The Berlin Constitutional Court has ruled that an initiative to make the city largely car-free is legal, paving the way for organizers to collect signatures for a referendum. The draft law is thus compatible with the Berlin Constitution, the Basic Law, and federal law. Now, the initiators can further pursue their legislative proposal for a comprehensive car ban in the capital.
The decision comes three years after the Berlin government took the initiative to court in 2022, arguing that the initiative would be constitutionally inadmissible.
The initiator’s aim is to ensure that the public streets in Berlin are fairly apportioned, healthy, safe, liveable, climate- and environment-friendly. “Since we do not believe that politicians are taking the necessary measures to achieve this, we must approach our goals in a direct democratic manner through a referendum,” they say.
‘Car-reduced roads’
Their plans are targeted at reducing traffic in the inner city, specifically in the districts within the S-Bahn train service ring, which encircles central Berlin.
After a transitional period of four years, almost all streets within the area, except for main roads, would be declared “car-reduced roads.” Private car traffic would be allowed only 12 times per year, with exceptions for individuals with disabilities, police, emergency services, fire brigades, refuse collection, taxis, public buses, and commercial traffic.
‘Up to the Berliners’
In making its decision, the court also examined possible violations of fundamental rights, such as the right to freedom of occupation. A car-free inner city would have an impact on businesses, such as car repair shops or gas stations.
Property rights could also be affected because car owners would only be able to use their vehicles in a limited manner. From the judges’ perspective, however, proportionality is maintained. The Constitutional Court had only to assess whether the draft law was within legal limits. Whether the German capital will actually become car-free is a decision that remains “up to the Berliners.”
