German and European Environmental Law
The recognition by Earth system sciences that there are planetary ecological boundaries is also increasingly shaping the law. A prime example of this is the Paris Climate Agreement with its 1.5°C to 2°C target, which was implemented by the EU within the framework of the Green Deal legislation and the German Climate Protection Act. At the same time, the climate lawsuits accompanying this process are creating a new dynamic of subjectification through fundamental rights. In the course of this, the necessary complementation of the democratic and social constitutional state by the environmental state (Art. 20a GG) is becoming increasingly obvious. In this respect, the question arises as to whether a reassessment of the relationship between state objectives is necessary in order to do justice to the state's responsibility for the future. What role do the principles of sustainability and precaution play in this respect, to what extent should political governance be more integrated and policies designed in a cross-cutting manner (Art. 11 TFEU), and what does this mean for specialist legislation?
