Police officers carry a climate activist from the street in front of the Victory Column in Berlin. © Kay Nietfeld/dpa
The "Last Generation" is largely financed by donations. This is also used to pay fines. An expert explains the delicate legal background.
Cologne – Sticking yourself to the street for the climate is not cheap. For 2022, the "Last Generation" expected 12.5 million euros. That's what it says on their website. This is not about financing the preparation, glue or other material costs. It's about fines. The calculation is simple: In 1,250 blockade actions, an average of ten people would have participated, with the penalty amounting to an average of 1,000 euros per person. That makes a total of 12.5 million euros. So far, the costs have been borne by private individuals, says the "Last Generation".
Last week, one could assume in the short term that this would change in the future. The reason: the company Ökoworld from Hilden in North Rhine-Westphalia. The listed stock corporation, also known as a provider of equity funds, initially announced that it would pay 100 percent of the penalties in the future. After a great media response, the role followed backwards. Chief Alfred Platow made it clear: "In order to support the protests for climate protection, I will transfer an amount of 20,000 euros to the Environmental Trust Fund." Since then, there has been no talk of a carte blanche for further actions. For the climate activists, the question arises: Who will take Ökoworld's place?
Constitutional lawyer on "Last Generation": In principle, you can donate money
Maybe just private individuals. At least if it goes according to the will of the "last generation". Donations would be "held in trust in the interests of the donors" by a lawyer. For legal laymen, this is probably a funny idea: You donate money to finance crimes? Doesn't that make you liable to prosecution yourself? "No, as long as you don't finance the specific crime, but the group and its concerns," says Friedhelm Hufen, professor of constitutional law at the University of Mainz. "Basically, the 'Last Generation' is a group of people who are committed to the climate. Of course, you can donate money to them." However, it becomes tricky when it comes to incitement, favoritism, aiding and abetting or even complicity. This would be the case, for example, if one deliberately buys the glue of the climate activists or finances the group only to implement one's own criminal goals, according to Hufen.
The fact that person A commits a crime and person B pays the fine is not unusual in criminal law. "It only becomes difficult when the donations incite new crimes, so to speak," says Hufen. "In the case of prison sentences, which the courts are imposing more and more frequently, the support is of no use anyway. You have to do it yourself."
For legal laymen, this is probably a funny idea: You donate money to finance crimes? Doesn't that make you liable to prosecution yourself? "No," says Friedhelm Hufen, professor of constitutional law at the University of Mainz. "Basically, the 'last generation' is a group of people who are committed to the climate." But it gets tricky when it goes in the direction of incitement. "Then it would have to be examined whether there is a favoritism or even complicity," says Hufen. This would be the case, for example, if the climate activists were specifically bought the glue.
The fact that person A commits a crime and person B pays the fine is common practice in criminal law. "It only becomes difficult when the donations incite new crimes, so to speak," says Hufen. "That's why the courts are starting to impose prison sentences. You have to do it yourself."
Finances of the "last generation": More income than expenditure in 2022
What exactly the climate activists spent and earned in 2022 can be seen from the "Transparency Report". Accordingly, 901,832.61 euros in donations were collected. Included in the donations are 10,000 euros, which the "Last Generation" received as a loan in 2022. In addition, there are around 50,000 euros in funding from the Climate Emergency Fund (CEF). The activists point out in the report that the "Last Generation" does not receive these funds as a "direct donation".
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For 50 euros you can pay to travel to Berlin to take part in a demonstration. With a donation of 100 euros, you would pay the room rent for a seminar in which people prepare for a protest action. With 200 euros, posters and flyers could be printed. And if you donate 1000 euros, you would make it possible to accommodate a group for a week in Berlin.
Issues of the "Last Generation": 100,000 euros for flyers, posters and Tesa
In reality, it looks like this: According to the report, the "last generation" spent 2022,534.519 euros in 73. The largest part of this, a total of 254,170.43 euros, was incurred for rental costs. The money was invested in event rooms, rental cars, lifting platforms and accommodation. The second major item was material costs. For flyers, posters, Tesa or paste, 98,167.28 euros were incurred. Legal costs were significantly lower – a total of 17,733.02 euros. The "Last Generation" spent a further 11,226.10 euros on "further training and resilience". These include press training, anti-burnout seminars, emotional reappraisal rooms and mediation.
But things would change fundamentally if – as discussed in the Bundestag on Thursday – the "Last Generation" were found to be unconstitutional and dissolved. In this case, the frequency of the protests would presumably change little, suspects lawyer Hufen, but it would certainly have financial implications: "The assets would be confiscated and further support would possibly be punishable by law."
