Revisiting The German Federal Constitutional Court’s “Ultra-Spective” Decision

The German Federal Constitutional Court has (partially) declared the 2019 Federal Climate Change Act unconstitutional, because it disproportionately allocated the burden of making CO2 emission reductions to future generations, then jeopardizing their rights. This article offers a theoretical understanding of the judgment based on the concept of time. In the decision, the Court has taken into account a considerable timespan, which includes the future, and considered that today’s activities are the premise of future ones. When dealing with long-lasting goals, like arresting climate change, the law might assume an ultra-spective character: to ensure that today’s commitment will effectively achieve its goal, the law’s effects shall be spread over different generations. The future is not (anymore) a faraway land: today’s framework triggers the duty to pursue climate neutrality in due time and to pursue it
according to a proportioned inter-generational pace that preserves future rights.