Process - Admission of climate petitions: Court rejects lawsuit
How precise must the question of a citizens' petition be? On Thursday, the Bayreuth Administrative Court dismissed a complaint by representatives of the "Klimaentscheid Bayreuth" citizens' petition because it did not consider their question to be specific enough, as a spokesperson for the court announced in the evening. The city of Bayreuth had already rejected the planned vote on municipal climate protection measures in July 2022 for the same reason. The representatives had filed a lawsuit against this.
The question of the citizens' petition reads: "Are you in favor of the city of Bayreuth instructing the administration to draw up a concrete and binding action plan within one year of the success of the referendum to achieve true climate neutrality by 2030?" Citizens should also decide whether the action plan should be discussed and implemented.
As the spokesperson explained, in the opinion of the court, the question alone makes it unclear what is meant by "genuine climate neutrality by 2030". This was also not clear from an addition to the question. The judges at the Administrative Court therefore dismissed the complaint. The plaintiffs can file an application for permission to appeal to the Bavarian Administrative Court within one month of notification of the decision.
Before the hearing, supporters of the citizens' petition protested in front of the court building in Bayreuth.
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- The court decision in Bayreuth has raised questions about the specificity required for a citizens' petition, as the Upper Franconian Administrative Court rejected the petition for climate protection measures due to its lack of clarity.
- The petition, initiated by "Klimaentscheid Bayreuth," sought the city's commitment to creating a concrete and binding climate action plan within a year, aiming for true climate neutrality by 2030, but the court found this goal unspecific.
- As a result of the court's decision, the representatives can now file an application for permission to appeal at the Bavarian Administrative Court within one month, potentially triggering further processes in the climate debate in Bavaria.
- Intersested parties and supporters of the climate petition have emphasized the importance of the issue, demonstrating in front of the Bayreuth court building in protest.
Source: www.stern.de
