2024-05-01 19:19:02
The CDU MP Heilmann is taking the matter to the Constitutional Court because of the traffic light reform of the Climate Protection Act. Such a procedure “wouldn’t be permitted in any allotment association,” he complains.
The CDU member of the Bundestag Thomas Heilmann is taking the traffic light reform of the Climate Protection Act to the Federal Constitutional Court. Heilmann applied for an interim order to stop the law in Karlsruhe on Wednesday. He justifies the step, similar to his successful proceedings against the heating law, with an “extremely shortened consultation time” and also with a feared weakening of climate protection.
“The traffic light not only unduly weakens climate protection goals, but also leads to a procedure that would not be permissible in any allotment garden association,” Heilmann told the German Press Agency. “The errors are more massive than in the so-called Heating Act. The Climate Protection Act is the heart of German climate legislation. We have to make sure that it is constitutional.”
Heilmann wants to prevent the adoption of the reform of the climate protection law in the Bundestag planned for this Friday. Heilmann requested a decision by 9 a.m. on Friday. In the main, Heilmann would like to establish 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. He suggests combining this with the Heating Act procedure.
The planned reform
The reform of the Climate Protection Act 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 looking into 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.
By 2030, Germany must reduce its greenhouse gas emissions by at least 65 percent compared to 1990. Greenhouse gases are expected to fall by 88 percent by 2040 and greenhouse gas neutrality should be achieved by 2045 – so no more greenhouse gases will be emitted or sequestered again.
The criticism of the law
From Heilmann’s point of view, far-reaching changes are planned, which is why the MPs need time to examine them. Environmental groups had criticized the reform as watering down the current rules. In his application, Heilmann also fears “a weakening of the climate targets for the current decade and a shift in CO2 reduction burdens, especially in traffic and buildings, into the following decade.”
The federal government would have to constantly submit reports with the reform, but only very late would it have to present concrete plans if more efforts in climate protection were necessary. “It’s about massive fundamental rights issues,” emphasized Heilmann. “What are we messing up today that needs to be done tomorrow?” He sees a great danger that both the European Court of Human Rights and the Federal Constitutional Court could declare the law unconstitutional.
Traffic light groups reject concerns
The first parliamentary managing director of the SPD parliamentary group, Katja Mast, explained: “The amendment that was sent on Friday afternoon essentially has three changes on 3.5 pages. These do not change the system of the law.”
The First Parliamentary Managing Director of the Greens, Irene Mihalic, emphasized that all usual deadlines in the Bundestag’s rules of procedure had been adhered to. There is no objection to the fact that there was a change after a hearing, and the changes were not particularly extensive. “The members of the Bundestag had and have the opportunity to read the draft law and the amendment in detail and to form an opinion on it before the final discussion.”
FDP parliamentary group deputy Lukas Köhler made a similar statement. “The coalition has led climate change law reform through the regular parliamentary processes, without special sessions or unnecessary haste,” he said. “The fact that Heilmann does not want to change the planned economy climate protection law shows once again that the CDU has lost its market economy compass.”
The cabinet had already approved the reform in June last year. After a long struggle, the traffic light factions SPD, Greens and FDP agreed on the details of the reform on April 14th and announced this one day later. According to Heilmann’s application, the amendments were available from midday on April 19th, but only in a provisional version.
The blueprint is the procedure against the heating law
Last summer, the Federal Constitutional Court stopped the adoption of the Heating Act (Building Energy Act), for which Heilmann also criticized the tight schedule. The law was then passed by the Bundestag in September. “I think the procedural errors are even more serious than they were with the heating law,” explained Heilmann. Although the legal text is much less extensive, the complexity of the questions arising from the climate protection reform is significantly higher.