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Historical: Climate constitutional complaint confirmed - freedom and fundamental rights violated

Historically in Germany, constitutional complaint has been confirmed - freedom and fundamental rights violated

Karlsruhe declares the climate protection law to be unconstitutional in part and strengthens the rights of the young generation, report the NGOs German Watch / Greenpeace / Protect the planet in a joint broadcast:

In today's decision, the Federal Constitutional Court largely accepted the constitutional complaint from nine young people for a humane future: Freedom and fundamental rights are already inadequate today Climate protection injured. The legislature must improve the climate protection law by the end of next year.

Climate protection is a fundamental right

Lawyer Dr. Roda Verheyen (Hamburg), who represents the young people, comments on the decision: “The Federal Constitutional Court today set a globally significant new standard for climate protection as a human right. It has recognized the extreme crisis situation in climate protection and interpreted the basic rights in a generation-appropriate manner. The legislature now has a mandate to determine a coherent reduction path until greenhouse gas neutrality is achieved. Waiting and postponing radical emission reductions until later is not constitutional. Climate protection today must ensure that future generations still have space."

Sophie Backsen, one of the young complainants, is already experiencing the consequences of the climate crisis on her home island Pellworm: “The court's decision is a huge success for us young people who are already affected by the climate crisis. I am very pleased! It has become clear that essential parts of the Climate Protection Act are not compatible with our fundamental rights. Effective climate protection must start and be implemented now - not just ten years from now. This is the only way to secure my future on my home island. The decision gives me a tailwind to keep fighting. "

Luisa Neubauer from Fridays for Future is also a complainant: “Climate protection is not nice-to-have - fair climate protection is a fundamental right, it is now official. A huge success for everyone and especially for us young people who have been on climate strikes for their future for over two years. We will now continue to fight for a generation-fair 1,5 degree policy. "

background objects: The four constitutional complaints are directed against the climate protection law passed by the federal government in 2019. The plaintiffs are young people and adults from Germany and abroad. They are supported by the Federation for the Environment and Nature Conservation Germany (BUND) and the Solar Energy Association Germany, by the German Environmental Aid (DUH) as well as by Greenpeace, Germanwatch and Protect the Planet. With their constitutional complaints, they emphasize their criticism that the goals and measures of the Climate Protection Act are insufficient to effectively protect their fundamental rights from the consequences of the climate crisis and to fulfill the obligations of the Paris Climate Agreement. A lawsuit before the Berlin Administrative Court had preceded it and provided important information for today's judgment.

Decision of the Federal Constitutional Court: https://bundesverfassungsgericht.de/SharedDocs/Entscheidungen/DE/2021/03/rs20210324_1bvr265618.html

A recording of the association's press conference will be available from around 12 noon on youtube.

More on the constitutional complaint:
https://germanwatch.org/de/verfassungsbeschwerde

File number: 1 BvR 288/20

Photo / Video: Shutterstock.

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