"Berlin car-free" unconstitutional

The capital's administration has declared the planned petition for a referendum inadmissible. The goal of a car-free inner city demanded by it is unconstitutional and represents in particular a violation of the general freedom of action, according to the Senate. However, the last word has not yet been spoken. After examination by the interior administration, the proposal has been in the hands of the competent traffic authority since last Wednesday. Here, a proposal for a decision is being formulated, which will be submitted to the Senate. A decision could be made as early as next week.  

The initiative wanted to severely restrict car traffic in Berlin's S-Bahn ring. Restrictions on the use of private cars in the city centre are also planned, they say. Citizens would only be allowed to make up to twelve private car journeys per year in the city centre. Buses and taxis, however, are to be unaffected and will be allowed to continue as commercial and delivery traffic. Police, fire brigade and mobility-impaired people are also among the exceptions. The proposal to significantly reduce car traffic in Berlin is not only proportionate, but urgently needed. Initiative spokesperson Nina Noblé said when criticising the administration's decision. "Seems to lack the political will and courage to seriously solve these problems," Noblé continues.  

The text of the law had already been examined by several legal experts before the proposal was submitted. No violations of European Union law, the constitution of Berlin or other federal law, such as the road traffic regulations, were indicated in the step. The draft law was therefore "formally compatible with the Basic Law". However, the proposal would have a weak point, explains expert Remo Klinger, law professor at the Eberswalde University for Sustainable Development. The narrowly formulated exemptions could raise doubts with regard to the proportionality of the law. Especially in view of the orientation of the text of the law towards the common good, an interpretation of the proposed restrictions in conformity with fundamental rights would still be possible.  

In the end, it would not be the first time that theoretical encroachments on fundamental rights, such as the creation of environmental zones and diesel driving bans, have received judicial approval. The prerequisite for this would be that they have a positive impact on citizens and the community. Despite institutional headwinds, a car-free Berlin could still become reality.