National Sustainability Strategy

National Sustainability Strategy

Term and Definition

Die National Sustainability Strategy (NSS) refers to a governmental steering and action instrument that sets out the strategic direction and implementation of sustainable development at the national level. It serves to specify and operationalize the international sustainability goals, in particular the objectives of the United Nations’ 2030 Agenda (‘Sustainable Development Goals’, SDGs), at the level of the respective nation states. The core of the strategy is the lasting balance between ecological, economic, and social interests, taking into account inter- and intragenerational justice.

Historical Development and Legal Framework

International Legal Foundations

The national sustainability strategy is embedded within several references in international law:

• Agenda 21 (1992, UNCED/Rio Conference): Encourages national action plans for sustainable development.
• 2030 Agenda (2015, UN): Adopted by 193 states, it contains the 17 Sustainable Development Goals (SDGs).
• UN Conventions (Climate Protection, Biodiversity, Desertification): Set goals and obligations in the field of sustainability.

References in European Law

The European Union has also developed programmatic sustainability strategies (e.g. EU Sustainability Strategy, ‘Green Deal’, EU Climate Law). Individual EU directives and regulations incorporate the concept of sustainability and require its consideration in national implementation (e.g., CSR Directive on sustainability reporting for companies).

Implementation in National Law (Example of Germany)

At the national level, the NSS forms the guiding principle for sustainable statehood and societal development. In Germany, responsibility lies with the Federal Government, which reports to the Bundestag on a regular basis through progress reports (§ 1 para. 2 RNE Act). There is no statutory obligation to implement national sustainability strategies – except for certain exceptions, e.g., specific corporate sectors. Nevertheless, the German Constitution requires sustainable resource management (Art. 20a GG – environmental protection as a state objective) and obliges the administration to pursue sustainable development.

Objectives and Contents of the National Sustainability Strategy

Basic Concept and Goals

As a national steering instrument, the NSS pursues the following core objectives:

• Long-term safeguarding of ecological living conditions (climate protection, resource conservation, biodiversity)
• Promotion of social cohesion (combating poverty, educational equity, health)
• Economic performance and innovation
• Intergenerational justice and international responsibility

Areas of Action and Indicators

The strategy comprises defined areas of action (e.g. climate protection, energy, agriculture, transport, education, social integration) and includes the establishment of quantitative and qualitative indicators. Monitoring is carried out using indicator systems (e.g., sustainability indicator ‘greenhouse gas emissions per capita’). The achievement of targets is regularly reviewed, and the strategy is continuously updated.

Legal Establishment and Effect

The NSS owes its legal effect primarily to its integration into government programs, laws, ordinances, state budgets, and through references in planning and approval processes. It has a normative influence on:

• Legislation: Consideration of sustainability objectives in the drafting of new laws (e.g., Climate Protection Act, Federal Nature Conservation Act)
• Administrative Action: Obligation to examine sustainability issues in administrative procedures
• Reporting Obligations: Obligation for public and private institutions to provide sustainability reports (e.g., under the German Commercial Code/CSR-RUG)
• Planning Law: Consideration in spatial planning, urban land-use planning and environmental impact assessment
• Budgetary Law: Sustainability criteria as part of budget preparation

Steering, Implementation, and Control

Institutional Steering

Coordination is often carried out by an interdepartmental body, in Germany for example the State Secretaries’ Committee for Sustainable Development under the leadership of the Federal Chancellery. The German Council for Sustainable Development serves as an advisory body.

Reporting Obligations and Monitoring

In addition to periodic progress reports, the NSS also provides for indicator-based monitoring procedures and external evaluations. The Federal Statistical Office regularly publishes so-called ‘indicator reports’ to measure the level of target achievement.

Legal Implementation

Implementation takes place through legal provisions (laws, ordinances), political discretionary decisions (e.g., public procurement according to sustainable criteria in line with procurement law), funding programs, or through private sector steering instruments such as certifications and Corporate Social Responsibility (CSR).

Dogmatic Legal Assessment and Binding Legal Effect

Legal Nature

The national sustainability strategy is primarily a programmatic steering instrument without direct effect on private parties, but it has a legal steering function through:

• Interpretative Standard: It serves as an aid in the interpretation of indeterminate legal terms in sectoral legislation.
• Obligation for Public Administration: It binds the administration within the scope of its discretionary powers.
• Guiding Effect in the Legislative Process: It has an indirect effect on the drafting and amendment of laws.

Binding Effect for Companies and Private Stakeholders

Depending on sector-specific laws, direct or indirect obligations arise from the strategy (e.g., CSR reporting requirement, sustainable investment, supply chain due diligence under the Supply Chain Act).

Relationship to Other Steering Instruments

The NSS stands in the context of further strategies (e.g., climate protection strategy, resource efficiency strategy) and is interconnected with cross-sectoral laws such as the Federal Climate Protection Act (KSG), the Energy and Climate Fund, or the National Bioeconomy Strategy. At the state level, there are complementary sustainability strategies of the federal states.

Criticism, Further Development, and Outlook

The strategy instrument is sometimes criticized for lacking enforceability and for having the character of soft law. There is a need for reform regarding stronger legal bindingness, integration into legal norms, and more effective oversight. The aspects of transparency and participation, which are entrenched in the principle of the rule of law, require the continuous development and reinforcement of the legal implementation of sustainable development.

References

• Federal Government: ‘German Sustainability Strategy’, currently available edition
• Art. 20a German Basic Law
• Law on Reporting of Corporate Sustainability Activities (CSR-RUG)
• European Commission: ‘Green Deal’ and EU Sustainability Strategy
• United Nations: ‘2030 Agenda – Goals for Sustainable Development (SDGs)’

This article provides a detailed legal overview of the national sustainability strategy as an instrument for steering sustainable development and highlights its legal foundations, implementation, and impacts on politics, administration, and society.

Frequently Asked Questions

What are the legal foundations for the National Sustainability Strategy in Germany?

The legal foundations of the National Sustainability Strategy (NSS) in Germany are essentially based on an interplay of national constitutional law, European law, and international obligations. Central is the Basic Law, in particular Art. 20a GG, which obliges the state to protect the natural foundations of life. At the European level, the sustainability goals of the EU (European Green Deal, EU Directive on Sustainability Reporting by Companies/CSRD) as well as international obligations from the United Nations 2030 Agenda with its 17 Sustainable Development Goals (SDGs) are particularly relevant. The NSS itself is not a formal law, but a political-strategic steering instrument of the Federal Government; it has legal effect above all indirectly, for example through subordinate programs, federal laws or ordinances that explicitly refer to the strategy. Implementation is also flanked by budgetary provisions and reporting obligations.

What is the legal bindingness of the National Sustainability Strategy?

The National Sustainability Strategy is not a directly binding law or ordinance. Rather, it is a political guiding document of the Federal Government, adopted in the form of a Cabinet decision, and therefore primarily constitutes a self-commitment of the executive. However, it does have an indirect legal effect: Many subsequent laws, programs, and ordinances adopt and concretize the guidelines and objectives of the NSS as legally binding, for example in the Climate Protection Act, Circular Economy Act, or public budgetary law. Furthermore, the strategy influences legislation by requiring state actors to take the objectives and metrics of the sustainability strategy into account when designing regulations (principle of internal administrative self-commitment). In the area of public procurement, sustainability goals must also be observed in award procedures due to European legal requirements.

What reporting and monitoring mechanisms does the NSS provide from a legal perspective?

The NSS establishes various mechanisms to legally ensure transparency and oversight: The Federal Government is required to adopt a regular progress report on the implementation of the strategy in the federal cabinet and to present it to the Bundestag and the public. In the course of this reporting, it is checked to what extent the objectives have been achieved and what further measures are necessary. In addition, the Parliamentary Advisory Council for Sustainable Development acts as a monitoring body, ensuring compliance with and further development of sustainability goals and issuing statements. Furthermore, the Federal Government is required to determine indicators that allow the progress to be evaluated objectively. Although these reporting obligations are primarily political, they gain de facto binding effect through their inclusion in government resolutions and public oversight, fostering transparency and compliance with the strategy.

How is the implementation of the NSS legally structured at the federal state level?

In Germany’s federal system, the implementation of the national sustainability strategy is legally a shared responsibility: While the federal government is responsible for overarching strategies and setting central guidelines, the implementation of many specific goals falls to the states and municipalities. A special legal basis is provided by the so-called ‘Joint Committee for Sustainable Development’, in which the federal and state governments coordinate their activities and agree on legal arrangements. The specific legal bindingness is usually created at the state level through decrees, strategies, or state laws that explicitly refer to the NSS or adopt its goals. Furthermore, federal laws often provide enabling provisions that allow the states to implement the objectives of the NSS through their own ordinances.

What is the significance of sustainability indicators from a legal perspective?

The sustainability indicators in the NSS are central legal benchmarks used for the control and steering of political measures. However, by their nature, they are not legal norms, but rather targets and orientation values that guide legislation and enforcement. Their legal relevance results from the fact that laws and regulations increasingly refer to them and use them as a standard for administrative action or budgetary decisions. In practice, therefore, the indicators are essential for justifying measures, programs, or funding notices, as well as for judicial review of government decisions – especially when the achievement of sustainability goals is explicitly defined as a target or purpose of legislation.

In what way are companies legally affected by the NSS?

Although the NSS primarily serves as a strategy document for government action, certain legal consequences arise for companies. On one hand, laws enacted to implement the NSS (such as the Climate Protection Act, Supply Chain Due Diligence Act, or Energy Industry Act) establish specific legal obligations for companies. On the other hand, public funding programs or procurement procedures affect the economy, for example, by making sustainability aspects statutory selection criteria for government grants and contracts. In addition, within the framework of the CSRD (Corporate Sustainability Reporting Directive), companies are required to disclose their sustainability strategies and measures; this reporting is generally based on the objectives and indicators of the NSS.

What impact does the NSS have on national legislation and jurisprudence?

The NSS influences national legislation in a variety of ways: On the one hand, legislators and the executive commit themselves to aligning new legal provisions with the goals of the NSS (so-called ‘sustainability check’), which is particularly considered in regulatory impact assessments. On the other hand, specific regulations—such as in environmental, energy, or social law—are increasingly geared towards the objectives and indicators of the NSS. In jurisprudence, the strategy is occasionally used as an aid in interpretation to determine legislative intent or further specify indeterminate legal terms (such as ‘public welfare’ or ‘sustainable development’). While the NSS is not a direct legal source for the courts, it can in borderline cases contribute to judicial decision-making, for example in balancing competing interests in approval procedures.