This constitutional complaint was brought by three young people against the German State (“Bundesland”) of Sachsen-Anhalt in the wake of the Neubauer v. Germany judgment of the German Bundesverfassungsgericht. They contest the State’s failure to chart a course towards greenhouse gas emissions reductions by adopting legislation on climate protection. The state abandoned efforts to adopt such a law after an initiative in this regard failed in 2013, relying on the Paris Agreement and the German Constitution. Like in the related case of Lemme et al. v. Bavaria, the plaintiffs here argue that the Bundesländer share responsibility for protecting their lives and civil liberties, along with those of future generations, within their respective spheres of competence. According to the plaintiffs, the lack of legislation on climate action on the state level violates the German Constitution and the reductions regime under the Paris Agreement. They also submit that they have a fundamental right to defend themselvse against future rights impacts caused by the lack of climate measures.
The applicants invoked violations of freedoms guaranteed under the domestic Constitution, especially those in Art. 2(2) of the German Constitution (right to life and physical integrity and freedom of the person), in combination with Article 20a of the Constitution (protection of the natural foundations of life and of animals). They invoked these rights in their ‘intertemporal dimension’, i.e. taking on the framing of the Neubauer case, which considered that failure to act now on climate change means excessively impacting future freedoms.
German Bundesverfassungsgericht, Luca Salis et al. v. Sachsen-Anhalt, constitutional complaint submitted on 9 September 2021.
For more on the two complaints brought in the related Lemme case, see below.