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Protection of the Environment Constitutional Judge Arrears Referendum on Land Use
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Green politician Ludwig Hartmann (right) protests in front of the Justizpalast in Munich against the verdict [19659009] Source: dpa] The court declared inadmissible a referendum on land use for formal reasons. Ecologists and environmentalists are always combative: the fight for a maximum limit of the sealing of surfaces continues.
I n Bavaria, there will be no restrictions on sealing greenspace in the foreseeable future. The Bavarian Constitutional Court said on Tuesday that the referendum on "conservation of Bavaria – so that Bayern stays home" for reasons of nature protection is inadmissible for formal reasons.
This means that the candidates in the bill underlying the referendum, concrete guidelines for the implementation of an upper limit for land use remained. This would unduly limit the sovereignty of municipal planning, the judges said. (PDF) The possible criteria could be the number of inhabitants or their evolution, their demographic composition or even the existing open spaces.
Küspert pointed out that the definition of criteria has different consequences for municipalities and that a law should also take into account cases of distress. Notwithstanding the rejection of the application, setting up a ceiling for land use is not usually impossible, according to Küspert. However, he stressed that it was doubtful "if voters in a referendum on the bill monitor all its effects and could estimate the main advantages and disadvantages."
Rinderspacher: The green thing did not favor
Critics of the referendum, including the CSU, free voters, the SPD and the Bavarian Municipal Assembly, were relieved. "The Greens of the Alliance have made their ineffective bill the most important in the fight against land consumption," said SPD House Leader Markus Rinderspacher. The CSU announced that it would continue its efforts to save land, but rely on voluntary actions of municipalities.
For the initiators of the referendum, including the Greens, ÖDP, the Working Group on Agriculture, the Federation of Bird Protection and the Federal Government Conservation in Bavaria, the decision of the court three months before the State elections is a bitter setback. Nevertheless, the representative of the alliance of action and leader of the Greens in the Bavarian parliament, Ludwig Hartmann, continued to fight: "The door for a maximum limit has not been completely reached." Finally, only one lane was blocked.
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