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German environmental lawyer: “The spirit revealed and closed the gaps in the law and closed”

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TAZ: Whether it is thin dust, reusable system or diesel scandal – with many problems of consumer protection, the association in Germany is especially amazing, also from its presence in the media: German environmental assistance Duh. On Thursday, she celebrates her 50th birthday. What distinguishes you?

Michael Tsesheshe: Duh admitted that it is important not only to formulate goals in environmental policy, but also for their control. To do this, she follows the path of action and reaches for the trial. Environmental assistance is especially successful in two areas: one of them is control of air pollution: again and again, it makes a lawsuit to municipalities if the limit values ​​are not observed. The second region is the climatic policy: Duh won several processes against the federal government.

TAZ: What was the most impressive?

Zschiesche: Of course, the decision in 2021 by the Federal Constitutional Court: since the government violates the rights of the upcoming generations with its policy, the federal government at that time was to significantly improve the law on climate protection.


Painting:
UFU


In an interview: Michael Zchisesh

He is a lawyer, diplomatic economist and managing director of an independent institution of environmental issues UFU. Among other things, he explores the plaintiff of environmental associations.

TAZ: Did the German environmental assistance to the German legal system with its complaints change?

Zschiesche: In fact, Duh promoted the observance of the EU law. She revealed and completed the gaps in the protection of the right: where there was no plaintiff, but was supposed to provide the possible revision in court in accordance with the EU legislation. Your work is always technically thorough, at a very high scientific level.

TAZ: There was always a threat of policy for depriving German environmental assistance. Is this evidence of the success of your work?

Zschiesche: These were the fouls from the side! The European Union has already stated about 2000 that governments and state institutions should be verified by civil society – also in court, because otherwise often ambitious environmental goals will not be achieved. But, of course, such achievements are also a sign that German environmental assistance irritates a powerful one.

TAZ: Is the work in court a unique point of sale of German environmental assistance?

Zschiesche: No. We collect and analyze the surrounding claims from environmental associations, for example, the federal government or the Association for the preservation of nature complain much more often. German environmental assistance looks very carefully at the areas in which she complains, and often she also has good arguments that were caught in court.

TAZ: Is there a trend that the trial in the struggle of environmental associations is becoming more and more important?

Zschiesche: Data does not give this, especially since some environmental associations do not have any legal rights, for example, WWF, but also not Greenpeace. Nevertheless, it is clear that the path to the court can bring a very effective and public success.

TAZ: Why does WWF or Greenpeace have no trial?

Zschiesche: The WWF is a fund, so the Law of the Association is currently not open to it, since only non -core associations have the right to apply. Greenpeace is also not an insurmountable organization. Nevertheless, the control committee of the Aarhus Convention, the Committee on compliance with the requirements of Aarhus, decided that this should be changed in Germany in the sense of WWF and Greenpeace. The German government should now implement this.

TAZ: Let us return to your birthday: is there anything, what do you want from German environmental assistance?

Zschiesche: I wish her further impressive judicial success in the sense of protecting the environment and climate. And, perhaps, a little better coordination with another environmentally important civil society, because the success of Duh is inconceivable without the work of other environmental associations

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