Is Germany too lax in the fight against climate change?
The Federal Constitutional Court dealt with four constitutional complaints - and called for improvements.
Update from April 29th, 1:50 p.m.:
After the judgment of the Federal Constitutional Court, CSU boss Markus Söder called for and announced a general renovation of the federal and also the Bavarian climate protection law.
You have to act now and shouldn't put it on the back burner, said Söder on Thursday after consultations between the CSU leadership and the Bavarian Economy Association.
The Union parties would have to be “pacemakers” and not run after others.
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Markus Söder (CSU), party chairman and Prime Minister of Bavaria, sets up his microphones on the desk at a press conference in the CSU party headquarters.
© Matthias Balk / dpa
Söder called the judgment “powerful, but correct”.
It must be understood by everyone as a positive opportunity.
Never before has a court called for a generation contract in such a way.
"You now have to translate that into positive energy," demanded Söder.
You shouldn't duck back, you just have to "tackle it now".
CSU General Secretary Markus Blume became more specific.
He called for a “decision in this legislative period” - and brought possible further consequences of the judgment on the table: “Generational justice as a question of the freedom of future generations” to be seen is “epoch-making and groundbreaking!
In addition to #climate protection, I am thinking of #debt brake, #pension policy, etc. "
Merkel's climate law criticized by constitutional judges: Altmaier receives ridicule from Scholz
Update from April 29th, 12.45 p.m.:
Minister of Economic Affairs Peter Altmaier (CDU) is now being criticized within the government after a jubilant tweet about the judgment of the Constitutional Court. “As far as I can remember, you and the CDU / CSU prevented exactly what the Federal Constitutional Court has now called for. But we can correct that quickly. Will you be there? ”Wrote the Federal Finance Minister and Vice Chancellor on Twitter on Thursday. Altmaier had previously written to the short message service that the Federal Constitutional Court had issued an “important judgment” that was “epoch-making for climate protection” and that provided “planning security for the economy”.
Nevertheless, positive reactions continued to be heard from the CDU. The verdict opens "a whole new chapter in the fundamental rights protection of citizens against inaction by the legislature that endangers freedom," said CDU politician Norbert Röttgen on Thursday the news portal
t-online
. "The Federal Constitutional Court acted as a guarantor of future and freedom protection."
Sharp criticism also came from the FDP: party vice Wolfgang Kubicki attacked the grand coalition.
"The sloppiness with which the coalition of the Union and the SPD formulates laws, testifies to a pronounced unprofessionalism," he told the newspapers of the Funke media group.
The Liberal chairman Christian Lindner described the judgment of the Federal Constitutional Court in the
Heilbronn voice
as "an occasion for a new start in climate policy in Germany".
Merkel's climate law punished before the constitutional court - CDU expert: "New Bundestag should have adjusted anyway"
Update from April 29th, 12 noon:
More sober than Economics Minister Peter Altmaier (see previous update), the environmental policy spokeswoman for the Union parliamentary group, Marie-Luise Dött, took up the Federal Constitutional Court's ruling on the climate law. “The decision of the Federal Constitutional Court is to be accepted. In principle, however, the legislature does not violate the climate protection requirement of Article 20a of the Basic Law. All that is criticized is the lack of measures for further emission reductions from 2031 onwards, ”she explained. The newly elected Bundestag will "have to bend anyway about an adaptation of the Federal Climate Protection Act, since the EU has increased its climate target for 2030 and this will have an impact on Germany".
Green leader and candidate for Chancellor Annalena Baerbock *, however, celebrated the judgment of the Federal Constitutional Court as a "historic decision".
"Climate protection protects our freedom and the freedom of our children and grandchildren," said Baerbock on Thursday on Twitter.
“Therefore a specific mandate for the here and now: revise the Climate Protection Act now.
The next few years are crucial for consistent action. "
The Karlsruhe judges obliged the legislature to regulate the reduction targets for greenhouse gas emissions for the period after 2030 in more detail by the end of next year.
"Sounding slap in the face" for Merkel's climate package: Karlsruhe supports FFF - Altmaier receives ridicule for cheering tweet
Update from April 29, 10:45 a.m.:
The Federal Constitutional Court has rejected the climate law of the government of Chancellor Angela Merkel: The reduction targets for 2030 must be specified by the end of 2022 (see previous update). The response was clear on Thursday: The plaintiffs - including from Fridays For Future - cheered. Economics Minister Peter Altmaier (CDU) sat down with a happy reaction in the nettles.
Environmental groups described the judgment as groundbreaking.
Luisa Neubauer from Fridays for Future said: "It's an incredibly big day for many".
Climate protection is a fundamental right.
Felix Ekardt as the legal representative stated that the court had given the federal government a resounding slap in the face.
The lawyer Remo Klinger spoke of a milestone.
The climate targets up to 2030 would have to be tightened significantly.
The plaintiff Sophie Backsen said: “We are super happy and relieved.” Effective climate protection must now be implemented and not in ten years when it is too late.
Climate law: Constitutional court collects Merkel's package - Altmaier collects ridicule for happy reaction
Altmaier - himself involved in the law as a minister - tweeted that Karlsruhe had passed a “great and important judgment.
It is epoch-making for climate protection and the rights of young people ”.
At the same time, it ensures planning security for the economy.
The Greens quickly made mockery: "Cute: The ringleader of the #Klimschutzbremse welcomes his conviction by the Federal Constitutional Court," replied ex-Minister Jürgen Trittin in the short message service.
Cute: The ringleader of the #Klimschutzbremse welcomes his condemnation by @BVerfG https://t.co/E6QZEsRlhB
- Jürgen Trittin (@JTrittin) April 29, 2021
In the meantime, the FDP considers a “new start in climate protection” to be necessary after the judgment of the Federal Constitutional Court on the Federal Climate Protection Act.
The decision of the court was a "plea for long-term and intergenerational fairness in politics," wrote Marco Buschmann, First Parliamentary Managing Director of the FDP in the Bundestag, on Thursday on Twitter.
A new start requires a clear CO2 cap and certificate trading.
"That works effectively, long-term and generation-fair," he wrote.
The non-attached member of the Bundestag Marco Bülow (PARTY) passed a harsh judgment on the federal government's climate policy: “You can't do it - the 'professionals'”, he tweeted.
Bülow called for a decisive and bipartisan response.
The topic is too important for an election campaign.
Climate blow for Merkel's government: Constitutional court approves “Fridays For Future” in part - law is not enough
Update from April 29, 9.35 a.m.:
The Federal Climate Protection Act falls short of the point of view of the Federal Constitutional Court.
The Karlsruhe judges obliged the legislature on Thursday to regulate the reduction targets for greenhouse gas emissions for the period after 2030 in more detail by the end of next year.
Constitutional complaints from several climate protection activists were partially successful (Ref .: 1 BvR 2656/18 et al.).
The sometimes very young complainants - among them were representatives of Fridays For Future - were violated by the regulations in the law in their freedom, the judges said.
"The regulations irreversibly postpone high emission reduction burdens to periods after 2030."
Limiting an increase in the global average temperature to well below 2 degrees and, if possible, to 1.5 degrees, as planned, would then only be feasible with increasingly urgent and short-term measures. "Practically any freedom is potentially affected by these future emission reduction obligations, because almost all areas of human life are still linked to the emission of greenhouse gases and are therefore threatened by drastic restrictions after 2030," the statement said. In order to safeguard freedom that is fundamentally secured, the legislature should have taken precautions “to alleviate these high burdens”.
The Bundestag and Bundesrat approved the federal government's climate package at the end of 2019 after the federal and state governments had negotiated compromises.
The key point is the Climate Protection Act.
For individual areas such as traffic, agriculture or buildings, it specifies how many greenhouse gases they are allowed to emit in which year.
"The purpose of this law is to ensure that national climate protection targets are met and that European targets are met," says the Federal Environment Ministry.
According to the Paris Climate Agreement - which forms the basis of German law - the increase in the global average temperature is to be limited to well below 2 degrees and, if possible, to 1.5 degrees Celsius, in order to keep the effects of climate change as low as possible.
The Federal Constitutional Court decides on the Climate Protection Act
Preliminary report
: Karlsruhe - The Federal Constitutional Court announced its decision on constitutional complaints against various provisions of the Federal Climate Protection Act on Thursday (9.30 a.m.).
The environmental organization BUND and, among others, representatives of Fridays for Future had submitted constitutional complaints because they considered the measures to reduce greenhouse gas emissions and to limit global warming to be inadequate (Ref .: inter alia 1 BvR 2656/18).
Climate protection goals in Germany put to the test
There are a total of four constitutional complaints against German climate policy - which the plaintiffs are not enough.
They see their fundamental rights violated when politics does not sufficiently contain global warming.
The first lawsuit was filed in 2018 by the Federation for the Environment and Nature Conservation Germany, the Solar Energy Funding Association Germany and several individual plaintiffs.
The other two lawsuits followed in early 2020 after the new climate protection law came into force.
It stipulates how much carbon dioxide individual sectors such as the energy industry or transport may still emit in the coming years.
The emission of climate-damaging greenhouse gases is expected to decrease by 55 percent by 2030 compared to 1990 levels.
"It's about a humane future for today's young and future generations"
Numerous young people are suing the law, supported by various environmental protection organizations.
Two of the constitutional complaints, one in ten Germans and one in 15 people from Bangladesh and Nepal, are supported by Deutsche Umwelthilfe.
Another lawsuit brought by nine young adults from Germany is supported by Germanwatch, Greenpeace and Protect the Planet.
“It's about a humane future for today's young people and the next generation,” said Caroline Schroeder, advisor for climate action communication at Germanwatch, the AFP news agency.
"Your fundamental and freedom rights to life and physical integrity, but also to property and freedom of occupation, will be violated if the climate crisis is not better contained."
Among the nine plaintiffs supported by the three environmental associations are Luisa Neubauer from Fridays for Future * and young people whose families make a living from tourism or agriculture and fear the effects of the increasing frequency of extreme weather events and rising sea levels.
"You want to take over the business and don't know whether that will still be possible," said Schroeder.
The generation is deprived of the ability to make decisions about their future as a result of the climate crisis.
Missing climate protection in Germany?
The aim of the constitutional complaint is for the court to declare the Climate Protection Act unconstitutional and oblige the legislature to make improvements.
But even a non-acceptance decision would be a win if it were well founded, said Schroeder.
"If Karlsruhe recognizes that the federal government has certain protective obligations, then we could build on it."
It is not the first time that a court has had to deal with climate policy.
In 2019, the Berlin Administrative Court dismissed a lawsuit by three families of organic farmers aimed at meeting the 2020 climate target as inadmissible.
The Berlin judges declared, among other things, that the climate targets are a political declaration of intent, not a legally binding regulation.
Last month, the European Court of Justice in Luxembourg dismissed a complaint by citizens from EU countries as well as from Kenya and Fiji against the EU's 2018 climate package.
The plaintiffs are not directly concerned individually, which is why their action is inadmissible, it was said by the European judges.
Climate lawsuits have been successful in the Netherlands and France
In other countries, on the other hand, climate actions have been successful: For example, the Supreme Court of the Netherlands decided at the end of 2019 that the state must limit greenhouse gas emissions more than before.
The administrative court in Paris upheld a similar lawsuit by environmental organizations against the French state in February, ruling that France was doing too little to protect the climate.
There is also an action brought by eight children and young people from Portugal against 33 countries, including Germany, at the European Court of Human Rights in Strasbourg.
They argue that the governments in question have failed to contain global warming enough, making forest fires and droughts more likely in Portugal.
(afp / dpa)
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