Climate lawsuit before the constitutional court: Federal Government under criticism!

Climate lawsuit before the constitutional court: Federal Government under criticism!

Deutschland - On June 28, 2025, the climate policy of the new German federal government is reorganizing. The expert council for climate issues (ERK) certifies the government "no significant positive impulse" to achieve the climate goals. In this context, the Solarenergie Förderverein Germany (SFV) and the BUND for the Environment and Nature Conservation Germany (BUND) support a climate lawsuit to the Federal Constitutional Court, which delivers extensive new arguments. The complementary brief analyzes an expert opinion of the ERK and criticizes the inadequate reaction of the black and red coalition to the climate crisis.

BUND chairman Olaf Bandt vividly speaks about the insufficient measures of the federal government. He notes that the government does not plan enough steps to achieve the climate goals, which is particularly worrying, since important levers in the Climate Protection Act (KSG) have been deleted. These changes give the government from the obligation to take measures in targeting in certain sectors.

constitutional complaint and its background

BUND and SFV submitted a complaint to the Federal Constitutional Court in which they argue that the new regulations of the Climate Protection Act do not meet the requirements of the Federal Constitutional Court from 2021 and are therefore unconstitutional. On April 26, 2024, the German Bundestag approved the guting of the Climate Protection Act, which the lawsuit also fueled. In particular, the plaintiffs draw attention to the disregard for the fundamental obligations that the federal government has in relation to compliance with the Paris climate protection agreement.

In addition, it is pointed out that twelve young people together with the authors submitted the constitutional complaint that fought for a decision by the Federal Constitutional Court in 2021. Their commitment illustrates the urgent wish of the young generation that the government fulfills its duties.

Current measures and critical votes

The German Environmental Aid (DUH) initiated the lawsuit, supports it financially and is active as a complainant. She criticizes that the German climate goals are not ambitious enough and the measures are not sufficient to achieve these goals. The DUH also looks at a number of other climate complaints that she has submitted against the federal government and at the state level.

A legal opinion by Prof. Felix Ekardt is expected in the second half of July to further analyze the importance of rapid climate neutrality. The Supreme Court has also exposed a legal dispute on the Federal Government's obligations from the Climate Protection Act to wait for the judgment of the Federal Constitutional Court.

social relevance

The different complaints reflect the growing concern in society. Despite mass demonstrations and the Fridays-for-Future movement, it is impressive that there are still inadequate progress in climate policy. Climate change already has measurable effects, which can be observed in the form of heat waves, air pollution, extreme weather events and freshwater deficiency, which endangers the livelihoods of many people.