The Constitutional Court (VfGH) has now dismissed a liability lawsuit against land consumption in Austria. It was submitted in May 2023 by the Austrian NGO AllRise. The reasons given included allegations that were too unclear.
According to the statement of the Constitutional Court (VfGH), it is not clear which accusations are made against the legislature and which against enforcement. The lawsuit also does not make it clear what specific harm can be attributed to the inadequate implementation of Union directives and to what extent these standards confer rights on individual citizens.
The Constitutional Court also sees no jurisdiction. This was also cited by the federal government and the state governments of Upper and Lower Austria.
Here’s a tweet about the NGO’s lawsuit from May 2023.
NGO: “Political Court”
“It is deeply regrettable that the Austrian Constitutional Court refuses to address the issue of land consumption and climate protection or the failure of politicians and legislators in this area,” said Johannes Wesemann, founder of AllRise. The Constitutional Court is thus sliding into exactly the role it always wants to avoid: that of a ‘political court’.
In June 2023, a request to the Constitutional Court from twelve children and young people was rejected for formal reasons. They see that their rights are at risk due to a lack of climate protection measures. It was said that the application was too limited. The components of the Climate Protection Act would be inextricably linked. Only individual areas were contested.
Source: Krone
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