A farm from Timmel in East Frisia has filed a constitutional complaint against the fertilizer ordinance with the Federal Constitutional Court. This means that the rules that were amended in March 2020 despite massive farmer protests (EUWID 14.2020) will be fundamentally called into question for the first time, announced the interest organization of family farms “Free Farmers” yesterday, which is responsible for the political representation of the project.
The financial carrier of the complaint is, according to its own information, from the “tractor movement” last year, the interest group “Land Creates Connection” (LsV) Ostfriesland.
The complainant Jens Soeken attaches importance to the statement that his constitutional complaint does not attack the legitimate goal of groundwater protection, but rather the many, in his opinion, pointless management requirements for the vast majority of farms that work in natural cycles and therefore do not damage the groundwater at all could do: “If the state tells me that I can no longer feed my plants with my own organic fertilizer as needed, then that is economically and ecologically wrong and it is also legally untenable.”
Lawyer sees the principle of equality of the Basic Law violated
Attorney Dr. Konrad Asemissen from the Potsdam law firm HSA Rechtsanwälte Henschke & Partner, who represents Soeken, sees the principle of equality of the Basic Law violated for his client, according to which the legislature is obliged to treat different issues differently: “Where there is no nitrate pollution, the more stringent requirements are the application of fertilizers is not necessary, “said the lawyer.
You can read the full article in one of the upcoming issues of EUWID Wasser und Abwasser, which are usually published on Tuesdays as e-paper and print media. The specialist newspaper provides readers with compact information on the relevant developments in the water and wastewater industry with tight time budgets.
Not a subscriber yet? With a test package you can try out all information modules of EUWID water and wastewater (including print edition, e-paper, archive and top news) free of charge and without obligation.
–
– .
