Federal Constitutional Court Rejects Left Party's Emergency Motion Against New Heating Law

The Left party had wanted to use its motion in Karlsruhe to prevent the new law from being adopted before the summer break. According to its argument, the federal government had, even after repeated inquiries, failed to provide any statement on climate impact or the availability of biogases. "Doch die Bundesregierung habe auch auf mehrfache Nachfragen keine Aussage zu Klimawirkung und zur Verfügbarkeit von Biogasen getroffen", the faction had criticized.

Black-Red Coalition Plans and Parliamentary Schedule

With the ruling, the path is clear for the Bundestag to adopt the planned new Buildings Modernization Act as early as this week. The black-red coalition of CDU/CSU and SPD had announced that it would wait for the court's decision and, immediately after the ruling, scheduled the votes it had been seeking. The Bundesrat is to convene for the final time before the parliamentary summer break on the same Friday.

Following the ruling, the Left party announced further resistance to the project. The faction's climate-policy spokesperson, Violetta Bock, who had filed the complaint together with another member of parliament, said: "Auch wenn wir heute mit unserer Beschwerde gegen das Hauruck-Verfahren keinen Erfolg erzielen konnten, bleiben unsere inhaltlichen Kritikpunkte vollumfänglich bestehen". She added: "Dieses Gesetz ist verfassungswidrig und ein sozial- und klimapolitisches Desaster", and announced: "Wir rechnen fest mit weiteren Klagen gegen diese Gesetzesänderung und werden uns an der Seite von Mieterinnen und Mietern gegen diesen fossilen Rückschlag zur Wehr setzen".

Main Proceedings and "Constitutional Speed Limit"

The Left party sees the law as foreseeably widening the gap to achieving the climate targets. Back in the summer of 2023, the Federal Constitutional Court had stopped the previous heating law passed by the traffic-light coalition, in response to an emergency motion by CDU member of parliament Thomas Heilmann, on the grounds that members had not been given sufficient time to deliberate. The law was only adopted after the summer break.

The main proceedings on Heilmann's complaint are now scheduled for 23 July – three years after his successful emergency motion – and will address the question of a "constitutional speed limit" for the deliberation of draft bills. Presiding judge Ann-Katrin Kaufhold had already emphasized this point during the oral hearing in February. A ruling could see the Senate define standards for parliamentary procedures.

The black-red coalition aims to use the new heating law to overturn key elements of the regulations adopted by the previous traffic-light government. Katherina Reiche had criticized the previous regulation as a "heat pump mandate" and announced in the Bundestag that "technological openness" should replace heating-system mandates. "Das Gebäudemodernisierungsgesetz kann jetzt umgesetzt werden", she said after the Karlsruhe decision, pointing to planning certainty for owners, tenants, the skilled trades and the construction industry.

Contents of the New Heating Law

At its core, the draft provides that, in addition to heat pumps, district-heating connections, hybrid heating models and biomass heating systems, new gas and oil heating systems may continue to be installed. From 1 January 2029, however, these systems will have to use a rising share of CO2-neutral fuels such as biomethane. For existing systems, a "green gas quota" is to apply from 2028, which suppliers will have to meet. A so-called "bio-staircase" is also planned, intended to ease the transition to more climate-friendly heating.

Emergency motions relating to the Health Insurance Stabilization Act also failed in Karlsruhe. The law is to enter into force the day after the Bundestag vote. Two members of parliament from the Greens and the Left party had likewise gone to the Constitutional Court in opposition.

The Left party announced it intends to stay on the ball with a view to the main proceedings on Heilmann's complaint and possible further constitutional complaints. Julia Verlinden stated that the Karlsruhe court had given "nur eine erste, schnelle Einschätzung zum parlamentarischen Verfahren". She called the Buildings Modernization Act a "teure Kostenfalle" and announced that constitutional complaints from environmental organizations would establish its unconstitutionality. She considers the project to be "sehr wahrscheinlich verfassungswidrig".

From the Left party's perspective, the law will widen the gap to the climate targets and place an undue burden on tenants. The faction again spoke of a lack of information on climate impact and the availability of biogas. It said it would continue to fight the "fossilen Rückschritt" both in parliament and through the courts.

Reactions from the Opposition and the Government

For the federal government, the Karlsruhe decision is a阶段性胜利: after parliamentary adoption – expected on Friday – and the final Bundesrat resolution on the same day, the path would be clear for the amended heating and modernization law. Further legal disputes, for example through the main proceedings on 23 July, remain likely.

The Karlsruhe decision was formally concerned with procedural questions: because the applicants had not made their objections clear to the coalition before initiating the organ dispute, the legal interest in protection had to be denied. The ruling is expressly not a substantive assessment of the heating law.

With the main proceedings in mid-July in view, political significance is growing: if the Second Senate were to formulate a constitutional speed limit for the deliberation of draft bills there, this could noticeably change the pace of parliamentary decisions in the future – particularly before summer breaks.

Outlook on Further Legal Steps

The Left party remains combative despite the swift procedural ruling. "Wir bleiben dran", said Violetta Bock, announcing that she would continue to stand "an der Seite von Mieterinnen und Mietern" against the law.

For Reiche, following the decision, "Planungssicherheit für Eigentümer, Mieter, Handwerk und Bauwirtschaft" is the priority. She sees the draft's "technologischen Offenheit" as the basis for investment and accelerated buildings modernization.