Rationierungsmodelle zwecks Klimaschutzes im demokratischen Verfassungsstaat

Abstract

As a result of sector coupling, the demand for electricity from renewable energies and green hydrogen is increasing enormously. Rationing could therefore become necessary, at least for a limited period of time. Allocation via the price, as in European emissions trading, reaches its limits in the event of real scarcity because it then leads to indirect discrimination against poorer people. Two models of needs-based allocation are therefore being discussed: a model based on the British war economy from 1939 and a system of tradable Personal Carbon Allowances. Both concepts cause considerable legal problems, but these are not unsolvable from the outset. These relate to integration into the multi-level system of climate protection, compatibility with fundamental rights to freedom and equality and data protection. In view of the lack of acceptance of rationing and the over-complexity of a comprehensive system of personal carbon allowances, they do not appear to be politically or economically feasible in their pure form. However, some findings can be used profitably. Against this background, the introduction of Personal Carbon Allowances should initially be considered on a narrowly sectoral basis. However, their acceptance requires at least the integration into an internationally compatible system of climate protection.