Environmental policy - Three new constitutional complaints for more climate protection
Climate activists and environmental organizations have announced three new constitutional complaints against the German federal government to push for more climate protection. This would be the case if Bundespräsident Frank-Walter Steinmeier were to sign the constitutional amendment to the Climate Protection Law, which was approved by the Bundesrat in May, Greenpeace, Germanwatch, and the German Environmental Aid (DUH) stated in Berlin, where they presented the new complaints together with Fridays for Future and other organizations.
"We are here today for the constitutional complaint 2.0," said Roda Verheyen, who is serving as a lawyer for one of the complaints. In 2021, the Federal Constitutional Court made a historic decision that politics must improve climate protection to protect the freedom rights of future generations. Several climate activists' constitutional complaints, including some who are present again this time, were successful at the time.
What the new complaints are about
Verheyen identified insufficient climate policy and the amendment to the Federal Climate Protection Law as the core issue and reason for the new complaints. "It is unconstitutional," Verheyen emphasized. "The sector targets have been abolished as binding sector targets. This puts the overall reduction path in danger."
Luisa Neubauer of Fridays for Future criticized the climate policy of the German government as arrogant and short-sighted: "The traffic light government seems to think it only needs to protect people from the climate catastrophe when it suits them." Climate protection is a human right. "As long as the government ignores that, we will go to court."
Where things stand with the reform of the Climate Protection Law
After its passage by the Bundestag, the controversial reform of the Climate Protection Law was also approved by the Bundesrat in mid-May. The change, primarily driven by the FDP, among other things, provides that in the future, the fulfillment of greenhouse gas reduction targets in individual sectors will no longer be the focus, but rather the overall savings across all sectors. The climate targets themselves are not affected by this: Germany is still aiming to be greenhouse gas neutral by 2045.
Before the amendment to the law takes effect, it must still be signed by the Federal President. The German Environmental Aid has asked Steinmeier in a letter from their lawyer not to do so, according to DUH-Chief Jürgen Resch. The Federal Presidential Office told the German Press Agency in response to an inquiry that the amendment is currently still under review - without providing any reasons.
Representatives of the constitutional complaint from the Federal Association for Environment and Nature Protection Germany (BUND) and the Solar Energy Promotion Association Germany (SFV), as well as those from Germanwatch and Greenpeace, announced on Wednesday that they would also file complaints if the Climate Protection Law amendment does not come into effect.
- Climate activists, in collaboration with environmental organizations such as Germanwatch, Greenpeace, and Deutsche Umwelthilfe e.V., have launched three new constitutional complaints against the German federal government to advocate for stronger climate protection.
- These complaints were presented in Berlin, causing a stir in the environmental sector and among climate activists like Fridays for Future.
- Roda Verheyen, a lawyer representing one of the complaints, stated that the core issue and reason for the new complaints is insufficient climate policy and the amendment to the Federal Climate Protection Law, which she considers unconstitutional.
- Luisa Neubauer of Fridays for Future accused the German government of adopting an arrogant and short-sighted approach towards climate policy, fails to recognize climate protection as a human right, and will continue to take legal action until their demands are met.
- The Bundestag and Bundesrat approved the controversial reform of the Climate Protection Law in May, which, among other things, eliminates binding sector targets and focuses on overall savings across all sectors instead.
- The amendment to the law is currently under review by President Frank-Walter Steinmeier; the German Environmental Aid has urged him not to sign it, citing constitutional concerns.
- If the amendment isn't enacted, further constitutional complaints will be filed by BUND, SFV, Germanwatch, and Greenpeace, as well as other organizations.
- The Federal Council and Federal Government are under increasing pressure to address climate change and implement effective climate protection measures, as the climate crisis threatens inalienable rights enshrined in Germany's Constitution.
- The Federal Constitutional Court, responsible for interpreting the Constitution and ensuring its implementation, will play a crucial role in determining the German government's compliance with its climate obligations, particularly in relation to the Climate Protection Act and future constitutional complaints.
