Climate Change: Majority Possible for Basic Law Amendment on Adaptation

Germany is considering a significant constitutional change to address the climate crisis, with a potential majority in the Bundestag forming to enshrine climate adaptation as a joint task between federal and state governments. This move, championed by the SPD, requires the backing of their coalition partners, the CDU and CSU, to achieve the necessary two-thirds majority for amending the Basic Law.

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Abstract discussions about a constitutional amendment.

The Green Party and the Left Party have expressed readiness to support such a constitutional amendment. However, the Chancellery has voiced reservations. State Minister Philipp Amthor of the CDU argued against "abstract discussions about a constitutional amendment," suggesting instead a focus on "optimal utilization of existing action possibilities." The SPD's proposal envisions a new "joint task of climate adaptation and nature conservation" within the Basic Law, aiming for a "nationwide effort that sets priorities, bundles resources, intensifies coordination, and enables rapid action."

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It requires a constitutional amendment, and back then the CDU would have been needed from the opposition, and they were not prepared to participate.

Amending the Basic Law requires a two-thirds majority in both the Bundestag and the Bundesrat. The current governing coalition would need support from the Greens and the Left Party to avoid relying on the AfD. Currently, heat protection primarily falls under the responsibility of states and municipalities. Establishing it as a joint task would allow for greater federal involvement.

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The SPD is bringing up a demand that they know the Union will reject.

Green Party leader Katharina Dröge noted her party has long advocated for this, stating that the CDU's past refusal from opposition was a hurdle. Green Party chair Felix Banaszak suggested the SPD is raising a demand the Union will likely reject. Left Party leader Ines Schwerdtner urged the Union and SPD to reach an internal agreement first, but also stressed that legislative action could address many issues now, such as increased funding for municipal heat protection through a higher share of sales tax revenue.

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We are open to improvements in the Basic Law. But we can already regulate a lot through ordinary law.