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Nationale Klimaschutzgesetzgebung und kommunaler Klimaschutz zwischen „Kür” und „Pflicht” journal article

Lena Kohlrausch

Zeitschrift für Europäisches Umwelt- und Planungsrecht, Volume 19 (2021), Issue 1, Page 95 - 104

Increasingly upcoming natural disasters like floods or hurricanes are the result of climate warming. Therefore, climate protection has become a major goal and a complex task as well, due to its wide range of influencing factors including its global dimension. In the last decades much effort has been invested by setting up international contracts. On the German national level, climate protection has generated legislation showing a strong tendency from voluntary goals to legally binding obligations on the level of federal states and the federal government. The implementation at the municipal level lies mostly in the competence of the federal states. Setting up tasks to the municipalities by the federal government in this context is blocked by Article 84 section 1 sentence 7 of the German Constitution. The climate protection laws of the federal states diverge significantly in addressing the local authorities. Both, the federal states and the federal government create an encouragement through funding programmes for municipal climate protection concepts and investment measures. Despite the urgency of success in climate protection, a desirable obligation for measures at the municipal level has not yet been established.

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