Legal Foundations of the Protection of Natural Resources
The term “protection of natural resources” describes in legal science and legislation the comprehensive protection of the environment and nature as an existential foundation of human life. It encompasses in particular soil, water, air, climate, animals, and plants as well as their interactions, and integrates aspects from environmental law, constitutional law, European law, and international law. Its legal significance is regulated at multiple levels of legislation as well as in international agreements and is institutionally anchored.
Constitutional Foundations in Germany
Art. 20a Basic Law
The Basic Law of the Federal Republic of Germany addresses the protection of natural resources through the introduction in 1994 of Article 20a GG The provision reads as follows:
“The state, also in responsibility for future generations, protects the natural foundations of life and animals within the constitutional order by legislation and, in accordance with the law and justice, by executive power and jurisprudence.”
With this article, environmental protection was established as an independent state objective at the constitutional level. The protection mandate is designed as a “cross-sectional task” and is directed at the legislature, executive, and judiciary. The state must take appropriate protective measures, although it retains broad discretion in their form. The provision serves as a guiding principle for legislation and interpretation of statutory regulations in the area of environmental protection.
Supplementary Constitutional Provisions of the Länder
The constitutions of most German federal states also contain their own provisions that protect the natural foundations of life and sometimes stipulate even more detailed protective rights. These provisions concretize the mandate for environmental and nature protection at the state level.
Statutory Implementation
Environmental Protection Legislation
The protection of natural resources has been implemented in numerous statutory regulations:
- Federal Nature Conservation Act (BNatSchG): Regulates the general and specific protection of nature and landscape, preservation of biodiversity, and protection of certain biotopes as habitats for many species.
- Federal Immission Control Act (BImSchG): Pursues protection against harmful environmental impacts on humans, animals, and plants as well as protection of the climate.
- Water Resources Act (WHG): Encompasses the protection and sustainable management of water bodies to secure their ecological functions.
- Circular Economy Act (KrWG): Serves the conservation of natural resources and promotes sustainable use through waste prevention and recycling.
- Federal Soil Protection Act (BBodSchG): Implements specific provisions for the protection of soil as an essential natural foundation and component of the environment.
In addition, there are numerous other laws and regulations at federal and state level that protect individual foundations of life—such as forests, species, air, or seas.
Material and Procedural Protective Instruments
Protection of natural resources is ensured through various instruments, for example:
- Area and object protection (e.g., protected areas, nature reserves, monument protection)
- Prohibitions (e.g., intervention bans)
- Permit requirements with environmental assessment procedures (including environmental impact assessment – EIA)
- Environmental decisions and official orders
- Public participation and legal standing rights for associations
European Law Dimension
Primary Law of the European Union
In the primary law of the EU, environmental protection and thus the protection of natural resources are expressly regulated. In the Treaty on the Functioning of the European Union (TFEU), environmental protection is a key objective (Art. 191 et seq. TFEU). The EU is obliged to ensure a high level of environmental protection, prevent environmental degradation, and use resources sustainably. The responsibility explicitly includes soil protection, water protection, biodiversity protection, and climate protection.
Secondary Law Regulations
The EU issues numerous directives and regulations—for example, Habitats Directive, Water Framework Directive, Air Quality Directives —that serve directly or indirectly to protect natural resources. These regulations must be transposed into national law or apply directly and establish framework conditions for environmental protection in the member states.
International Legal Foundations
Internationally, the protection of natural resources is also increasingly embedded. Key agreements at global and regional levels include, among others:
- Convention on Biological Diversity (CBD)
- UN Framework Convention on Climate Change (UNFCCC)
- Aarhus Convention (participation rights in environmental matters)
- Ramsar Convention (protection of wetlands)
- Bern Convention (conservation of wild animals and plants)
In these agreements, states commit to protecting natural resources, ensuring sustainable use, and conserving biodiversity. Implementation is based on national laws and guidelines.
Fundamental Legal Interests and Principles
Environment as a Protected Interest
The legal interest of “natural resources” is comprehensive and includes all factors necessary for the life and development of humans and natural diversity. In practice, this means:
- Preservation of the ecological functions of environmental media
- Conservation of genetic and biological diversity
- Ensuring healthy living and environmental conditions for present and future generations
Principles of Environmental Law
To specify and enforce the protection of natural resources, various principles of environmental law are applied, including:
- Precautionary principle: Potential environmental burdens are identified early and avoided or minimized.
- Polluter pays principle: Those who cause environmental damage must bear the costs.
- Cooperation principle: Public-private and cross-border cooperation to effectively promote environmental protection.
- Sustainability principle: Resources are managed so that their natural regenerative capacity is preserved.
Enforcement and Monitoring
Legal Remedies
There are various legal remedies to protect natural resources:
- Administrative legal protection by means of objection procedures and administrative court actions against environmentally harmful measures
- Legal standing for associations: Environmental and nature conservation organizations may, under certain conditions, have compliance with environmental regulations reviewed
- Individual rights of action (strengthened in particular by the Aarhus Convention)
Monitoring by authorities and institutions
Responsibility for implementing environmental regulations mainly lies with environmental administrations at federal and state level, specialized authorities such as the Federal Environment Agency, nature conservation authorities, as well as supranational instances within the EU and the UN.
Significance in Case Law
Courts have concretized the protection of natural resources in numerous decisions—for example, through climate rulings or by recognizing environmental basic rights in connection with health, property, or general personal rights.
The protection of future generations also plays a role in many judgments, especially regarding the implementation of the state goal of environmental protection.
Summary
The protection of natural resources is a complex, multilayered area of law with high significance for the common good, nature conservation, and sustainable development. It is constitutionally enshrined as a state objective in the Basic Law and many state constitutions, comprehensively detailed in statutory laws, and supplemented by European and international legal norms. Through a variety of legal principles and instruments, protection is implemented in practice and secured in disputes through legal remedies. The ongoing development of this area aims to ensure that natural resources are preserved for future generations.
Frequently Asked Questions
Which laws regulate the protection of natural resources in Germany?
The protection of natural resources in Germany is anchored in several legal provisions. The most important foundation is the Basic Law (GG), which expressly establishes the protection of natural resources as a state objective in Article 20a. In addition, there are numerous special laws in environmental law, including the Federal Nature Conservation Act (BNatSchG), the Federal Immission Control Act (BImSchG), the Water Resources Act (WHG), and the Circular Economy Act (KrWG). Furthermore, the Construction Code (BauGB), the Environmental Damage Act (USchadG), and various regulations at the state level play a significant role. Supplementary European and international regulations (such as the Flora-Fauna-Habitat Directive or the Paris Climate Agreement) also provide for the comprehensive protection of natural resources.
Who is responsible for the enforcement of laws protecting natural resources?
A wide range of actors is responsible for enforcing the relevant provisions. This includes, at the federal level, in particular the Federal Ministry for the Environment (BMUV), and at the state level, the respective state environment ministries and subordinate authorities, such as environmental offices, nature conservation authorities, and water authorities. In addition, specialized courts, in particular administrative courts, decide on legal disputes between citizens, companies, and authorities. Certain tasks, such as immission control or waste management, may also be transferred to private companies or third-party contractors, although they remain subject to legal requirements and state supervision.
Which legal remedies are available to citizens to assert the protection of natural resources?
Citizens can make use of various legal remedies: They have a subjective right of action in certain circumstances, for example, through so-called environmental association lawsuits pursuant to the Environmental Legal Remedies Act (UmwRG), which allows recognized environmental associations to take legal action against environmentally relevant plans and projects. Individual persons may be entitled to sue under certain conditions, such as if they are themselves and directly affected (protection of subjective rights). In addition, the Environmental Information Act (UIG) gives a right of access to official environmental information. So-called objections in the respective administrative procedure can also be filed to influence official decision-making processes.
What role do environmental impact assessments (EIA) play in the legal context of protecting natural resources?
Environmental impact assessments (EIA) are a key instrument in environmental and nature conservation law. They serve to systematically record and evaluate the effects of planned projects (such as infrastructure projects, industrial facilities, or major construction projects) on the environment. The obligation to conduct an EIA arises from the Environmental Impact Assessment Act (UVPG). The results of the EIA must be bindingly taken into account by the competent authority when making decisions. They ensure that all relevant environmental aspects, including nature, landscape, water, air, climate, and biodiversity, are considered in advance and made publicly transparent. An EIA is a prerequisite for the issuance of many environmentally relevant permits.
To what extent does administrative offence and criminal law protect natural resources?
Administrative offence and criminal law represent a repressive protection mechanism. Certain violations of environmental regulations—such as illegal waste disposal, water pollution, or actions harmful to protected species—are penalized as administrative offences or criminal acts. Key criminal provisions can be found in Section 29 of the Criminal Code (StGB, Environmental Criminal Law), for example regarding the unauthorized handling of hazardous waste (§ 326 StGB) or water pollution (§ 324 StGB). Administrative offences are penalized by administrative authorities with fines and, in cases of serious violations, can be existentially threatening.
Are there preventive measures under German law to safeguard natural resources?
Yes, German law heavily relies on the preventive protection of natural resources. This includes permit and notification requirements for certain projects (e.g., industrial facilities under the BImSchG), environmental impact assessments (EIA), reporting obligations for hazardous substances, and comprehensive planning requirements in building and water law. Precautionary principles serve as guiding ideas throughout numerous laws, for example, in dealing with hazardous substances or in flood protection. The aim is to prevent or at least reduce risks as much as possible before any damage occurs.
What is the significance of European legal requirements for German law regarding the protection of natural resources?
German law on the protection of natural resources is heavily influenced by European legal requirements. Important directives such as the Water Framework Directive, the Habitats and Birds Directives, as well as various sectoral environmental requirements, are implemented through national laws and regulations. These European requirements are binding and set a uniform minimum protection standard, which in some cases even goes beyond national requirements. The jurisprudence of the European Court of Justice (ECJ) also has a direct effect on German proceedings, for example by expanding citizen and association standing rights or the obligation to involve the public.
