Berlin's Landmark Initiative for a Car-Free City Gains Momentum

The Verfassungsgerichtshof Berlin has paved the way for the 'Volksentscheid Berlin autofrei', enabling its proponents to advance their proposal for a significant reduction in car usage within the city. The court deemed the initiative's request for a public vote lawful, countering the Berlin Senate's concerns regarding its constitutional viability.

Marie Wagner, a representative of the initiative, emphasized the necessity for Berlin's transportation policy to evolve. She advocates for a city designed for its residents, promoting vibrant neighborhoods and cleaner air.

The initiative's plan entails declaring most streets within the S-Bahn ring as 'autoreduced' after a transitional period of four years, with certain exceptions for federal roads. Under this scheme, private car usage would be limited to twelve trips per person annually, although exemptions would apply for individuals with disabilities, emergency services, and essential deliveries.

In response to potential alterations and restrictions stemming from the proposal, the court acknowledged that conditions could change, but emphasized that there is no entitlement to maintain the status quo indefinitely. The court clarified that its ruling did not determine whether Berlin would become car-free, leaving that decision to the city's residents.

The court's unanimous decision, with one dissenting opinion, confirmed that the proposed legislation aligns with both the Berlin constitution and federal law. The court underscored that the regional legislature possesses the authority to create new roadway conditions.

Legal representatives for the initiative expressed satisfaction with the court's comprehensive review, affirming that there is no constitutional right to unrestricted driving.

However, criticism emerged from the business sector, with the Association of Business Associations in Berlin and Brandenburg warning that such a stringent car restriction would adversely impact the region's economy.

This judicial decision marks a significant advancement for the initiative, which now requires the Berlin Parliament to deliberate on the proposal. The initiative's legal counsel urged lawmakers to heed public sentiment and adopt the legislation, arguing it would facilitate essential progress in climate and health protection regarding mobility in Berlin.

Despite this, the initiative anticipates that the Parliament may not adopt the law, preparing to commence the next phase of their public campaign instead. This step requires gathering a substantial number of supporters and funding, estimated to be in the six-figure range.

To advance, they must collect signatures from at least seven percent of eligible voters in Berlin, approximately 170,000 individuals, within four months. If successful, a public vote would ensue, determining the fate of the proposal based on majority support, along with the stipulation that at least one-quarter of all eligible voters participate.

Initially, the initiative gathered over 50,000 signatures in the summer of 2021 to launch the public campaign, surpassing the required 20,000 valid votes. However, further progress was hindered when the Senate sought a court review.