The German Federal Constitutional Court’s Climate-Decision and Consequences for Raw Materials Supply

The German Federal Constitutional Court considers the civil rights of the younger generations to be violated by the fact that the climate protection provided for by law to date is not sufficient to protect them from excessive climate burdens in the future. To put it simply: If those living today do not reduce greenhouse gas emissions sufficiently, the young will have to do so even more and will then be overburdened. The German Federal Constitutional Court’s climate decision thus offers a good opportunity for more effective climate protection in Germany, which must, however, be reconciled with the more ambitious EU targets set by the EU Climate Act. Here, Germany has to make a weighty, as required solidary contribution according to its strong economic power. This is the real challenge, which the German Federal Constitutional Court unfortunately did not take into account. Climate protection is not only international, but also European, as Section 4 (1) Sentence 5 of the Climate Protection Act shows. The Russia-Ukraine war shows that climate protection is also about securing raw materials. This must therefore be ensured efficiently through international efforts. This is the only way to achieve the energy transition. Climate protection must also be conceived on a global scale. This means that all circumstances that are indispensable for climate protection must be considered globally. This also applies to the necessary raw materials. The supply of these raw materials must be secured across national borders.