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Cosima Rade, et al. v. Baden-Württemberg (BaWü) - order

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Cosima Rade, et al. v. Baden-Württemberg (BaWü) - petition

Filing Year For Action

On December 6, 2021, the youth and young adult plaintiffs Cosima Rade, Hauke Engels, Jonathan Heckert, Judith Scheytt and An Janna Mahendrarajah, supported by environmental organization Deutsche Umwelthilfe (DUH; Environmental Action Germany), brought a constitutional claim against the state of Baden-Württemberg (BaWü) for the inadequacy of its adopted and amended climate law. The plaintiffs relied on the German Constitution (Basic Law) to call on the state legislature to set a GHG emissions reduction pathway, to comply with the remaining CO2 budget and adopt sufficient instruments to achieve and verify the climate protection targets set by the Paris Agreement.

The 2013 BaWü Climate Protection Act was amended on October 11, 2021, replacing GHG reductions of 90% by 2050, with climate neutrality by 2040 and emissions reductions of 65% by 2030. However, plaintiffs argued that the BaWü Protection Act failed to lay down a sufficiently clear and binding legal framework for the implementation of the strategy and goals. Thereby, much of the implementation was left to the executive, which according to plaintiffs, may be guided by political interests. Moreover, plaintiffs highlighted the lack of measurable, intermittent goals.  

The plaintiffs relied on the Constitutional Court’s decision in (<a href="https://climatecasechart.com/non-us-case/neubauer-et-al-v-germany/">Neubauer v. Germany</a>), following which Germany adjusted its climate goals at the federal level. Plaintiffs argued that codification of a constitutional and legally binding reduction path is also required at the state level, as states bear co-responsibility for protecting lives and civil liberties, including safeguarding the natural foundations of life for future generations, within their own sphere of competence. Plaintiffs argued that the BaWü law falls short of these constitutional requirements. Plaintiffs asserted a violation by the state of its duty to protect and invoked their constitutional rights, to defend themselves against considerable future restrictions on their freedoms which – in view of rapidly progressing climate change – are to be considered inevitable and are already reflected in the insufficient action by the BaWü legislature.

On January 18, 2022, the First Senate of the Federal Constitutional Court did not admit the eleven complaints for adjudication, on the basis of a lack of adequate prospects. Widely in alignment with its decision in <a href="https://climatecasechart.com/non-us-case/neubauer-et-al-v-germany/">Neubauer v. Germany</a>, the Court acknowledged that greenhouse gas reduction burdens cannot be unilaterally offloaded onto the future. However, in the cases at hand, complainants’ fundamental rights were not violated preemptively, because the state legislatures are not subject to a CO2 emissions budget, which (according to the Court in Neubauer v. Germany) is a prerequisite for such an effect. Rather it is the federal German legislature that is bound by the CO2 budget, but has a prerogative with respect to its implementation. As regards the federal states, the Court clarified that they too are responsible for climate protection, in particular by virtue of Article 20a of the Basic Law.  

Cosima Rade, et al. v. Baden-Württemberg (BaWü)

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

A long-lived, colourless gas, chiefly emitted from fossil fuel combustion, deforestation and cement production.

Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

woman and genders outside of the gender binary

The release of heat-trapping gases, primarily from human activities such as burning fossil fuels, agriculture and industry.

Cosima Rade, et al. v. Baden-Württemberg (BaWü) - order

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Greenhouse gas