FDP draft law - Wind power in the forest: expert opinion without final assessment
The scientific service of the Thuringian state parliament sees legal risks in an FDP draft law on wind turbines in forests, but has not come to a conclusive assessment. It cannot be sufficiently established that the state parliament has the legislative competence to enact the law, according to a letter from the director of the state parliament, Jörg Hopfe, to the members of parliament, which is available to the German Press Agency. A final assessment is not possible "due to the existing database".
In the letter, Hopfe appeals to the MPs to refer the draft back to the Infrastructure Committee. A possible decision would be "highly risky" due to unresolved legal issues. The Council of Elders had commissioned an expert opinion from the scientific service of the state parliament because constitutional concerns had been raised. The bill is to be discussed in the state parliament on Friday. This would be the second debate after which a vote would be possible.
With its draft amendment to the Thuringian Forest Act, the FDP parliamentary group wants to make it more difficult to erect wind turbines in forest areas. In Thuringia, there had already been a ban on such turbines in forests on the initiative of the CDU, but the Federal Constitutional Court overturned the regulation.
The FDP, CDU and AfD are against wind turbines in forest areas. The three opposition parties could now once again pass a law in parliament against the will of the red-red-green governing coalition. The Thuringian AfD is classified by the state's Office for the Protection of the Constitution as a confirmed right-wing extremist party and is under observation. A tax cut passed by the opposition caused a nationwide stir this year because it was only passed with the votes of the AfD.
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- The experts from the Thuringian state parliament's scientific service raised concerns about the legal risks associated with the FDP's draft law on wind turbines in forests, but their evaluation is not yet final due to insufficient data and unresolved legal issues.
- The German Press Agency reported that the director of the Thuringian state parliament, Jörg Hopfe, advised referring the FDP draft back to the Infrastructure Committee, citing the high risk involved in proceeding without a clear legal mandate.
- The FDP's proposal aims to make it more challenging to install wind turbines in forested areas, following a previous ban on such installations that was overturned by the Federal Constitutional Court.
- The AfD, along with the FDP and CDU, opposes wind turbines in forest areas, potentially opening up the possibility for the three opposition parties to push through legislation contrary to the red-red-green coalition's wishes.
- In Erfurt, the Thuringian capital, ongoing debates about wind energy in forests have focused on the debate surrounding wind power, with the presence of windmills, including a prominent wind wheel, becoming a symbolic site for the conflict.
Source: www.stern.de
