Can driving in Berlin city center be banned as far as possible? Yes, according to the “Berlin car-free” initiative. In the dispute with the Senate about the admissibility of the referendum, the activists have now submitted their statement to the state constitutional court.
“Ultimately, it becomes clear that the Senate’s criticism of our law was politically motivated, because the legal arguments do not seem very valid,” said Marie Wagner, spokeswoman for the “Berlin car-free” referendum. “We are therefore very optimistic that our law will stand up in the state constitutional court.”
The initiative’s draft law envisages banning large parts of car traffic within the Berlin S-Bahn ring. In the future, twelve and later only six car journeys within the city center will be allowed per person. Exceptions to this would be the fire brigade and police, local public transport and people with restricted mobility.
In May, the Senate declared the referendum initiated by the initiative to be inadmissible and submitted the case to the state constitutional court. A legal review by the Senate Interior Administration had previously come to the conclusion that the draft law by the traffic change activists represented a disproportionate encroachment on the general freedom of action granted under the Basic Law. The limit to a few trips per year is too rigid and too low.
At the same time, Transport Senator Bettina Jarasch (Greens) complained that the plans would not contribute to the traffic turnaround. Rather, the traffic problems simply shifted to the area outside the S-Bahn ring, she argued.
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In the 71-page statement, which is available to the Tagesspiegel, the initiative opposes the legal view of the Senate. Accordingly, the draft law is compatible with both the general freedom of action and the freedom of property guaranteed in the Basic Law.
Accordingly, there is no constitutionally guaranteed right that roads must be available for cars without restrictions according to the principle of general use that applies today. The constitution offers “not the slightest basis” for a fundamental right to drive a car. Instead, the use of the roads could also be allocated differently by the legislature.
Another argument against the disproportionality of the proposal is that in the event of a successful referendum, a democratic majority would vote in favor of the plans.
The state constitutional court will review the initiative’s proposed law in the coming months. If the judges follow the reasoning behind the referendum, the second phase of collecting signatures can begin. Around 175,000 valid signatures would have to be collected in order to be able to initiate a referendum on the question.
