Germany has failed to meet its legally mandated climate targets for several years in a row. German federal governments have repeatedly violated the Climate Protection Act, submitted inadequate climate action programmes and failed to meet deadlines. On behalf of Klima-Allianz Deutschland, IKEM has conducted a study presenting strategies to improve the governance of the Federal Climate Protection Act.
“The Federal Climate Protection Act was a milestone for embedding climate protection in German law. Nevertheless, there are shortcomings: The level of ambition has already been corrected by a ruling of the Federal Constitutional Court. However, the handling of missed targets and breaches of obligations is still insufficiently regulated. With the upcoming amendment of the law, the German government should urgently take action to address this weakness of national climate protection. Our study provides a comprehensive catalogue of measures that we have analysed with regard to its legal admissibility and feasibility,” explains Dr. Michael Kalis, author of the study and head of the IKEM Research Academy.
Among others, the study recommends the following measures:
- Strengthening the Council of Experts on Climate Issues, e.g. through consultation obligations or a right to propose measures.
- Introduction of a further supervisory authority at the Federal Constitutional Court, including the possibility of an appeal by associations.
- Creation of a climate protection coordination office based in the Federal Chancellery.
- Definition of clear legal consequences for readjustment in the case of missed targets and breach of duty by the federal government.