Die Konsequenzen des KlimaSeniorinnen-Urteils für den innerstaatlichen (Verfassungs-)Rechtsschutz von Vereinigungen

In order to do so, the violations of Articles 8 and 6 of the EuropeanConvention onHumanRights (ECHR)must be considered together. The general relevance of the judgment in the German legal system is defined by the case law of the German Federal Constitutional Court on the consideration of the ECHR and the case law of the European Court of Human Rights. However, the ECtHR's reasoning in theKlimaSeniorinnen case is subject to considerablemethodological reservations. Furthermore, the Court itself points out that Article 6 ECHR does not apply to parliamentary legislation. The recognition of a constitutional complaint by an association against climate laws is therefore not required, even if there may be legal policy reasons in its favour. The German Federal Constitutional Court is therefore likely to declare the currently pending constitutional complaints by environmental associations against the Federal Climate Protection Act 2024 inadmissible.