Formalism over Functionalism: the ECtHR’s Retreat on Procedural Environmental Rights in Cannavacciuolo

Abstract. This paper examines the ECtHR’s Cannavacciuolo ruling, contrasting its restrictive denial of ENGO standing in pollution cases with the progressive functionalism of KlimaSeniorinnen. While advancing substantive Article 2 rights for direct victims of systemic pollution, the Court’s formalism risks fragmenting environmental justice and undermining procedural rights.