Skip to content

Der KSG-Beschluss des BVerfG: Freiheit oder Gleichheit?

Wilfried Erbguth

The Federal Constitutional Court's KSG decision has rightly caused a stir, not only in the politically affected area, but also in legal sciences. On closer examination, however, doubts arise as to the persuasiveness of the intertemporal safeguarding of freedom pursued by the Court, especially the associated fixation on civil liberties. Since the issue in question was and is the distribution of a severely limited residual budget of greenhouse gas emissions in a limited period of time, it would have been more appropriate, because of the implied interrelatedness of the fundamental rights positions to be safeguarded under Article 2 (1) of the Basic Law („Grundgesetz“) inter alia, on the one hand, and Article 2 (2) sentence 1 of the Basic Law, on the other hand, to focus solely on the principle of equality under Article 3 (1) of the Basic Law - and within this framework to carry out an overall consideration of those fundamental rights positions and other related interests.

Verf. war bis 2014 Hochschullehrer an der Universität Rostock, Juristische Fakultät. Abschluss des Manuskripts: Mai 2022.


Lx-Number Search

(e.g. A | 000123 | 01)

Export Citation