Johannes Saurer, Niklas Jasper

Zeitschrift für Europäisches Umwelt- und Planungsrecht, Volume 20 (2022), Issue 3, Page 332 - 341

A key element of climate protection efforts in the transport sector is the shift of traffic flows from private motorized transport, but also from local public transport, to cycling. Cycling has considerable advantages in the greenhouse gas emissions balance without necessarily causing additional capacity loads for public transport systems. The following article shows the most important legal bases under German administrative law, which are relevant for the construction of cycle paths. First, the definition of the legal term "cycle track" and the administrative agreement between the federal and state governments are explained. The background of the exceptional regulation in the financial constitutional law is outlined. Then, the planning realization of cycle paths in the road construction responsibility of the federal states and the federal government is analyzed and systematized.

Björn Tänzer, Jens Hofmann, Winfried Porsch, Sabine Schlacke, Johannes Saurer, Lars Diederichsen, Cornelia Ziehm

Zeitschrift für Europäisches Umwelt- und Planungsrecht, Volume 17 (2019), Issue 1, Page 100 - 108

Johannes Saurer

Zeitschrift für Europäisches Umwelt- und Planungsrecht, Volume 16 (2018), Issue 2, Page 183 - 187

The article addresses the growing significance of climate change mitigation goals for planning processes, e.g. concerning the planning of infrastructure for transportation (roads, railroads, air transportation) and utilities. Particularly important is the requirement to assess the impact of projects on the global climate set out by the EIA-directive 2014/52/EU that was implemented in German law in 2017. Climate change mitigation goals are also relevant as substantial factors in the balancing process leading to the final decision upon approval of a particular infrastructure project.

Johannes Saurer

Zeitschrift für Europäisches Umwelt- und Planungsrecht, Volume 14 (2016), Issue 2, Page 78 - 89

The article addresses most recent developments in the legal strategies against implementation deficits in EU environmental law. Key issues include the shifting approach of the Commission towards the infringement procedure, the emergence of the EU pilot, the increased role of non-judicial complaints, the rise of administrative networks, control mechanisms related to EU citizenship and the intensified delineation of implementation controls at the Member State level through EU legislation.