The Intergenerational Equity Dimension of the “Green Deal” Emphasised by the Order of the German Federal Constitutional Court of March 24, 2021
- ORCID: https://orcid.org/
- Year of publication: 2021
- Source: Show
- Pages: 201-210
- DOI Address: https://doi.org/10.15804/ppk.2021.06.16
- PDF: ppk/64/ppk6416.pdf
On March 24, 2021, the First Senate of The German Federal Constitutional Court issued that part of the Federal Climate Change Act of December 12, 2019 (Federal Law Gazette I, p. 2513) must be deemed contrary to Basic Law. The fundamental reason underlying his conclusion was the failure of the federal legislator and the Federal Government to take suitable and prospectively sufficient measures to decrease greenhouse gasses (predominantly CO2) emissions. The Tribunal interpreted Art. 20a of the Basic Law, in conformity with the principle of intergenerational equity. By anchoring his reasoning in that concept, the Tribunal turned into an unclear and controversial path. It may serve to enhance radical political changes. However, on the other hand, it may also undermine the green change.