The Constitutional Court of Germany did not allow the government to force the population to change the heating to “green”

Germany’s Federal Constitutional Court on July 5 blocked the government’s plan to force Germans to replace fossil fuel heaters with “clean” devices using renewable energy sources (RES). This was reported by the Associated Press (AP) on the night of July 5-6. For the ruling coalition of social democrats, the Greens and the liberals of the Free Democratic Party (FDP), this is a serious blow – the court decision deprives them of the chance to end the intra-governmental disputes over the climate policy plan that led to the coalition’s ratings drop.

The legal reason for blocking the government initiative was the observance of regulations, in particular the need to respect the rights of a deputy from the opposition conservative CDU/CSU bloc. According to the legislator, the attempt to push the bill through parliament in the last days before the summer holidays violates his rights, since in such a case it will not be possible to consider the initiative in detail. The court sided with the deputy from the CDU and forbade consideration of the bill on heating devices this week. According to AP, it was the debate over this bill that created the impression of disorder in the government among the population and led to a drop in the coalition’s rating.

The draft law itself provides that from January 1, 2024, each newly installed heating system must work 65% using energy from renewable energy sources. This includes exceptions, transitional periods (for example, for homeowners over 80), and incentive benefits. For the ruling coalition, the dispute over heating devices is very important, since in the past this issue has already become a cause of conflicts between partners. For example, in May 2023, the interests of the FDP and the Greens clashed. The Greens Economy Minister Robert Habek accused the FDP of not honoring its commitments and preventing lawmakers from discussing a plan to replace heating devices.

Nevertheless, the FDP alone is not to blame for the stalling of the bill. Significant obstacles to its adoption were created by the uncompromising policy of the Greens, who want to achieve carbon neutrality in Germany (zero carbon dioxide emissions into the atmosphere) by 2045. To achieve this goal, the Greens demanded that, from 2024, the installation of gas and oil furnaces. In this way, the Greens tried to overcome Germany’s dependence on fossil fuel imports. In 2022, the current government completely refused to supply natural gas from Russia. The Greens were objected by the Social Democrats, who were afraid of angering voters and did not want to force them to buy more expensive eco-friendly heaters. As a result, disputes over measures to combat climate change almost paralyzed the government, according to AP. The coalition announced its decision to put the document to the vote of the Bundestag only on June 13, although the bill itself was agreed by the government back in March.

“On the one hand, this issue is related to the threat of breaking off relations with energy suppliers, including Russia, the termination of relations with which Germany is still trying to overcome, on the other hand, it is important in the context of the green transition policy announced by the government of Olaf Scholz, which should happen by 2030,” says Artyom Sokolov, a researcher at IMI MGIMO. In the current conditions, when the situation in the German economy is quite tense, the forced transition to renewable energy, including for the population, is accompanied by high costs for consumers and a burden on the economy. According to the expert, the Scholz government is being criticized by both the CDU and the far-right Alternative for Germany party. The ratings of the latter, including due to criticism of the energy policy, reached an unprecedented 21%, exceeding the rating of the ruling Social Democratic Party, and came close to the leading opposition CDU in the polls. The energy transition is the position of the German government, formed under Angela Merkel and remained one of the priorities, so the court decision alone will not be able to turn the tide.

From the first days of its existence, the ruling coalition has been the embodiment of Krylov’s fable “The Swan, Cancer and Pike”, notes Alexander Kamkin, senior researcher at the Sector for Analysis of Political Changes and Identity of the IMEMO RAS. At times, the government has been held hostage by eco-extremists from the Greens, such as Foreign Minister Annalena Burbock or Economy Minister Habek. An attempt to implement the government’s environmental plan has run into resistance from Germans who do not want to overpay for more expensive “clean” energy systems. As a result, the constitutional court, in fact, took the side of ordinary citizens. At the same time, the expert adds, many in Germany are sympathetic to the environmental agenda, but far fewer Germans want to pay for its implementation.