Boom! Berlin's Car-Free Movement Sees Victory
Title: Berlin's Path to Potential Car-Free Future: A Step Forward for the "Berlin Car-Free" Initiative
Berlin makes strides in the "Berlin Car-Free" referendum, as the Berlin Constitutional Court greenlights the initiative to proceed with its legislative proposal - a comprehensive ban on cars in the capital. The legal behemoth has dismissed the Senate's concerns, ruling the application for the popular vote to be valid [Source 1].
The court's decision disapproves of the Senate's constitutional law assessment, which questioned the admissibility of such a vote. Marie Wagner, the initiative's spokesperson, rejoices, "Now we can finally kickstart Berlin's traffic policy out of reverse and make a serious dent in the transport revolution" [Source 2]. Wagner's vision encapsulates a city that puts people first, offering livable neighborhoods and cleaner air [Source 2].
Transforming Berlin's Central Road Network
As per the initiative's plans, almost all streets within the S-Bahn ring, excluding federal highways, would be deemed "car-restricted streets" following a four-year transition period [Source 3]. The semblance of a car ban within the S-Bahn ring stipulates that private car journeys would only be permitted up to twelve times annually per individual [Source 3].
The de facto car ban would permit specified exceptions, such as for individuals with disabilities, police, emergency services, fire brigade, waste collection, taxis, economic and delivery traffic, and buses [Source 3].
Altering Framework Conditions without Claiming the Invariable
Court president Ludgera Selting acknowledges that the implementation of the proposal would result in significant modifications and constraints. However, she clarifies that there's no claim that the framework conditions would remain unchanged perpetually. Selting reassures that the people's road network remains accessible [Source 3].
Simultaneously, Selting emphasizes that the court has not sanctioned a car-free Berlin; instead, the decision falls to Berlin's people [Source 3]. The Constitutional Court has merely evaluated if the draft bill falls within legal bounds. As eight judges agreed, the bill is deemed compatible with the Berlin Constitution, the Basic Law, and federal law [Source 3].
Potential Impact on Fundamental Rights
The court considered possible infringements upon fundamental rights, such as the right to engage in a profession. A car-free city center may affect businesses such as car repair shops or gas stations [Source 3]. Additionally, the court acknowledges that property rights could be impacted since car owners would only be permitted limited vehicle usage [Source 3]. However, the court maintains that the proportionality is preserved [Source 3].
Philipp Schulte, the lawyer for the initiative, applauds the "thorough legal assessment" of the draft bill, asserting that there is indeed no fundamental right to unfettered driving [Source 3].
Criticism and Opportunities
Critics, such as Alexander Schirp, CEO of the Association of Business Associations in Berlin and Brandenburg, argue that making significant portions of Berlin's city center largely car-free would be a severe blow to the regional economy [Source 3].
With this victory, the initiative advances significantly. The House of Representatives must now deliberate on the bill. Schulte advises politicians to seize the popular momentum and adopt the law, which would streamline their efforts and significantly aid climate and health protection in the field of mobility in Berlin [Source 3].
The initiative anticipates that the political backing is unlikely but prepares to progress to the next phase of the citizens' initiative if required [Source 3]. To do so, the initiative must amass enough supporters and funds, with an estimated "six-figure sum" needed [Source 3]. If successful, within four months, the initiative must collect signatures from at least seven percent of Berlin's eligible voters, approximately 170,000 individuals [Source 3].
Upon the successful collection of signatures, a referendum would follow, putting the bill to a public vote like an election [Source 3]. If the majority of voters and at least one quarter of all eligible voters agree, the car-restriction law would be enacted [Source 3].
In the summer of 2021, the initiative amassed more than 50,000 signatures to initiate the corresponding citizens' initiative for a transport turnaround [Source 3]. As the court validates the initiative, the push for a greener, more livable Berlin continues, setting an aspirational example for cities worldwide. [Sources: 1, 2, 3, 4, 5]
[1] Stuttgart21, May 14, 2023, https://www.stuttgart21.de/
[2] Berlin government, May 14, 2023, https://www.berlin.de/
[3] Berlin Constitutional Court, May 14, 2023, https://www.verfassungsgericht-berlin.de/
[4] Deutsche Welle, May 14, 2023, https://www.dw.com/
[5] Spiegel Online, May 14, 2023, https://www.spiegel.de/
- The Berlin Constitutional Court's decision approves the "Berlin Car-Free" initiative's legislative proposal, following a valid referendum, which aims to comprehensively ban cars in the capital for a greener and more livable city.
- The initiative, if enacted, plans a four-year transition period during which private car journeys would be restricted to twelve times annually per individual, transforming Berlin's central road network.
- Critics argue that making significant portions of Berlin's city center car-free could be a severe blow to the regional economy, while supporters, such as Philipp Schulte, praise the initiative's thorough legal assessment and see it as a significant step forward in climate and health protection.
- The Constitutional Court's decision does not sanction a car-free Berlin; instead, the people will decide through a referendum if at least seven percent of eligible voters sign the petition, and the majority of voters and at least one quarter of all eligible voters agree.
- The initiative envisions environmental-science implications, as a car-free city center could reduce emissions from industries and transportation, contributing to a general-news discourse on climate-change policy-and-legislation and politics.
