Constitutional Issues of a Prohibition of Diesel Vehicles

Authors

Prof. Dr. Klaus F. Gärditz, Department Chair of Public Law, University of Bonn

Year

2018

Print Info

Fortschritt-Berichte VDI, Series 12, No 807

Summary

Diesel ban ante portas? Not only since the German Federal Administrative Court [BVerwG] handed down the two decisions on 27 February 2018 regarding air pollution control planning in Dusseldorf and Stuttgart1 the topic of possible diesel bans has stirred up politics in Germany like no other. While the Federal Administrative Court considers that within the limits of proportionality, which is also prescribed by European Union law, local bans are possible as a last resort to enforce the requirements of EU air pollution control legislation (specifically Air Quality Directive 2008/50/EC2), a ban on the manufacture of diesel vehicles (“diesel phase-out”) is not on the political agenda (yet). However, the debate could certainly be revived if the European Commission increases the pressure on Germany to better comply with the air quality objectives set by European Union law. In view of the economic, social and ecological collateral damage of an increasing concentration of the residential population and enterprises in agglomerations it is not to be expected that the pressure to bring about a medium-term and long-term technopolitical turnaround will ease again. The following therefore intends to look into the constitutional limits of possible scenarios for a diesel phase out.