The Berlin Constitutional Court has announced that it is possible to accept a referendum on “No Berlin Auto”, paving the way for a possible substantial reduction in auto traffic. [emphasis, links added]
The court held that the purpose of promoting health and climate protection was a legitimate legislative goal and that the draft does not infringe on fundamental rights.
There is no constitutional right to use the road.
The intention of the initiative is a car-free center of Berlin, where private travel will be limited to only 12 per person.
For police, emergency services and people with reduced mobility, the exception is the exception. Delivery traffic and special circumstances such as services will be able to be approved digitally.
Supporters believe that the goal is not to replace combustion engines with electric cars, but to reduce the total number of vehicles around the city center.
“We have won the victory: Berlin's future belongs to safety, climate protection and the health of all Berliners, not unconstrained auto traffic,” Volksentscheid Berlin Autofrei (No referendum Berlin Auto) said in a statement.
170,000 signatures required for referendum
Next, the initiative must collect 170,000 signatures within four months for a binding referendum.
However, the initiative faces opposition from various groups. Business associations, such as those in Berlin and Brandenburg (UVB), warned that a widespread vehicle ban would hit the economy in the capital region severely.
They are concerned about customer access, especially for businesses that rely on delivery services or travel by car.
There are also concerns that restricting the use of cars will interfere with property rights as car owners in affected areas are restricted in how to use vehicles near the house.
Many residents and businesses rely on cars for daily commuting, delivery and other activities. The proposed restrictions allow 12 private trips per person per year within the city's S-Bahn ring.
Critics also point to the current state of public transport infrastructure, expressing concerns about “important bottlenecks” and if a large number of car users turn to public transport, there will be “important bottlenecks” and overcrowding.
Despite Berlin's extensive public transport network, it may not be powerful enough to handle such a huge shift.
The conservative Senate, led by Kay Wegener City Mayor (CDU), is currently leading the Senate, which has actively opposed traffic reduction policies, opposition to expansion of bike lanes, speed limits and lower parking spaces. Residents should be able to choose their mode of transportation, including cars.
Although the court believes the initiative is legally allowed, there are still many obstacles, including a potential referendum. Past experience of referendums in Berlin shows that implementation can be challenging due to political resistance.
There are also some questions about how to enforce the 12-time limit per person, which raises concerns about bureaucracy and data privacy.
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