| February 2026

Emergency loans to tackle the climate crisis? A comment on the ruling of the Bremen Constitutional Court of 23 October 2025 (Ref. St 3/24)

In: KlimR 02/2026, S. 51.
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Abstract

This article takes an in-depth look at the ruling of the Bremen Constitutional Court of 23 October 2025 (Ref. St 3/24), in which the climate crisis was recognised for the first time by a (state) constitutional court as an exceptional emergency situation (Art. 131a (3) sentence 1 BremVerf). It shows that, although this appears to be dogmatically justifiable, credit-financed transformation is subject to fairly narrow limits due to the considerable burden of proof. In the long term, the Bremen Constitutional Court implicitly states that overcoming the climate crisis remains primarily the responsibility of the tax-funded state.

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Klima und Recht

The first specialist journal on all legal aspects of climate law

Further information

Suggested citation:
Ojak, Sven: Emergency loans to tackle the climate crisis? A comment on the ruling of the Bremen Constitutional Court of 23 October 2025 (Ref. St 3/24). In: KlimR 02/2026, S. 51. 2026.
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