Gossip from Karlsruhe: Constitutional judges stop heating law

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The second and third readings in the Bundestag scheduled for Friday morning should not take place in the current session week, the highest German court in Karlsruhe announced on Wednesday. It raised doubts whether the rights of MPs were adequately protected during deliberations. The procedure in the Bundestag was hastily organized by the traffic light coalition of SPD, Greens and FDP. Anyone who, as a tenant or house and apartment owner, expected great clarity after months of coalition disputes, now has to be patient.

There are now two options for the further procedure: either the Bundestag meets for a special session during the summer break, which actually starts after this Friday – or the decision is postponed until September, when the Bundestag meets regularly again.

For the traffic light, the clearly expressed concerns of the judges are a political setback, opposition representatives spoke of a “slap in the face”. FDP politicians, whose party supported the compromise, initially blamed the Greens. They, in turn, stated through party leader Katharina Dröge that they respected the verdict and “decided quickly at the traffic lights about the new date for the final meeting”.

In essence, the Building Energy Act (GEG) stipulates that in the future only heating installations that can run on at least 65 percent renewable energy sources may be installed. Up to 70 percent of the costs of the switch should be financed from taxes – but there is not yet a precise concept.

The CDU member of the Bundestag, Thomas Heilmann, had requested an interim measure to prevent the Bundestag from finalizing the deliberation and vote on the law if the bill had not been submitted to the members of the Bundestag in writing at least 14 days in advance – which had not happened. the case. Heilmann wrote on Twitter: “This is a great success for our parliamentarism and in this particular case also for climate protection!” He told the German news agency: “This will certainly have consequences for parliamentarianism, which I cannot just spontaneously overlook.”

Heilmann had argued that his rights as an MP had been seriously violated by the legislative process. “The traffic light is ruining the heat transition with a last-minute legislative package and an unconstitutional process,” he accused the coalition. Due to the condensed deliberations on the amendment of the GEG in parliament, no conceptual weaknesses in the legislative package could be identified and amended.

The court has now declared that Heilmann’s main application in the organ dispute procedure does not appear a priori inadmissible or manifestly unfounded in view of his right to equal participation in parliamentary decision-making under Article 38 of the Constitution. “The deputies have not only voting rights in the German Bundestag, but also advisory rights.” Consequence consideration leads to the result “that the reasons for issuing an interim injunction outweigh the reasons”. The interest in preventing an irreversible violation of participation rights outweighs the interference with the procedural autonomy of the Bundestag, which only delays legislation. The decision was made in the Second Senate by a five-to-two vote.

The bill stipulates that from 2024, every newly installed heating system must run on at least 65 percent green energy. This is intended to promote the heat transition – as a contribution to achieving climate goals. Almost half of the approximately 41 million households currently heat with natural gas and another quarter with fuel oil. However, functioning oil and gas heating systems do not need to be replaced. In addition, defective heaters must be repairable. Environmental groups criticize the fact that gas stoves will be installed for years to come due to loopholes in the law.

According to the Climate Protection Act, Germany must reduce emissions of climate-damaging greenhouse gases by 65 percent by 2030 compared to 1990. According to the Federal Environmental Agency, the reduction is currently around 41 percent. Binding climate neutrality must be achieved by 2045.

Trade union faction leader Friedrich Merz assessed the Karlsruhe judgment as a “serious defeat for the federal government of (Chancellor) Olaf Scholz”. “The unspeakable dealings of the federal government with parliament and the public have now come to an end,” said the CDU chairman of the German news agency. “Olaf Scholz and his federal government would do well to use Karlsruhe’s judgment to pause for a moment. It cannot continue in the German Bundestag as before.” CSU Secretary General Martin Huber spoke of a “resounding slap in the face of the federal government” and called for “removal and complete rewriting of the heating bill”.

FDP Vice-President Wolfgang Kubicki called Karlsruhe’s urgent decision a “deserved recognition for the Greens, who inexplicably put pressure on this process,” as he told the Funke media group. FDP MP Frank Schäffler welcomed the decision: “Thoroughness trumps speed. It was wrong to fool the Greens here,” he wrote on Twitter. FDP faction leader Christian Dürr saw the court’s ruling as evidence of extensive amendments to the amendment – the FDP had pushed for this in the coalition. The decision , which must now be respected, underlines “that the building energy law has been turned upside down,” says Dürr.

SPD parliamentary deputy Matthias Miersch told the “Rheinische Post” (Thursday) that the decision was “of course to be respected”, but did not affect the substance of the law. “The court emphatically points to the possibility of a special hearing, which must now be discussed.”

For weeks, the traffic light partners had been arguing about the heat law of Minister of Economic Affairs Robert Habeck (Greens) and Minister of Construction Klara Geywitz (SPD). The FDP was particularly concerned. The cabinet first approved the bill. But even before the first reading in the Bundestag, the traffic light agreed on further amendments, which they set out in sometimes vaguely worded “guard rails” – a highly unusual procedure that led to an initial expert hearing on the original draft law, which was already being passed at the time. obsolete.

The coalition factions submitted amendments to the original bill to the Bundestag last Friday. The heating law should be passed in the Bundestag this Friday – before the parliamentary summer recess, which begins after July 7. The hearing in the Bundestag’s climate and energy committee on Monday marked the beginning of final deliberations. The committee prepares an opinion for the plenum.

The left-wing party chairman Dietmar Bartsch expressed doubts about the planned entry into force of the law. “January 1, 2024 will now hardly be tenable,” he told the Tagesspiegel (Thursday). He considers Karlsruhe’s decision as a “clear slap in the face of Robert Habeck”.

On the evening of the decision, the traffic light coalition could not agree on an initial joint response, SPD faction leader Rolf Mützenich announced a consultation with his colleagues from the Greens and FDP on how to proceed the following day. “We take note of the decision of the Federal Constitutional Court and will not take any further decision in the Bundestag this week,” Mützenich said. “About how to proceed and when the 2./3. Reading of the GEG will take place, the group chairmen will report at the traffic light on Thursday.”

(SDA)

Source: Blick