The German Federal Constitutional Court Orders the German Legislator to Set Clear CO
2 Emission Reduction Goals Beyond 2030
On 29 April 2021, the German Federal Constitutional Court published a groundbreaking order it already released on 24 March 2021. Following a complaint brought by young climate activists, the Constitutional Court held the 2019 German Federal Climate Change Act as partially unconstitutional.
The Court argued that the Climate Change Act s provisions on national climate targets and annual emission amounts allowed until 2030 are incompatible with the fundamental freedom rights of the plaintiffs. Further, the existing provisions also lack sufficient specifications for further emission reductions from 2031 onwards. The German legislator
Friday, May 7, 2021
April 2021 saw two major developments in climate change legislation in the EU and in Germany. These developments confirm that the goal of fulfilling the Paris Agreement and achieving climate neutrality by 2050 at the latest will increasingly shape EU and German law-making for the foreseeable future. Further legislative action may be just around the corner.
Provisional Agreement of EU Lawmakers on EU Climate Law
At the EU level, European lawmakers reached a preliminary agreement on the European Commission’s proposal for a European Climate Law on 21 April 2021 after months of intense debate.
The European Climate Law codifies the EU’s commitment to reaching climate neutrality by 2050 and the target of reducing net greenhouse gas emissions by at least 55% by 2030 as compared to 1990. Further key elements of the provisional agreement include (i) a process for setting a 2040 climate target, taking into account an indicative greenhouse gas budget for t