Germany's heating law faces constitutional crisis over climate loopholes
A new legal opinion has raised serious concerns about the government’s recently approved heating law. Commissioned by the Climate Union, the analysis argues that key parts of the legislation are unconstitutional. The law was pushed forward by Economics Minister Katherina Reiche (CDU) and Housing Minister Verena Hubertz (SPD). The cabinet approved the heating law after it was jointly presented by Reiche and Hubertz. However, the legal opinion now claims the legislation fails to comply with Germany’s constitutional climate protection ruling. One major criticism is the absence of a binding roadmap for increasing the use of 'green' gases.
The opinion also highlights that the law permits fossil-fuel heating systems to operate indefinitely after 2045. It argues that the so-called 'bio-staircase'—a mechanism meant to phase out fossil fuels—does not actually restrict their use. To fix these issues, the report recommends setting a firm legal deadline of December 31, 2044, for ending fossil heating systems. Critics say the current version of the law lacks clear enforcement measures. Without stricter rules, the transition to climate-friendly heating could stall, leaving households reliant on outdated technology for years to come.
The legal opinion puts pressure on the coalition to revise the heating law. If the findings hold, the government may need to introduce stricter deadlines and clearer rules on green energy. The outcome could shape how Germany meets its climate targets in the coming decades.
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