13-year-old woman from Munich: constitutional complaint on climate protection policy – Munich

Sue the federal government. Because of the destruction of their livelihoods. Marlene suggests this in blue ink letters on lined paper. The letter is addressed to Jürgen Resch, the federal director of the German Environmental Aid (DUH). Marlene wrote it in November 2019, when she was eleven years old. “I want people to still know what snow is 100 to 150 years from now,” she explained in her letter.

Two climate lawsuits later, the now 13-year-old student from Munich looks confidently into the camera during the Zoom interview and explains that she had little hope of being successful with her project. “But I figured there’s no harm in trying,” she says. For security reasons, her parents do not want her last name published.

She wrote the letter in the evening after school, out of anger and a lack of understanding for how little politicians are doing to combat climate change. As Marlene became more and more aware of what climate change means for her generation, she couldn’t believe how poorly the subject is being addressed. Her parents encouraged her to contact the German Environmental Aid, which they knew from other lawsuits.

When the Federal Climate Protection Act was passed in 2019 and the legal basis for a lawsuit was thus more clearly defined, the DUH came up with the plan, in addition to lawsuits from people in countries such as Bangladesh or Nepal, who are already clearly feeling the effects of climate change to organize a lawsuit for the future generation. “The letter from Marlene came up precisely with this consideration,” explains Matthias Walter from the DUH.

“That really shook us up and made it clear that we definitely have to support that.” The letter served as a kind of catalyst. After an appeal by the German Environmental Aid, nine other young people came forward and filed complaints with the Federal Constitutional Court. In the spring of 2021, parts of the climate law were actually declared unconstitutional and a deadline for improvement was set. However, the amendment disappointed many environmentalists. “It was only minimally, not sufficiently improved, it’s about the task of mankind to protect the climate,” says Walter.

On January 24th, Marlene filed another constitutional complaint together with eight other young people. This time they are hoping for more specific guidelines and standards in the judgment of the Constitutional Court in order to avoid another minor adjustment. When the second lawsuit was filed, Marlene was connected online from school.

In her everyday life, the issue of climate change does not play a major role beyond the lawsuit, she says. She goes to an all-day school, does sports and likes to read in her free time. Once she was at a Fridays for Future demo with her parents. She does talk to her friends about the lawsuit, but “most of them don’t bother with the subject and then sometimes act as if it were my personal hobby,” says Marlene. “Some think my involvement is cool, but most don’t care that much.”

It’s frustrating at times, but she understands. It is easy to suppress climate change, especially in Germany. At the age of 13, Marlene is the youngest of the complainants. “I see no point in suppressing the topic,” she says. “Maybe I’m just angrier than others about how little politics is doing.”

How the complaint will continue remains open, especially since the first process was very lengthy. Marlene only knows one of the other complainants personally, which is also due to the pandemic situation. In addition, the process was mainly conducted through pleadings, there were no hearings.

It is important to Marlene to send a signal against the inadequate rectifications with the second lawsuit. “I would be surprised if the court decided against it this time,” she says. Marlene had high hopes for the new federal government, but these have so far been disappointed. Can you imagine going into politics yourself? Rather not. “Of course it’s cool when you can stand up for others, but I have the feeling that they always talk past each other.”

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