Environment and constitution – Fundamental right to environmental protection in Germany?

Abstract

Some countries recognize a fundamental constitutional right of individuals to a preserved environment. In the United States, for example, constitutions of some states guarantee such a right. In Europe, academia suggests to include a clause of this type in the Charter of Fundamental Rights of the European Union. The German constitution does not specify a fundamental right to a healthy environment. On the contrary, it provides for the protection of the environment as an aim to be achieved by the state in Article 20a. In 2021, the German Federal Constitutional Court ruled on the issue and redefined the scope of Article 20a. Through an analysis of extensive bibliography as well as international legal decisions, this article aims to demonstrate, in a comparative analysis, that, despite the lack of an individual right, German constitutional law offers effective instruments for environmental protection.