The Berlin Constitutional Court has declared the “Berlin car-free” referendum admissible, paving the way for a possible drastic reduction in car traffic. [emphasis, links added]
The court found that the aim of promoting health and climate protection is a legitimate legislative objective and that the draft does not violate fundamental rights.
There is no constitutional right to individual road use.
The initiative aims for a car-free Berlin center in which private car trips would be limited to just twelve per person per year.
Exceptions would be for police, emergency services and people with mobility impairments. Delivery traffic and special cases such as services would be able to be approved digitally.
The proponents argue that the aim is not to replace combustion engines with electric cars, but to reduce the total number of vehicles around the city center.
“We have won, right down the line: the future of Berlin belongs to safety, climate protection and the health of all Berliners – and not to unrestrained car traffic,” said the Volksentscheid Berlin autofrei (Referendum Berlin car-free) in a statement.
170,000 signatures needed for a referendum
Next, the initiative must collect 170,000 signatures within four months in order to bring about a binding referendum.
The initiative, however, faces opposition from various groups. Business associations, such as the Association of Business Associations in Berlin and Brandenburg (UVB), have warned that a widespread car ban would be a severe blow to the economy in the capital region.
They fear reduced customer access, especially for businesses that rely on delivery services or customers traveling by car.
There are also concerns that restricting car use would interfere with property rights, as car owners within the affected zone would be limited in how they could use their vehicles near their homes.
Many residents and businesses rely on cars for their daily commutes, deliveries, and other activities. The proposed restrictions allow only 12 private car trips per person per year within the city’s S-Bahn ring.
Critics also point to the current state of public transport infrastructure, expressing concerns about “significant bottlenecks” and overcrowding if a large number of car users switch to public transport.
While Berlin has an extensive public transport network, it probably isn’t robust enough to handle such a massive shift.
The current conservative-led Senate under Mayor Kai Wegner (CDU) has actively opposed traffic-reduction policies, campaigning against bicycle lane expansion, speed limits, and parking reductions. Residents should be able to choose their mode of transport, including cars.
While the court has deemed the initiative legally permissible, there remains a number of hurdles, including a potential referendum. Past experiences with referendums in Berlin show that implementation can be challenging due to political resistance.
There are also questions about how the 12-trip limit per person would be enforced, raising concerns about bureaucracy and data privacy.
Read more at No Tricks Zone
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