Klimaschutz durch Berücksichtigungsgebote

Following the entry into force of the Federal Climate Protection Act in 2019, the requirement to take account of Section 13 (1) sentence 1 KSG has attracted particular attention. However, consideration requirements with the protective direction of climate protection are not new in federal law. Miriam Köhl places Section 13 (1) sentence 1 KSG in the context of other climate-protecting consideration requirements and addresses the question of what climate-protecting consideration requirements can achieve for climate protection. In doing so, she first identifies the norm category of climate-protecting consideration requirements, before comparatively examining other consideration requirements from the area of environmental assessments and spatial planning in addition to Section 13 (1) sentence 1 KSG. Although the standards do not require strict consideration of climate issues, they can be of considerable importance as they integrate climate issues into all fields of action and force the administration to deal with the climate. Case law has already occasionally found violations of Section 13 (1) sentence 1 KSG. However, an evaluation of administrative court case law shows that the potential of the further climate protection consideration requirements in particular has not yet been exhausted. In addition to consistent implementation by the administration and courts, their effectiveness ultimately also depends on the trajectory of climatic change impacts. As more climate change impacts emerge, the importance of consideration requirements will likely become greater in the future.