Planned acceleration law undermines legal protection against major projects
Berlin, 06.09.2022: In a statement submitted today, the environmental network GRÜNE LIGA strongly opposes the draft for another acceleration law. The Ministry of Justice plans to avoid the suspensive effect of lawsuits by allowing courts to disregard legal errors in the decisions complained of.
"The law planned by the Federal Ministry of Justice aims at facilitating the creation of facts even in the case of unlawful approvals. In practice, lawsuits against fossil-fuel power plants, waste incineration plants, airports, roads and even lignite mining would be nullified from the outset, even though the law claims to serve the conversion to sustainable energy supplies. This kind of planning acceleration would undermine the rule of law as a whole," says René Schuster, Federal Chairman of the GREEN LIGA.
Schuster continues: "In fact, the rules for urgent judicial proceedings are the least suitable for speeding up planning decisions. In the vast majority of cases, overlong procedures are due to incomplete application documents, which lead to later supplements and renewed participation deadlines, and/or understaffed administrations."
By 12 September, the Federal Ministry of Justice will consult affected experts and associations on a draft bill to speed up administrative court proceedings. It mainly provides for changes in the Administrative Court Code, but also in other laws.
Statement of the GRÜNEN LIGA (pdf)