by Olga Urbanek

Energiewende is probably the most significant and ambitious project undertaken by any European country in recent years. This term, usually not translated into other languages, refers to a governmental plan of an incremental transition from coal and nuclear power as the primary energy sources to lower, more sustainable, and carbon-neutral energy derivation in Germany. 

 

A proposition of this bold project appeared first as early as in the 1970s. Long before the worldwide discussion on climate change or energy overconsumption even began. The road to approving Energiewende had three significant breakpoints. First of them was the catastrophe of the nuclear plant in Chernobyl. It has strongly appealed to German society because, in the 1980s, the main energy sources were precisely nuclear power plants. In the aftermath, the Government implemented the first targets to decrease CO2. As a result, awareness of environmental issues started to shape. Secondly, in the 1990s, Germany adopted the Kyoto Protocol’s emission objectives, among rising understanding of a need for ’greener’ energy. Later, the 2015 Paris Agreement set 2050 as a deadline for decreasing emission levels. Lastly, the disaster of the nuclear plants in Fukushima stirred another national debate on the safety of such plants. It was a direct influence for the official inauguration of Energiewende by chancellor Angela Merkel in March 2011.
 

Energiewende has one significant, long-standing pillar in the German legal order. Adopted in 2000, afterward amended several times (most notably in 2014), the Renewable Energy Sources Act (Erneuerbare-Energien-Gesetz, EGG) contains some general energy transition aims such as proportionate diminishment of greenhouse gas emission until 2050. The main green energy sources promoted by the Act are solar photovoltaics, onshore wind energy plants, and biomass. Moreover, it sets some exact goals for the growth of power produced by renewable energy sources, it is the so-called ’deployment corridor’. The public has simplified access to a purchase of green technology due to a state funding scheme created especially for this purpose. Before the 2014 amendment of the EGG, fixed-price feed-in tariffs covered the difference between costs of green energy production and costs of everyday electricity consumption. The funding became possible by creating a special EEG-Umlage financed by contributions made by electricity consumers, including both firms and citizens. 

 

This funding opportunity was a primary factor that made Energiewende and its reformist approach a popular and approachable alternative to the old-fashioned energy production. Since 2017, renewable energy technology has been bought through auctions that abolished prices regulated by the Government and made acquiring green technology less centralised and more flexible.

 

In 2014, the implementation of Energiewende was heralded as one of the greatest successes and gave many other countries hope that with a proper attitude, social transformation is possible. As noted in the ’Fourth ’Energy Transition’ Monitoring Report’ published by Federal Ministry for Economic Affairs and Energy in 2014, energy consumption dropped by almost 5% since 1990, renewables made up for 30% of electricity sources and usage of public transport increased. 

 

Unfortunately, the downsides of such rapid energy transformations stroked in 2017, at the time when the 2014 amendment of EGG came to force. Energiewende was successful, but it proved that such change in the energy sector is costly and not as efficient as it was hoped. Especially this last factor caused the Government to reactivate some coal power plants which were turned off years ago. Consequently, electricity prices started to rise, causing a backlash among citizens who became sceptical of the Government’s intransigent approach. Moreover, despite implementing an auction system, the costs of renewables were still highly unprofitable for the Government due to a high number of companies exempted from contributing EEG-Umlage. 

 

Then again, a subsequent review of the emission goals, which are to be fulfilled in 2050 according to the Paris Agreement, showed that Germany would not achieve them. The reasons for such occurrence are deeply rooted in the German economy profile, which is based on world-famous motor concerns and transport companies that rely on their lorry fleets. Furthermore, the goal of million electric cars by 2020 was nowhere near being completed. 
 

Ultimately, the Government had to back out and did so by implementing the 2019 amendment of the Climate Protection Act 2000 by lowering 2050 emission goals. This action was met with an almost immediate answer from German youth, those who will be most affected by any delay in meeting 2050 goals. 

 

At that time, German public opinion focused on the villagers of the East Frisian island. In case of not meeting 2050 goals, the islanders would be faced with an inevitable drowning of their land due to the rising sea levels. Supporting the villagers, several environmental groups began an action before the highest constitutional court of Germany, Bundessverfassungsgericht (BVerfG). Having jurisdiction to decide on matters related to citizens’ rights, the court ruled on 29 April 2021 that due to a mentioned 2019 amendment, the Government breached its duty towards the young generation. Most importantly, BVerfG said that the change in emission goals deprived the youth of the ’fundamental right to a human future’. Thus, the judgment was named a landmark in environmental law and set an example for all the courts around the world to take environmental matters as seriously as other areas of the law. 

 

In summary, it could be said that Germany is one of the most advanced economies in the world. Therefore, chances of a similar energy transition may seem feeble for other countries. Presumably, German Energiewende had no visible impact on changing the worldwide emission rates because other countries are much more damaging polluters. 

Nevertheless, one has to observe that Energiewende, though imperfect, made a dream of sustainability and green energy less extravagant. Thus, more possible because of the advancement of environmental law, availability of practical solutions, and broad support.