FAQ about the constitutional complaint

Why are we filing a constitutional complaint?

The German government’s climate policy is insufficient. Germany is not on track to meet its climate targets and the requirements set by the German Constitutional Court in 2021. The German Climate Protection Act (CPA) permits excessive emissions and will deplete Germany's CO2 budget in just a few years. To make things worse, key measures have not been implemented, especially in the transport sector, increasing the likelihood of falling short of the targets.

Instead of implementing adequate climate measures, the parliament has followed suggestions of the government and agreed to weaken the CPA. With the revocation of binding targets for example for the transport and building sector, the responsible ministry is no longer required to take immediate action if a sector deviates from its planned course. With the reformed CPA, there is an examination of whether emissions are exceeded across all sectors and measures must only be taken if this happens twice in a row – by whom exactly remains unclear. The removal of the enforcement mechanism for sectoral obligations has resulted in a lack of accountability and no effective mechanism to prevent or address excess emissions.

Therefore, Germanwatch, Greenpeace, and more than 50.000 individual plaintiffs have partnered up, backed by Protect the Planet, to file a constitutional complaint before the Federal Constitutional Court. Climate protection may not be delayed at the expense of today’s vulnerable population and future generations but must be implemented immediately. The Constitutional Court has already established this in its historic climate ruling in the spring of 2021.

We demand the quick and effective implementation of the climate ruling in the CPA and concrete measures to reduce emissions, particularly in the transport sector.

Should our complaint be successful, the Constitutional Court could oblige the government to increase climate ambition, ensure an effective governance mechanism and take immediate measures in the transport sector.

What is the legal basis of the constitutional complaint?

Our constitutional complaint is based upon three pillars:

Insufficient Climate Ambition: The level of emissions permitted by the German CPA is too high. We can no longer afford excessive emissions in light of the 1.5°C limit, which the European Court of Human Rights has confirmed. Thus, the German Climate Protection Act (CPA) does not adequately regard and protect human and constitutional rights. This needs to change.
Ineffective Governance Mechanism: The recent amendment to the CPA is unconstitutional. It violates fundamental rights in the context of the climate crisis that have already been recognised by the German Constitutional Court. Even though the targets set in 2021 (65% reduction by 2030 and greenhouse gas neutrality by 2045) are not changed with the amendment, the underlying governance mechanism is substantially weakened. According to calculations by the German Advisory Council on the Environment, the budget for Germany’s fair share to limit global warming to 1,75 degrees with a probability of 67% would be exhausted by 2037 with the permitted emissions according to the CPA. Without an effective mechanism, excess emissions beyond the permitted ones will go unaccounted for, leading to higher overall emission levels.
Immediate Measures needed: The CPA sets Germany on a path where significant future restrictions on freedoms may be necessary to adhere to the Paris Agreement's budget and mitigate the impacts of the climate crisis. Although the restrictions will occur in the future, today's law can be deemed unconstitutional because the cause is set now. If the transport sector is not transformed to meet the climate targets, these restrictions will disproportionately impact lower-income individuals in rural areas. Despite Section 1 of the CPA mandating socially equitable climate protection, the insufficient measures in the transport and building sectors place the low-income population at a disadvantage. Individualy with very limited budgets, such as those who can only afford used cars, will hardly be able to adapt without additional support.

What is the further process for the constitutional complaint?

In Germany, people can file constitutional complaints with the Federal Constitutional Court if newly passed or amended laws violate fundamental rights. Additionally, they may file lawsuits if the government and the parliament violate fundamental rights by failing to enact laws or by adopting ineffective laws in specific areas. After submission, the complaint undergoes a preliminary review. The Court can now reject the complaint, meaning it will not proceed to a decision. In this case, the decision may still be useful later if the Court provides a reason for the rejection.

If the complaint passes the Court’s preliminary review, the federal government and parliament will be asked to provide statements. The Court may also solicit input from other stakeholders, such as social organizations or labor unions. This phase is typically followed by a court hearing where the involved parties, and occasionally appointed experts, present their arguments.

Finally, the constitutional judges deliver their ruling: either they (partially) dismiss the constitutional complaint, and/or they declare the law (partially) unconstitutional and oblige the federal government and the parliament to enact new constitutionally compliant provisions within a designated timeframe.

Who is filing the complaint?

Germanwatch and Greenpeace are filing the complaint as environmental organisations along with 54.584 individuals. Residents of Germany had the opportunity to participate in the constitutional complaint between June and August by signing a power of attorney. More than 54.000 people have joined the case. Some of them were already plaintiffs in the last constitutional complaint in 2021, such as Lüke Recktenwald from the North Sea island Langeoog.

Who is the constitutional complaint directed at?

We are filing a constitutional complaint against the Federal Republic of Germany, represented by the federal government and the parliament. The complaint challenges the Climate Protection Act and its insufficient climate targets as well as ineffective governance mechanism. We argue that Germany is likely to exceed its constitutionally mandated and legally required emission budget, particularly due to inaction in the transport sector.

Who is funding this legal intervention?

The lawsuit is financed by Greenpeace and Germanwatch with support from the Sick Umweltstiftung. Climate litigation at Germanwatch is funded through donations. Individual contributions may be specifically designated to fund climate litigation. Thank you to everyone supporting us!

Are there any other ways to support Germanwatch with the constitutional complaint?

We would appreciate if you could tell your friends about the complaint and encourage them to spread the word or consider a donation.

Are there any other ongoing constitutional complaints?

There are currently two more constitutional complaints: one brought by Deutsche Umwelthilfe together with young people and adults, another by the BUND with Solarenergie-Förderverein (SFV, an association promoting solar energy) and individual claimants from various parts of society. A variety of complaints enables the Constitutional Court to consider a broader spectrum of legal arguments.

How can an efficient procedure be ensured given the large number of claimants?

The inadequate climate policies of the German government and parliament violate the fundamental rights of all people living in Germany. Therefore, Greenpeace and Germanwatch wants to give all people the opportunity to defend their rights before the court. To ensure efficiency, we have reached out to the Court’s administration. The Court will switch to digital data administration on 1 August 2024. The complaint and the list of plaintiffs will be submitted online via the Court’s digital mailbox rather than in form of printed documents. Unlike previous cases where the administration received thousands of individual letters, our complaint will be streamlined, making the administrative workload more manageable. Although the Court will need time to review the constitutional complaint, this does not pertain to the individual grounds of the complainants, as the provided powers of attorney are based on previously confirmed Court decisions.