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The ‘Advance Interference-Like Effect’ of Climate Targets: Fundamental Rights, Intergenerational Equity and the German Federal Constitutional Court

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  • Petra Minnerop

Abstract

Some climate lawsuits qualify as landmark cases, because they either mark an unexpected turning point in environmental jurisprudence, or they introduce a new conceptual analysis of the law vis-à-vis the global challenge of climate change. The decision of the German Federal Constitutional Court from March 2021 meets both criteria, it has already defined climate policy and law-making in Germany, and it revolutionised the traditional concept of ‘interference’ with fundamental rights under the German Basic Law. This article examines the order and its significance for climate litigation, legislation and constitutional doctrine, and it analyses how international law defines the state’s objective to protect the climate pursuant to Article 20a Basic Law, including for future generations. On that basis, the article argues that the Court's approach towards intergenerational equity remains limited due to the perception of the carbon budget as ‘freedom budget’.

Suggested Citation

  • Petra Minnerop, 2022. "The ‘Advance Interference-Like Effect’ of Climate Targets: Fundamental Rights, Intergenerational Equity and the German Federal Constitutional Court," Journal of Environmental Law, Oxford University Press, vol. 34(1), pages 135-162.
    • Handle: RePEc:oup:envlaw:v:34:y:2022:i:1:p:135-162.
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    File URL: http://hdl.handle.net/10.1093/jel/eqab041
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    Cited by:

    1. Friederike E. L. Otto & Petra Minnerop & Emmanuel Raju & Luke J. Harrington & Rupert F. Stuart‐Smith & Emily Boyd & Rachel James & Richard Jones & Kristian C. Lauta, 2022. "Causality and the fate of climate litigation: The role of the social superstructure narrative," Global Policy, London School of Economics and Political Science, vol. 13(5), pages 736-750, November.
    2. Láncos Petra Lea, 2023. "The Possible Impact of Urgenda and the Klimabeschluss on Climate Litigation on the Example of the Petition Pending Before the Hungarian Constitutional Court," Wroclaw Review of Law, Administration & Economics, Sciendo, vol. 13(1), pages 56-78.

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