The impact of local government on more sustainable transportation in Germany

Given that 20 percent of Germany’s total greenhouse gas emissions in 2022 were attributable to transportation, with approximately two-thirds of this figure arising from private vehicles, there is scope to reduce GHG-emissions. Furthermore, Germany’s urban areas are particularly densely populated, which results both in noise and exhaust emissions and in the distribution of urban space between private vehicles and other interests in the use of public space.¹ This highlights the necessity for new approaches to urban transportation. These reasons, among others, have lead to considerations on how to implement more sustainable means of transportation in Germany.

Local governments in Germany have several options to encourage the shift towards more sustainable means of transportation. In some cases, these possibilities and their legal frameworks emerge from ordinary laws. In others, the right to take actions arises directly from the constitutional rights of local governments. Art. 28(2) of the German Basic Law grants local governments the "right to self-government". This includes the right to fulfil all tasks independently at every level of local government.

Local governments in Germany exist in two forms: two-tier and single-tier. Single-tier local governments are typically larger municipalities, whereas smaller municipalities are usually part of the two-tier system. In this instance, the municipality represents the first-tier local government, while a county (Landkreis) constitutes the second-tier local government and is situated within the boundaries of several first-tier municipalities. Furthermore, municipalities even have the constitutional "right to regulate all local affairs on their own". If a matter is considered to be limited to a local municipal area, municipalities are legally entitled to take action independently on that matter. In contrast, counties are constitutionally restricted to self-government "within the limits of their functions designated by a law".

Germany is a federal state in which the further legislation concerning local governments lies with the provinces’ (Länder) jurisdiction. Consequently, regulations on local governments and their responsibilities can differ from province to province. Nevertheless, the legal framework in question is comparable apart from some minor details.

One of the most powerful and promising ways to implement a more sustainable transportation system is by planning and conceptualizing. As alternatives for GHG-emitting private vehicles often depend on certain infrastructures, municipalities can encourage their use by offering these. Examples could include special lanes for walking and cycling only, public charging stations for battery-powered electric vehicles, or mobility hubs where sharing services are available. The provision of this type of infrastructure is considered a local matter within the jurisdiction of a municipality, as such the municipality is able to implement it.

In urban areas, public transit represents a particularly promising substitute for private vehicles. In single-tier local governments, municipalities are primarily responsible for planning and ensuring an adequate public transit system. In a two-tier system, this task is typically performed by counties.² It is vital that public transit be provided, as it constitutes a service of general interest.³ In most provincial laws on public transit, this is even mentioned explicitly.⁴ However, in rural areas, traditional forms of public transit such as buses, are often inadequate and insufficient as an alternative.⁵ Some provincial laws on public transit acknowledge this discrepancy and differentiate between urban and rural areas.⁶ Some even highlight the necessity for alternative forms of public transit in these contexts, such as on-demand services.⁷

Moreover, local governments themselves can transition to more sustainable transportation modes. By procuring clean vehicles they also serve as role models. The “Saubere Fahrzeuge Beschaffungsgesetz” even establishes certain minimum targets for the procurement of clean vehicles - adopting the European Clean Vehicles Directive (Directive 2009/33/EC). Furthermore, infrastructure such as charging stations for public spaces can be procured, ensuring that its provision does not depend on providers offering their infrastructure voluntarily as part of a local concept.

In addition, as a consequence of their right to regulate all local matters, municipalities are permitted to subsidize their inhabitants’ efforts to switch to more sustainable modes of transport, provided that this is considered a matter limited to a particular locality. This might concern subsidies when purchasing electric bikes or charging stations as in the case of Munich´s “Förderprogramm Klimaneutrale Antriebe” funding program.

Local governments are encouraged to collaborate with one another in order to secure a more sustainable transportation network. This is particularly important when it comes to public transit that connects urban and suburban areas. As many people commute into urban areas for work, there is a high potential for reducing GHG-emissions and the use of private vehicles in these areas. In rural areas, collaboration can help to pool resources and provide sustainable transportation infrastructure in the most efficient way.

In conclusion, there are numerous avenues through which local governments can influence the development of a more sustainable transportation system. Regardless of the specific context – whether urban, suburban, or rural –local governments at all levels can select from a range of instruments and combine them in a manner that is most promising for their particular circumstances. This approach is conducive to reducing GHG emissions in the transport sector and fostering more livable cities.