Otis Hoffman, et al. v. State of Mecklenburg-Vorpommern
Jurisdiction: Federal Constitutional Court
Principle law(s): Federal Climate Protection Act and to change further regulations ("Bundesklimaschutzgesetz” or “KSG")
Side A: Otis Hoffman, Camille Marie Damm, Hannes Damm, and two children (Individual)
Side B: State of Mecklenburg-Vorpommern (Government)
Consistent with the German TKTK court’s decision in (Neubauer v. Germany), the German national government has adjusted its climate goals. Plaintiffs argue that codification is also required at the state level, as states bear the co-responsibility for protecting lives and civil liberties, including safeguarding the natural foundations of life for future generations, within their own sphere of competence. The lack of legislation at the state level is unconstitutional given that the state has failed to protect citizens against climate change. The plaintiffs argue they have a fundamental right to defend themselves against the considerable future restrictions of freedom which – in view of rapidly progressing climate change – are to be seen as inevitable and already inherent in the omitted action of the legislature of the State of of Mecklenburg-Vorpommern.
Related laws and policies
Federal Climate Protection Act and to change further regulations ("Bundesklimaschutzgesetz” or “KSG")
The purpose of this law is to ensure that national climate protection targets are met and European targets are met. It is also intended to support Germany's commitment at the UN climate summit in New York on September 23, 2019 to pursue greenhouse gas neutrality as a long-term goal by 2050. It wa...