Federal Minister of Economics Robert Habeck wants to provide financial support to property owners who install modern heating systems from 2024. Property owners with low and medium incomes in particular should benefit from the planned income-related subsidy. The focus is on grandma’s little house, and government support is not intended for luxury real estate. At the same time, Habeck is planning a gradual ban on obsolete oil and gas heating systems.
It is unclear how the multi-billion dollar grant will be financed. According to a spokeswoman for the Ministry of Economic Affairs, it is still being coordinated by the relevant Berlin ministries. However, budget politicians from the CDU and the taxpayers’ association are sounding the alarm: the funding contradicts the federal budget regulations. The red-green-yellow federal government is raising false hopes among millions of property owners. The budget experts did not become more legally specific.
According to experts, Germany has a duty to act
The demand from experts gives the all-clear. The renowned constitutional law expert Professor Joachim Wieland says with regard to the planned funding: “The federal government is thus fulfilling a requirement of the Federal Constitutional Court.” In support of the new heating systems, the state is fulfilling its obligation to improve climate protection. The fact that he also forbids the operation of outdated heating systems in the long term is not a legal problem.
“As early as 2021, the Federal Constitutional Court expressly asked the Federal Government to take climate protection more seriously,” said Wieland. “This results in an obligation to act, in which case it makes sense to replace old heaters as air pollutants.” This corresponds to the principle of economic efficiency and does not contradict the federal budget regulations. “Because the funding is to be granted on an income-related basis, the principle of proportionality is also observed.
In 2021, the Federal Constitutional Court in Karlsruhe ruled: The Climate Protection Act of 2019 must be improved. The state is still shifting the dangers of climate change to the expense of the younger generation. The top judges therefore obliged the federal government to better regulate the reduction targets for greenhouse gas emissions from 2031.
The contribution “Habeck not allowed to subsidize new heating systems? Expert gives a clear verdict” comes from WirtschaftsKurier.
