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Individuals v. Germany - decision

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In December 2022, the German Constitutional Court dismissed a complaint by two individuals against the German legislature for failing to standardise legal pathways to reduce greenhouse gas emissions, in particular by introducing a speed limit on Germany highways. The individuals submitted that German law required these pathways to ensure a timely, transparent and fair distribution of the burdens associated with the reduction of greenhouse gases to ensure the protection of future rights and freedoms – as required by Article 20a of the Constitution.  

The individuals submitted that the measures taken to reduce CO2 emissions in the transport sector were insufficient to meet the emission levels required by the Climate Protection Act by 2030. The complaint was dismissed as inadmissible. The Court held that the complainants did not sufficiently substantiate their claim, failing to show that there would be considerable restrictions on fundamental freedoms by the end of the decade, because the allowable emissions for the transport sector were being used up too quickly. The Court also held that it was not evidenced why further emissions reductions had to be achieved through the means of a speed limit.


Individuals v. Germany

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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.

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

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.

woman and genders outside of the gender binary

Individuals v. Germany - decision

Policy instrument

Impacted group

Greenhouse gas

Economic sector