Brandenburg's legal reform: criticism of environmental lawsuits and participation rights!

Brandenburg's legal reform: criticism of environmental lawsuits and participation rights!

In the state of Brandenburg, significant changes are imminent that affect the rights of the environmental associations. A draft law is planned that aims at the restriction of these rights to reduce bureaucracy. All factions in the state parliament support this step, which makes the project particularly explosive. However, the environmental associations, above all the Nature Conservation Association of Germany (NABU), express serious concerns and warn of a loss of corrective and participation rights.

Environment Minister Hanka Mittelstädt describes the planned changes as a return to the provisions of the Federal Nature Conservation Act. The draft law stipulates that in future federal law will only apply to the rights of action, which means that the additional legal rights of the environmental associations in Brandenburg will be abolished. For many years, these associations have had an extended authority to complain that is now to be withdrawn. Coalition partner BSW emphasizes that this change does not have to be understood as a restriction, but as a return to a uniform federal level. For the opposition, which consists of AfD and CDU, the law is an important progress to increase environmental administration and to accelerate approval procedures.

reducing bureaucracy and nature conservation

according to [sueddeutsche.de] the bureaucratic hurdles should be reduced especially for municipalities, business and agriculture. The coalition plans to reduce the right to participate from nature conservation associations for construction projects if there are only minor effects on nature and landscape. A special committee in the state parliament has already approved the corresponding draft law.

Franziska Sperfeld, the state chairman of the BUND Brandenburg, expresses fears that central democratic rights in environmental and nature conservation are endangered by the change in the law. Around 4,000 people support a petition of the federal government and Nabu Brandenburg against this draft law. At the same time, the left -wing possible legal violations, which could be accepted by the new regulation, outlines. BSW MP André von Ossowski, on the other hand, states that nature conservation is not completely abandoned and that the rights of participation remain.

additional concerns and outlook

Environmental associations also criticize that planned buildings in outskirts up to 300 meters should be possible into the protected area without permits. In addition, in landscape protection areas for Agri-Photovoltaic systems, no further permits should be required. A clear focus of the law is to reduce bureaucracy in flood protection. Environmental Minister Mittelstädt has rejected the allegation of democracy removal and emphasized that the existing rights of participation would continue to apply. The chances of broad approval of the law in the state parliament are not bad.

The coming days will show how the political landscape in Brandenburg will develop with this advance. Many actors agree that reduction in bureaucracy is necessary, but the concerns about a possible loss of environmental and nature conservation rights are unmistakable. The disagreements between the coalition and environmental associations will certainly continue to provide discussions.