Pressure is mounting for a swift reform of association lawsuits to expedite the allocation of funds from special asset pools. André Berghegger, Managing Director of the German Association of Cities and Municipalities (DStGB), voiced concerns that the current system frequently allows associations to broadly obstruct infrastructure projects. In an interview with the “Neue Osnabrücker Zeitung” (NOZ), Berghegger suggested restricting associations’ ability to challenge projects to instances where they are directly impacted or were inadequately involved in the permitting process.
The reform aligns with a commitment made by the governing coalition – consisting of the Christian Democratic Union (CDU) and Social Democratic Party (SPD) – to tighten association lawsuits before administrative courts, focusing on demonstrable impact and seeking international alignment in reducing their scope. While specific preparations within the office of Justice Minister Stefanie Hubig (SPD) have yet to be publicly detailed, the DStGB is urging swift action.
The impetus for reform is linked to the €100 billion earmarked for Länder (states) and municipalities through the Infrastructure Special Asset pool. The DStGB anticipates that a streamlined legal process could significantly accelerate economic revitalization. Secure, long-term financial commitments and guaranteed contracts are crucial, Berghegger explained, allowing local authorities and regional economies to develop the necessary planning and implementation capacities.
Beyond reforming association lawsuits, Berghegger highlighted another avenue for improvement aimed at mitigating protracted legal battles. Currently, plaintiffs can escalate cases to higher courts even after initial permits are granted, presenting new arguments. The DStGB proposes establishing a final instance of review, guaranteeing legal certainty and enabling the commencement of construction projects. The objective is to safeguard the rule of law while preventing legal proceedings from extending over years or decades.
