NEWS
German climate law is partly unconstitutional,
top court rules
Germany will have to improve its emissions targets
from 2031 following a complaint by a coalition of climate activists, including
Fridays for Future.
29.04.2021
https://www.dw.com/en/german-climate-law-is-partly-unconstitutional-top-court-rules/a-57369917
Germany's
Constitutional Court ruled Thursday that the country's 2019 climate protection
act is in part unconstitutional.
"The
regulations irreversibly postpone high emission reduction burdens until periods
after 2030," the court said.
It added
that the law does not explain in enough detail how greenhouse gas emissions are
to be reduced after 2031.
The judges
gave the legislature until the end of next year to draw up clearer reduction
targets for greenhouse gas emissions for the period after 2030.
What is the
case about?
The
complaint was filed by a group of nine mostly young people. They are supported
by several environmental associations, including Friends of the Earth Germany
(BUND) and Fridays for Future.
They have
criticized the law, saying it does not go far enough to sufficiently reduce
greenhouse gas emissions and limit climate change.
They argue
that because the law will not limit climate change, it violates their
fundamental right to a humane future.
The court
has now obligated the legislature to find a balance between freedom for all and
burdens faced by some.
"Older
people, at least those who are concerned about the well-being of their children
and children's children, should rejoice over this ruling," Protestant
theologian and former chair of the German Ethics Council, Peter Dabrock, told
DW.
"The
verdict sends a very strong signal," he added, and quoted the philosopher
Immanuel Kant: "The freedom of the individual ends where the freedom of
others begins." That principle is now getting a cross-generational
perspective, he said.
"As a
constitutional court ruling, this is as surprising as it is overdue," the
ethics expert emphasized.
What else
did the court say?
"The
challenged provisions do violate the freedoms of the complainants, some of whom
are still very young," the court said in a statement.
"Virtually
every freedom is potentially affected by these future emission reduction
obligations because almost all areas of human life are still associated with
the emission of greenhouse gases and are thus threatened by drastic restrictions
after 2030," the statement said.
Striking
for the future
"Why
study, if our future is being destroyed?" This sign features a sentiment
shared by increasing numbers of German students, who have joined young people
worldwide in using Friday school strikes to call for action on climate change.
The movement was inspired by 16-year-old Swedish activist Greta Thunberg, who
began her protests alone in front of the Swedish parliament in August 2018.
German
Minister for Economic Affairs and Energy Peter Altmaier responded to the
ruling, saying it was both "big and meaningful." He added it was
"epochal" for climate protection and the rights of young people as
well as ensuring planning security for the economy.
He added
that he was "pleased" that the court had implemented what he called
the "most important" requirement of his 2020 climate initiative that
ensures the reduction targets up to 2050 are "broken down into concrete
reduction targets for each individual year between 2022 and 2050."
German
Finance Minister Olaf Scholz said he and Environment Minister Svenja Schulze,
who are both from the Social Democrats, the junior coalition partner in the
federal government, had "resolved to very quickly prepare a draft bill to
advise the federal government."
He said the
aim is to amend the Climate Protection Act so that it complies with the requirements
of the Federal Constitutional Court. He added that he expects the bill to
receive the approval of the entire federal government.
"Action
really needs to be taken now, and I'm ready to do that," Scholz said.
He accused
Altmaier, a member of Chancellor Angela Merkel's Christian Democratic Union, of
"talking about big climate goals but then putting on the breaks instead of
taking any real action."
Climate
activists celebrate the ruling
"It's
an incomprehensibly big day for many people," said Luisa Neubauer from
Germany's Fridays for Futures, who was part of the group that filed the
complaint.
In a tweet,
she added: "This is huge. Climate protection isn't nice-to-have, climate
protection is a fundamental right."
Legal
representative Felix Ekardt, said the court ruling had delivered the German
government a "slap in the face," while lawyer Remo Klinger called it
a milestone.
Plaintiff
Sophie Backsen said, "We are super happy and relieved." Effective
climate protection must be implemented now and not in 10 years when it is too
late, she said.
Annalena
Baerbock, confirmed by the Green Party as their candidate in the race to
succeed Merkel as chancellor this year, called the decision "historic."
What is the
climate protection law?
Germany's
climate protection act was approved by the government in 2019.
Under the
act, Germany is obliged to cut greenhouse gas emissions by 55% by 2030,
compared to 1990 levels.
It also
sets out yearly upper limits for greenhouse gases across various sectors such
as energy, transport, buildings and agriculture.
If these
individual targets are missed, an obligation to make improvements takes effect.
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