Three constitutional actions against climate bill: The future comes before the court

The climate bill of the government was insufficient, to find environmental organizations and young activists. You have inserted in Karlsruhe complaint. Luisa

Three constitutional actions against climate bill: The future comes before the court

The climate bill of the government was insufficient, to find environmental organizations and young activists. You have inserted in Karlsruhe complaint.

Luisa Neubauer on the sidelines of a press conference of the German environmental aid photo: Kay Nietfeld/dpa

BERLIN taz | As the Bundestag on 15. November of last year, the climate protection law is decided, said SPD environment Minister Svenja Schulze: "We ensure that climate-friendly behaviour is worth in the future."

For the Parliament, the Federal Council and the government. your behavior now, but once a legal epilogue: the new constitutional complaints environmental groups and especially the young person Concerned to attack the climate bill, announced in Berlin on Wednesday If and when the Supreme court decides on this question is yet open.

Currently support Greenpeace, Deutsche Umwelthilfe and German watch three new complaints: 10 children and young people from Germany will see their basic rights violated as 15 individuals from Nepal and Bangladesh. A third complaint comes from the nine young people, among them, the FFF activist Luisa Neubauer, the actions in part also on the EU level. A Constitution is the complaint of the person Concerned, which is supported by the FEDERAL government, and since November of 2018, the constitutional court is located.

find fault with The plaintiff, the climate protection act is "inconclusive, unfit, and with duties to protect incompatible", it will allow too many emissions, and take "so that the Generation of the Complainant the option of deciding their own future". They complain of violations of their fundamental rights to physical integrity, property rights, freedom to choose an occupation, or against the duty of the state to the preservation of the environment.

Miriam Siebeck, 15-year-old FFF-activist from Stuttgart, said: "The government maintains its duty to protect our livelihoods." And for Luisa Neubauer it's not after a year of demonstrations "only to wish for more climate protection. From today, the question is: Is this not the government agree with the Constitution?“

However, if this question is decided is unclear. Because the constitutional court itself whether it accepts the complaints, and then may decide whether and in what points the law is inadequate.

on the one Hand, the Supreme court has acknowledged in the case of environmental issues, often to the legislator broad leeway. And with the adoption of the climate protection act, was well acted, even if the environmental associations are little. To view the DUH the Budget would be about even with the law for Germany's globally acceptable emissions in 2025, exhausted.

on the Other hand, had the constitutional court for the constitutional challenge of the FEDERAL government by 2018 with great interest to detect, is reported by the FEDERAL attorney Felix Ekardt: It has requested opinions of Parliament and the government to respond slowly.

And the plaintiffs hope that the successful process of the Dutch environmental organization urgenda, for example: There is only on 20 had. In December, the Supreme court in the last instance, the government is supposed to be a more effective climate protection. "We hope that the constitutional court accepts the complaints, and bundles, and in the course of this year, a hearing starts," said a lawyer Roda Verheyen, who is representing one of the actions.

The lawsuits are the latest Trend. Increasingly, Concerned a challenge in the courts the better climate protection: Worldwide, hundreds of "climate processes". Last year, farmers failed, for example, with the support of Greenpeace in front of the administrative court of Berlin; plaintiff of the Islands and Affected the whole of Europe actions before the EU courts. And in the process of a Peruvian mountain guide against RWE, the German watch supported, recognised by the German court, in the meantime, a visit in the Andes.

Updated Date: 15 January 2020, 17:00

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