The Building Modernization Act (GModG), proposed by the coalition government of CDU/CSU and SPD, faces potential legal challenges regarding its constitutionality. A report from the Bundestag’s Scientific Service, which was recently covered by “Der Spiegel”, warns that passing the law could lead to significant difficulties.
The experts caution that the law’s ability to survive a legal challenge before the Federal Constitutional Court is “rather doubtful.” This presents a difficult situation for Federal Minister for Economic Affairs and Energy, Katherina Reiche (CDU), as the GModG is one of the Union’s most crucial legislative priorities for the current term, intended to replace the “Heating Act” introduced by her predecessor, Robert Habeck (Greens), and fulfill a central campaign pledge.
According to the specialists, the GModG could actually result in increased greenhouse gas emissions, which is the core reason experts believe it could fail in court. This relates directly to a 2021 ruling by the Karlsruhe judges, who determined that the burdens placed on younger generations through the reduction of gas emissions cannot be excessive. However, the Scientific Service’s report suggests it is “logical” that the new act shifts climate protection burdens “disproportionately” onto the future, a move that is “hard to justify” under constitutional law.
In a separate analysis, the experts also highlight that the GModG might conflict with European Union law. They express concerns that the federal government may not properly implement EU law, specifically the requirement to phase out fossil fuels from heating by 2040. The GModG, however, allows German citizens to continue operating new gas and oil heating systems using up to 40 percent fossil gas at that time. When asked by “Spiegel” on how this contradiction intended to be resolved, the Ministry for Economic Affairs offered no answer.
