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Bundestag: Faster court proceedings should also speed up motorway construction

2023-02-10T11:57:45.748Z


Whether roads, rails or wind turbines: In the future, courts will be able to wave particularly important infrastructure projects through more quickly. The traffic light coalition for the law has received criticism from environmentalists.


Enlarge image

Motorway construction site near Pforzheim

Photo: Wolfgang Maria Weber / IMAGO

Transport Minister Volker Wissing wants to build new autobahns so that traffic flows faster.

Now the FDP politician is playing into the hands of a decision by the Bundestag.

Because in the future, courts should decide more quickly on such or similar infrastructure projects, for example on renewable energies.

The Bundestag decided on Friday in Berlin with the votes of the government factions SPD, Greens and FDP.

The left faction also agreed.

Union and AfD MPs voted against the bill.

For the time being, however, it remains unclear which infrastructure projects will be planned more quickly in the future.

In the traffic light coalition, the FDP and the Greens in particular are at odds over this question.

The eco-party demands that new highways be exempted from speeding.

The aim of the reform that has now been decided is to shorten the procedures before administrative courts - for projects that are classified as particularly important.

These include, among other things, the expansion of the rail network as well as wind turbines, larger gas pipelines, trunk roads and high-voltage lines.

Only lignite and airports excluded

"The law does not distinguish between climate-damaging and climate-protecting projects," criticized Magnus Wessel from the environmental association BUND to SPIEGEL, "only lignite and airports were excluded."

If everything is to be accelerated at the same time, however, nothing is accelerated at all.

"We have a huge problem with a lack of staff in the courts and in the authorities," which will not be solved by the new law.

New motorways are not completely prevented by legal action, but planning errors are sometimes corrected.

The BUND was successful with a lawsuit against the planned A20 coastal motorway last July.

The Federal Administrative Court declared the planning approval decision from 2018 for a 13-kilometer section in Lower Saxony to be illegal.

The highway should not lead through the moor.

The climate argument was not taken into account here because the Climate Protection Act was not yet in force at the time of planning.

From a legal point of view, there are also concerns about the acceleration that has now been decided.

Skeptics complain that the state is giving the courts a desired decision and is thus interfering with the independence of the judiciary.

From the expert hearing at the end of January, the Bundestag minutes noted "sometimes sharp criticism from almost all the experts invited".

As a result, the traffic light factions softened their draft in some points.

Traffic light dispute continues

The law provides for the formation of specialized chambers or senates for planning law as well as specific deadlines so that procedures for such large-scale projects no longer drag on for years.

In addition, a court should be able to disregard a defect in the contested administrative act if it is obvious that this will soon be remedied.

The opposition sharply criticized the reform.

At best, it was well-intentioned, but certainly badly done, said CSU MP Stephan Mayer.

Because some regulations are completely vague, he fears that the law could even lead to delays.

When it comes to planning acceleration, the positions in the governing coalition are far apart.

The FDP insists on advancing all decided construction with the new "Germany pace" - including the numerous new roads and expansions that are provided for in the federal traffic route plan.

The Greens only want to grant road projects “outstanding public interest” if dilapidated roadways and bridges are renewed.

After an unsuccessful coalition committee at the end of January, the search for a compromise was postponed.

joe/ahh/dpa

Source: spiegel

All tech articles on 2023-02-10

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