Modernization Act Controversy: Potential Breach of EU Legal Standards - Modernization Law Challenges Compliance with EU Legal Standards
The Bavarian government's third modernization act, aimed at reducing bureaucracy in the Alps, has sparked controversy and faced strong criticism from various political parties and environmental organizations. The act, which has been in effect since early August, has been accused of violating European environmental law and Alpine protection by constitutional law experts.
A report published by the German Press Agency and authored by Florian von Brunn, a constitutional law expert from Leipzig University, questions the relaxed environmental impact assessment (EIA) requirements for snow cannons, ski slopes, and cable cars in the Alps. The report suggests that these changes could have significant environmental and climate impacts, regardless of the size of the ski area, the use of artificial snow, or the length of the cable car.
Von Brunn's report also points out that the act includes significant increases in the threshold values for EIA obligations for these facilities. For ski slopes, the EIA threshold has been increased from 10 to 20 hectares and in protected areas from 5 to 10 hectares. For snowmaking facilities, the EIA threshold has been raised from 15 to 20 hectares and in protected areas from 7.5 to 10 hectares. The straight-line distance for EIA requirement has been increased to 3,000 meters (previously 1,000 meters for chairlifts and 2,500 meters for other cable cars).
The report further accuses the act of fulfilling lobby wishes at the expense of sensitive Alpine nature. Von Brunn has described these changes as irresponsible in the face of climate change, suggesting that the uncontrolled expansion of ski resorts could exacerbate environmental issues.
In response to these concerns, Florian von Brunn has contacted Federal Environment Minister Carsten Schneider (SPD) for assistance. Von Brunn has also suggested legal action, including drawing the EU Commission's attention to the alleged violation of the EIA Directive through a complaint, which could lead to an infringement procedure against Germany. Legal action before an administrative court is also conceivable, with the potential for the European Court of Justice to "bindingly establish any violation of the EIA Directive".
The Bavarian government, however, defends the changes as a reduction in bureaucracy, claiming that there would be no compromises in protecting the Alps. Despite these assurances, the controversy surrounding the act continues, with the SPD, Greens, and the "Save the Mountains" alliance expressing strong criticism throughout the legislative process.
It should be noted that, given the lack of relevant information from the search results, it cannot be confirmed if such legal concerns or violations have been raised or proven. For authoritative insight, official documents from the European Union, the Alpine Convention Secretariat, or Bavaria's government, as well as legal analyses or rulings from the European Court of Justice would be required.
Florian von Brunn, based in Munich, is a constitutional law expert at the University of Leipzig. A report by another constitutional law expert, Kurt Fassbender of Leipzig University, also suggests that parts of the third modernization act may violate EU law.
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- The Bavarian government's third modernization act, focused on reducing bureaucracy in the Alps, faces accusations of disregarding European environmental law and Alpine protection, with constitutional law experts arguing that it could have significant environmental and climate impacts.
- Florian von Brunn, a constitutional law expert from Leipzig University, has suggested that the act includes increased EIA thresholds for ski slopes, snowmaking facilities, and cable cars, potentially leading to an uncontrolled expansion of ski resorts and exacerbating environmental issues.
- Von Brunn has recommended legal action, including a complaint to the EU Commission alleging a violation of the EIA Directive, which could lead to an infringement procedure against Germany, or potentially a legal challenge before an administrative court and the European Court of Justice.
