"An Attempt to Make Article 15 of the Basic Law Impossible"

Berlin’s governing coalition of the SPD and CDU has introduced a new Socialization Framework Law. The proposal aims to restrict how the city can use expropriation under Article 15 of Germany’s Basic Law. Critics argue the law weakens the original intent of socialization while offering little practical change.

The law defines compensation for expropriated properties based on market value. This approach maintains the current property system rather than reshaping ownership structures. It also states that socialization cannot strain the state budget, though sceptics dismiss this as meaningless wording.

The legislation narrows the purpose of socialization to only securing basic public services. This contrasts sharply with the broader goals of redistributing property ownership. The expert commission on *DW Enteignen* had previously found that discounts on market-value compensation were constitutionally permissible, but the new law ignores this recommendation. The SPD claims the framework is necessary to show the Federal Constitutional Court how expropriation can be done legally. However, legal experts question whether the law itself is constitutional. Additionally, the proposal holds no real regulatory power, as future Senates could easily repeal it. It also does not override direct democracy, meaning referendums or popular initiatives could still push for stronger measures.

The law faces criticism for undermining the work of the expert commission and limiting socialization to a minimal role. Without concrete enforcement mechanisms, its impact remains uncertain. The debate now shifts to whether the legislation will survive legal challenges or political opposition.