In 2023, the applicant filed a complaint with the Austrian Constitutional Court and alleged that Art 3 of the Federal Climate Protection Act (Klimaschutzgesetz) was unconstitutional for not ensuring Austria’s compliance with international and European greenhouse gas reduction obligations, thereby violating fundamental rights. 
The Federal Climate Protection Act was adopted in 2011 to implement emission reduction obligations under international and European Law. According to Art 3 para 1 of the Act, the maximum permissible GHG emissions shall be defined in the annexes to the Act and distributed among sectors. The annexes accordingly provide for maximum GHG emissions for 2008-2012 and 2013-2020; the Act does not stipulate any emission reduction targets after 2020. In addition, Art 3 para 2 Federal Climate Protection Act provides a (mere) negotiation obligation regarding measures that ensure compliance with maximum GHG emissions. Also, the Act does not contain a sanction mechanism. 

The applicant brought forward that Art 3 Federal Climate Protection Act leads to a shifting of the GHG reduction burden to the future and hinders compliance with international and European emission reduction obligations until 2030. To comply with international and European GHG reduction obligations, Austria would have to adopt drastic measures in the near future. These measures would infringe on fundamental rights as many areas of life and personal freedom are inextricably linked to the emission of greenhouse gases. The applicant accordingly asserted a violation of the right to property, the freedom of occupation, and the right to respect for private and family life. In addition, the applicant suggested that the challenged provision was disproportionate for not ensuring compliance with international and European law and, therefore, infringed on the right to equality before the law. 

On June 27, 2023, the Constitutional Court rejected the application. The Court held that it was not evident from the application which of the future measures mentioned by the applicant would interfere with which fundamental rights positions. Contrary to procedural provisions, the alleged unconstitutionality was not explained in detail. Hence, the application was inadmissible. 

In re Federal Climate Protection Act Austria

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In re Federal Climate Protection Act Austria - decision

Filed

Austria

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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.

Justice is the ethical and political framework that addresses fairness, including issues of responsibility, rights, and structural inequity.

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

Tradable permits are market-based tools that grant permission for specific activities, frequently used to regulate emissions. These permits can be issued within a trading system to manage environmental impacts.

Zoning and spatial planning are both methods for guiding the distribution of people and activities in a space, and are regulatory restriction.

A target to reduce the prevalence of a greenhouse gas over a specific time frame

Conditions that enhance the feasibility of adaptation options. Enabling conditions include finance, technological innovation, strengthening policy instruments, institutional capacity, multi-level governance and changes in human behaviour and lifestyles.

Actions or measures to adapt freshwater systems to climate change.

Actions or measures to adapt freshwater, coastal and marine systems to climate change.

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

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

The activities of industries that transforms raw materials into finished goods through industrial processes.

The activities of industries involved in the production, distribution, and sale of energy, including electricity, gas, and renewables.

This sector involves managing waste treatment, sanitation, pollution control and environmental cleanup.

This sector involves activities to move goods and people, alongside the storage of products.

Activities of government agencies and institutions that provide public services, enforce laws and manage public resources.

This sector includes firms and individuals offering specialised expertise in fields such as law, accounting, consulting, science and engineering.

Activities that involve the cultivation of crops and raising of livestock for food, fibre, and other products essential for human life and industry.

This sector involves the distribution, treatment, and conservation of water resources.

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.

In re Federal Climate Protection Act Austria - decision

Target

Policy instrument

Risk

Impacted group

Renewable energy

Greenhouse gas

Economic sector

Adaptation/resilience