The Federal Constitutional Court is practically all-competent. It can also save the world. The Karlsruhe judges are now trying to do this by fortunately not proving environmental associations right, but have even given hope to minors from Bangladesh and Nepal: The Climate Protection Act is incompatible with the Basic Law insofar as measures for further greenhouse gas reductions from the year 2031 are missing. Karlsruhe sees almost all areas of life threatened drastically in the future. Undoubtedly: if you have the water up to your neck, there is not much left.
The decision is quite on the Karlsruhe line, not only to take the (constitutional)legislator at his word, but also to take him by the hand. But you can also overdo it. The Constitution does not directly impose a specific obligation to reduce greenhouse gas emissions. Climate protection is not directly mentioned either; rather, the state protects “also in responsibility for future generations the natural basis of life and the animals”. On this basis, the legislator has remained far from inactive. The image of the Federal Constitutional Court as the saviour of the weak around the world does not fit, especially when it comes to climate protection. It has a strong lobby, is an important part of (international) politics and legislation. Climate protection not only governs the streets. Greene and Greta send their greetings.
If the legislator is to regulate all essential things, then he can also determine the reduction of emissions more closely himself. The Karlsruhe court, on the other hand, threatens to take over if it wants to regulate complex future processes. The Federal Constitutional Court, which fears a loss of significance in the European Union, takes a look at the world that is to recover from the German fundamental rights system.
