Experts in constitutional law have expressed concerns about the planned passage of a clause on climate neutrality by 2045 in the German Basic Law. The experts argue that the clause, which would give the federal government the authority to achieve climate neutrality, could be misinterpreted by non-governmental organizations (NGOs) and the courts, leading to unintended consequences.
Volker Boehme-Neßler of the Carl von Ossietzky University of Oldenburg told Politico that the term “climate neutrality by 2045” could become a key phrase in the constitution, developing an “Eigen-dynamik” that is difficult to predict. NGOs might try to use the term to pressure the government through the courts, a scenario that has already played out with other key phrases in the past, he said.
Christian Pestalozza of the Free University of Berlin focused on the distinction between a state goal and a purpose for a special fund. He argued that the planned article would only grant the federal government the authority to take certain actions, but would not impose a binding obligation. The government could choose not to use the authority at all, he said.
Josef Franz Lindner of the University of Augsburg described the inclusion of the clause in the Basic Law as a “constitutional high-risk project.” He argued that the new norm could be interpreted as a constitutional mandate to achieve climate neutrality by 2045 and that the entire climate policy would be built around this goal.
According to Lindner, the constitutional amendment has expressed the legislature’s intention to achieve climate neutrality by 2045 as a constitutional goal. He pointed out that the Federal Constitutional Court has already shown a willingness to develop new constitutional principles, such as the concept of “intertemporal freedom security.” It is therefore “highly likely” that the court would develop the concept of “climate neutrality by 2045” beyond its financial constitutional law significance and use it to measure the government’s actions in the field of climate policy.