Government defends constitutionality of German climate policy

The German government has defended its climate policy, particularly in the transport sector, and the country’s Climate Action Law against complaints from environmental organisations in two ongoing constitutional court cases, news service Climate Table reported. 

In unpublished statements for the proceedings, seen by the news service, the government argued that its policy is constitutional and appropriate. A landmark constitutional court ruling from 2021 stipulates that if the government's climate policy were “obviously unsuitable” or “completely inadequate,” the government would be violating its duty to protect and could be required by the court to do more. The government disputed this in the statements, and argued that in addition to national policy, Germany also benefitted from EU regulation and international rules. 

The climate law also did not violate the state's obligation to protect future generations from climate hazards, it said, arguing that it was impossible to definitively say how much CO₂ a country could yet emit. Such carbon emissions limits, often referred to as ‘carbon budgets’, have been a key issue in the court cases. The logic behind the government’s argument is that if it is not possible to calculate a CO₂ budget for Germany, then it is also impossible to say clearly when it will be used up – in other words, when future generations will face disproportionately large burdens, wrote Climate Table. 

Climate litigation has become a key lever to ensure the implementation of climate policy around the world. In the 2021 ruling, the German constitutional court declared that the government’s climate legislation was insufficient. The court at the time said that if the government fails to implement policy to protect the climate, it could violate citizens’ fundamental rights.