Berlin court allows referendum on making German capital largely car free

A Berlin court has ruled that a referendum aiming to largely ban cars from the city centre is permissible, newspaper Tagesspiegel reported. The move paves the way for a what is expected to become a divisive battle between car drivers and opponents of car-based urban planning. The Berlin Car-Free citizens’ initiative aims to ban most cars within the city’s metro (S-Bahn) ring.

This follows an initial backlash against traffic reduction policies by the new government under the leadership of Kai Wegner, the conservative mayor of the CDU, who campaigned against restrictions on car use in the city, such as the expansion of bicycle lanes, speed limits and parking reductions. Subsequently, Wegner’s administration initiated a pro-car campaign and began to reverse some of the policies introduced by the previous centre-left government. “We want a Berlin in which Berliners can move around as they wish – on foot, by bike, by public transport or by car,” said Wegner.

However, the decision to allow the referendum could challenge this freedom of choice. Court president Ludgera Selting stated that the court had not decided whether Berlin would immediately become car-free, but "only whether a multi-stage process for citizen participation can be used". Despite the eight-to-one vote, some judges expressed concern about the potential impact of a car ban on public transport, citing “significant bottlenecks” as an example. However, Selting stressed that the decision did not mean “that the constitutionally required minimum level of mobility would no longer be met”.

According to the court, a proposed car ban would not interfere with property rights, as citizens would still be entitled to purchase, own, and sell a car within the affected zone — although they would no longer be able to use it near their homes. Exceptions to the ban would be made for people with disabilities, the police, emergency services, firefighters, refuse collectors, taxis and commercial and delivery vehicles. While car-ban proponents welcomed the court’s  decision, Alexander Schirp, managing director of the Berlin-Brandenburg Business Associations (UVB), warned, “A widespread ban on driving in the city centre would be a severe blow to the economy in the capital region."