Neubauer Case: Climate Protection Act

A German law passed in 2019 aiming to achieve carbon neutrality by 2050. It set targets for CO₂ reduction in various sectors but lacked detailed plans for long-term measures.

The German equivalent of the US Constitution, outlining fundamental rights and duties.

The principle that future generations should not be unduly burdened by environmental damage caused by current generations.

A 2015 agreement to limit global warming to well below 2°C, ideally 1.5°C, compared to pre-industrial levels.

A series of youth activists, including Luisa Neubauer, who challenged the German government's climate policies.

The German Federal Constitutional Court ruled that climate protection is a constitutional duty of the state, and that the Climate Protection Act didn't do enough to safeguard future generations.

The court acknowledged the state’s duty to protect citizens from harm caused by environmental degradation, including climate change. This aligns with the right to life and physical integrity.

The constitutional rights enshrined in the Basic Law, particularly Article 2 (right to life and physical integrity) and Article 14 (right to property), are connected to environmental protection and impact future generations.

The German Federal Constitutional Court ruled that Germany's Climate Protection Act (KSG) is unconstitutional for failing to effectively address climate change and for disproportionately burdening future generations.

The court criticized the KSG for delaying significant emission reductions beyond 2030, which would leave younger generations with more stringent measures to overcome in the future.

The court found that the KSG's lack of specific climate actions after 2030 violates the constitutional requirement for clarity and predictability in law.

The court stated that the KSG failed to fairly balance current and future climate change mitigation efforts, violating fundamental rights.

The Neubauer case mandated German lawmakers to create more specific and stringent climate reduction goals for the period after 2030.

The Neubauer case affirmed that climate change is a constitutional issue and that environmental protection is linked to fundamental rights and intergenerational equity.

The Neubauer case inspired similar climate-related legal challenges around the world, reinforcing the idea that governments must act decisively on climate issues to protect human rights.

The Neubauer case highlighted the importance of courts in holding governments accountable for climate action and ensuring intergenerational fairness.