Twelve minors filed a legal challenge with Austria’s top court, accusing the government of failing to revise an “inadequate” climate protection law, saying it was not sufficiently protecting their constitutional rights.

The Austrian lawsuit, the first of its kind in the nation, claims a law dating from 2011 – the Climate Protection Law –  is not ensuring that children are shielded from the consequences of global warming.

“We have a climate protection law that does not deserve its name and is unconstitutional because it violates the rights of children,” said attorney Michaela Krömer, who is representing the group.

So, what is Austria actually doing to protect children from the climate crisis?

As it turns out, not a lot.

Austria’s Climate Protection Law

In 2011, Austria passed the Climate Protection Act, setting emission ceilings for six sectors and regulating “the development and implementation of effective climate protection measures”. 

Much of the criticism of the act stems from the fact that the law did not set reduction targets, only ceilings, and even those came with no accountability measures. “A law which lacks greenhouse gas reduction targets, clear responsibilities and an accountability mechanism clearly infringe these constitutional rights [of the children],” said Krömer.

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Moreover, the law brought a program of measures from 2013  up to 2020, which has not been updated since. As a result, the year 2020 is also the most recent year for which quality-assured inventory data on emissions are available, according to the government.

Even when the law was valid, from 2015 to 2020, there was a trend of increase in emissions in the sectors analysed. According to the Climate Ministry, this was due, among other things, to “low prices for fossil energy, good economic development and the lack of implementation of new, effective climate protection measures.

A petition signed by former federal minister Rudi Anschober, among other Austrian organisations and prominent people, asks for better measures for a climate-friendly energy supply in the country.

Among the demands are: “Present a climate protection plan now and adopt a binding climate protection law that will enable us to achieve climate neutrality by 2040. We demand concrete programs of measures to achieve the climate targets.”

Karl Schellmann, from WWF, also recently told Austrian media that a new climate protection law must come into force in Austria “as soon as possible”. Despite announcements of goals such as carbon neutrality by 2040, greenhouse gas emissions have not decreased in the country since 1990.

BACKGROUND: How Austria plans to become carbon neutral by 2040

“Without climate protection legislation, we are flying blind. We have no target, no responsibilities, no control. Citizens have no way to take action against inaction”, Christian Kdolsky from the Climate People’s Initiative said.

EU targets

With no federal targets, accountability mechanisms and goals, Austria is set to miss out on EU climate commitments, risking fines of up to € 9.2 billion.

And the European Union has taken notice.

A recent report by the European Union Commission states that Austria is not on track to meet its 2040 carbon-neutral targets.

“So far, reductions in greenhouse gas emissions are not on a trajectory compatible with Austria’s binding target to reduce greenhouse gas emissions in sectors outside the EU Emissions Trading System by 36 per cent by 2030 compared to 2005”, the report claims.

The Brussels authority stated that even when accounting for additional measures, the country still risks falling short of its goal by nine percentage points.

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One of the significant challenges for Austria is reducing transport-related emissions, as the country serves as an important transit point for transalpine road freight, the EU says.

According to the report, lengthy permitting procedures and underinvestment in the electricity grid are also critical challenges to reaching renewable energy targets.

The commission mentioned that “investment in renewable energy is hampered by complex spatial planning and permitting procedures”.

Government reaction

Climate and Environment Minister Leonore Gewessler, of the Green party — the junior partner in Austria’s conservative-led coalition government — praised the “great commitment of young people to climate protection” when asked about the recent lawsuit brought on by the children.

“In our constitutional state, of course, everyone can always turn to the courts when it comes to the question of enforcing their rights,” she said in a statement.

“However, I see it as my responsibility to ensure that this is not necessary. And that’s exactly why I’m campaigning for a quick decision on the climate protection law.

“Of course, if I were solely responsible, we would already have one, but in a democracy, you need a majority for that.”