The adoption of the reformed climate protection law planned for this Friday can take place. The Federal Constitutional Court in Karlsruhe rejected an application for an interim injunction, as the highest German court in Karlsruhe announced on Thursday. The reasoning is that his lawsuit is inadmissible from the outset.
With the decision, Germany’s highest court is responding to an application by CDU member of the Bundestag Thomas Heilmann. He applied for an interim order on Wednesday. He justified the step, similar to his successful proceedings against the heating law last year, with an “extremely shortened consultation time” and also with a feared weakening of climate protection. The CDU politician argued that his right as a member of parliament “to receive advice and to participate equally as a member in the formation of parliamentary decisions” had been violated. The judges didn’t agree with him.
Instead, the Bundestag will vote on Friday as planned on the reform of the climate protection law decided by the traffic light coalition. This provides for fundamental changes. The following applies so far: If individual sectors such as transport or buildings fail to meet legal requirements for CO2 emissions, the responsible ministries must submit emergency programs in the following year. With the reform, compliance with the climate targets should no longer be checked retroactively by sector, but rather with a view to the future, over a period of several years and across sectors. If it becomes apparent in two consecutive years that the federal government is not on track to meet its climate target for 2030, it will have to make adjustments.
Coalition politicians expressed relief after the Karlsruhe decision. After the Karlsruhe decision was published, Irene Mihalic, the parliamentary secretary of the Green Party, said it was good “that MP Heilmann failed to pursue a legal action as a substitute for politicians.” In doing so, he is “not only delaying parliamentary proceedings, but also throwing sand in the court’s gears.”
FDP parliamentary group leader Christian Dürr said: “I am glad that the new climate protection law can now be passed without further blockages by the Union. Without this reform, there would be a risk of driving bans in the summer, even though we are already achieving the climate goals – the Union was clearly ready to do so To expect drivers to do exactly that.” SPD parliamentary secretary Katja Mast wrote in a statement: “This is good news for climate protection. Together with the solar package, which is also on the agenda on Friday, we are accelerating the expansion of renewables (energies) and improving climate protection.”
Environmental associations criticize this as a softening and Heilmann also fears a weakening of climate protection with far-reaching consequences.
By 2030, Germany must reduce its greenhouse gas emissions by at least 65 percent compared to 1990. Greenhouse gases should be reduced by 88 percent by 2040 and greenhouse gas neutrality should be achieved by 2045 – by then no more greenhouse gases will be emitted and cannot be sequestered again.
The Bundestag and Bundesrat should also clear the way for the faster expansion of solar energy on Friday. The so-called Solar Package I is intended, in particular, to make it easier to use so-called balcony power plants and to free up more space for solar parks. The Federal Council should also give the final green light for changes to the law to introduce a payment card for asylum seekers. Finally, the state chamber is also discussing the introduction of uniform charging cables for cell phones and tablets as well as the implementation of EU regulations against illegal content and disinformation on the Internet.
