Germany's Left Party files urgent constitutional complaint to block Building Modernization Act

By: Anja Krüger, Berlin

Parliamentary Group Takes Legal Action

The Left Party parliamentary group in the Bundestag, along with MPs Violetta Bock and Jörg Cezanne, filed a lawsuit against the so-called "heating law" of the black-red coalition at the Federal Constitutional Court on Friday. Through an urgent application, they seek to prevent the new Building Modernization Act from being passed by the Bundestag before the summer break.

The Left Party parliamentary group argues that the federal government has failed to provide information on the law's impact on climate protection, thereby violating the rights of MPs.

Background: Replacing the Traffic Light Coalition's Heating Law

In their coalition agreement, the Union and SPD pledged to "abolish" the heating law introduced by the previous traffic light coalition. This is to be achieved by renaming the Building Energy Act to the Building Modernization Act. The new law repeals central provisions of the earlier legislation.

Previously, climate-damaging gas and oil heating systems had to be replaced by 2045, in line with Germany's goal of achieving climate neutrality by that year. The new draft, primarily overseen by Federal Minister of Economics Katherina Reiche (CDU), stipulates that:

• Fossil-fueled heating systems can continue to operate indefinitely.
• New fossil heating systems must use an increasing share of bio-fuels, known as the "bio-ladder."
• These bio-fuels are expected to be both scarce and expensive.

Key Criticisms from the Left Party

The Left Party parliamentary group criticizes that the federal government has not answered, during the parliamentary process:

• Where the required quantities of bio-fuels will come from.
• What effects the planned law will have on achieving climate targets.

"We want these calculations to be put on the table," said climate policy spokesperson Violetta Bock on Friday. "By abolishing the renewable heat requirements, the government is clinging to its populist election campaign promises. It is sacrificing climate protection, planning security, and the country's energy independence for this. We won't be taken for fools when the gas lobby is rolled out the red carpet and at the same time it is claimed that the climate goals can be achieved."

Legal Basis: Organizational Complaint

Lawyer Johannes Franke, who is leading the proceedings, stated that the Left Party parliamentary group has filed an organizational complaint before the Federal Constitutional Court for violation of MPs' rights. Numerous experts and the scientific service of the Bundestag have already raised constitutional concerns.

"The implementation of the bio-ladder is completely unclear," Franke said. "The same applies to the resulting gap in climate protection."

The CO₂ Credit Problem

Due to the unlimited continued operation of oil and gas heating systems permitted under the law, further CO₂ emissions will occur — though the extent remains uncertain. Germany has a limited budget for greenhouse gas emissions if the goal of climate neutrality by 2045 is to be met.

Franke emphasized that climate-damaging emissions should not simply be postponed into the future. With the Building Modernization Act, "a CO₂ credit of an unknown amount is being taken out, which restricts the freedom of decision of future MPs."

Next Steps

A spokesperson for the Federal Constitutional Court confirmed receipt of the complaint and the urgent application but could not say when a decision is expected. Lawyer Franke anticipates a swift ruling before the summer break.

• Monday: The last sitting week of the Bundestag before the holidays begins.
• Wednesday: The new heating law is scheduled for discussion in the Bundestag's Economic Committee.
• Following that: The law could proceed to its second and third readings in the Bundestag.

Photo: Violetta Bock (right, The Left) and lawyer Johannes Franke inform about details of their lawsuit against the "Heating Law." Credit: Kay Nietfeld/dpa