Under Germany's current climate law, the burden of emissions cuts will fall on the shoulders of young people. So says the Constitutional Court.
Germany's climate law violates the fundamental freedoms of citizens because it effectively delegates to future generations the task of curbing global warming through drastic emissions cuts. This principle has been established by a landmark ruling from the Federal Constitutional Court, based in the city of Karlsruhe. The government will now have until the end of next year to rewrite the text. In the meantime, elections to renew the Bundestag will be held in September, marking the end of the era of Angela Merkel, who has led the country since 2005.
Passed in 2019, Germany's climate law sets out to cut greenhouse gas emissions by 55 per cent by 2030, compared to 1990 levels. This is the same target agreed upon by European Union institutions after months of lengthy negotiations (in the latter case, however, the reduction is described as "at least 55 per cent", which in real terms could therefore prove more ambitious).
In doing so, Berlin has sought to set itself on the path laid out by the Paris Agreement. The problem, however, is that this short-term target is far from sufficient to keep the rise in global temperatures within 2 degrees Celsius, while doing everything possible to avoid exceeding 1.5 degrees. "The emission reductions that will still be required after 2030 will have to be achieved with greater urgency and at short notice," the Court's judges wrote.
This prompted legal action brought by a group of young activists. Among them is Luisa Neubauer, aged twenty-five, one of the leaders of the Fridays for Future movement, who describes the Constitutional Court's decision as a "great victory". Germany's climate law — the judges argue — allows until 2030 for the vast majority of the remaining carbon budget to be eroded — that is, the limited quantity of CO2 that can still be emitted while maintaining any chance of complying with the Paris Agreement. Young people, therefore, may be left with only the scraps.
"Virtually any freedom can be affected by future emissions reduction obligations, since almost all areas of human life are still associated with the emission of greenhouse gases and are therefore threatened by the drastic reductions required after 2030," the Court states. This gives rise to a distortion that is deemed unacceptable: namely, that the inaction of today's decision-makers is paid for by sacrificing the freedoms of tomorrow's adults.
