Because the Bavarian government refuses to judge, despite the court, Diesel-driving bans to be arranged, the European court of justice with the question: Should politicians be Forced detained?
The German environmental aid (DUH) demands that the Prime Minister of Bavaria, Markus Söder, and high-ranking officials not to be taken in forced detention, because they comply with an environmental protection judgment. After a DUH-action brought by the Munich administrative court had determined in 2012 that Bayern must draw up a clean air plan. In particular, most polluted roads, even driving bans for Diesel cars should apply. The implementation of the judgment rejects Bayern.
The Bavarian state government had to pay after that, although penalty payments in the amount of 10,000 euros. However, the principle of a monetary penalty is reaching its limit, because the total for the state is negligible – and he makes the payments beyond that anyway in yourself. Now, the European court of justice verifies whether a compulsively against high-level politicians is to be applied. The verdict is expected in a few months.
Deutsche Welle: How can it be that the policy ignored the final judgments?
Michael Zschiesche: Normally it is in Germany, so that the appropriate administrative units to implement the decisions of the courts, after a court judgment. This is the meaning and purpose of the rule of law and our entire legal system.
But in the case of Munich, this was not enough obviously. Also, the arrangement of periodic penalty payments has led to nothing. And now the German environmental aid looks to be the only way to go one step, which is being pursued in Germany is relatively rare. This shows that there is something out of whack.
Expert for environmental law: Dr. Michael Zschiesche
Now the European court of justice (ECJ) checks whether a forced imprisonment of responsible officials is permitted. What decision will be taken by the court in your opinion?
That is just speculation. I think that the ECJ has always interest European environmental law is also to effectively enforce. In this respect, he can only have interest in that also in Germany this law is followed. Whether this is formulated in the decision, according to sharp, or with an abstract scheme for the enforcement of this EU Right, because I don’t want to speculate.
The environmental groups complain, in other countries such as the Netherlands or the UK. The cry for clean air, clean water, the values for compliance against power plants and achieve legal success. The protection of the environment with the help of the Judge, is this a new Trend in the environmental movement?
I see it as an extension of the action spectrum. The appeal played traditionally not a big role. However, in the last five to eight years, this to take; also, for example, in Eastern Europe, such as in the Czech Republic. All of this shows the maturity and the growing strength of environmental associations.
Now affected people complaints together with Greenpeace, are even against the Federal government. Your accusation that Germany is not doing enough against climate change. In October, the administrative court in Berlin will hear about this lawsuit. How do you rate this procedure?
In addition to the traditional methods, there are now procedures that are going to act legally check. This is actually something New.
And, specifically, the adoption of this lawsuit shows that here is a wrong situation is when a government failed, over several decades, appropriate measures given the challenges that the science keeps us always before his eyes.
More: German climate action: last instance for the protection of the climate?
There are also, and increasingly, lawsuits against corporations. You will be liable for the damage that they cause. How do you assess these claims?
These claims are there in the first place in the USA and not in Germany. Are the lawsuits against the big corporations. This is quite specifically against sources of environmental pollution, and primarily against companies in the Oil industry.
You observe the various legal disputes. What is this cause in society?
Is it too early for a consistent judgment. Things are here brought to the language, which are highly controversial, the people moving and on the road driving. In a civilized Form of confrontation before the courts and is very important. Accordingly, the legitimacy of court decisions.
Dr. Michael Zschiesche is speaker of the management Board and the managing Board of the Independent Institute for environmental issues (UfU). His specialist subjects are environmental law and participation.
The Interview was conducted by Gero Rueter.
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