A dispute between the Green Party and Federal Agriculture Minister Alois Rainer (CSU) regarding the rights of the Bundestag is reaching the Federal Constitutional Court. On Tuesday, the court will hear a motion filed by the Green parliamentary group in Karlsruhe. The case concerns the abolition of the so-called “material flow balance ordinance” for farms; the Greens argue that Rainer should not have scrapped it without involving Parliament. (Case No. 2 BvE 15/25)
The regulation was introduced in 2018 by the “Grand Coalition” government of the time. It required farms above a certain size to keep records of the nutrients entering the farm—such as those contained in fertilizers or animal feed. They were also required to document the amount of nutrients leaving the farm—for instance, in the form of liquid manure.
The measure stemmed from a long-standing dispute with the EU Commission regarding excessive nitrate levels in groundwater across many parts of Germany. In 2018, the European Court of Justice ruled against Germany, finding that insufficient action had been taken to address the problem over the years. In 2023, the “traffic-light” coalition government initiated a further reform of the Fertilizer Act, prompting the EU Commission to finally drop its infringement proceedings; however, this legislation ultimately failed due to opposition from the federal states.
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Following the collapse of the “traffic-light” coalition and the subsequent federal election, the Union and the SPD agreed in their 2025 coalition agreement to abolish the Material Flow Balance Ordinance. In July, the newly appointed Minister Rainer revoked the regulation. He justified the move by citing, among other reasons, the need to reduce bureaucracy in the agricultural sector.
“We are not replacing environmental protection with the reduction of red tape; rather, we are pursuing both goals,” he emphasized. He stated that there would be no negative impact on groundwater quality, as the technical requirements would remain in place. In late April, the federal cabinet approved an amendment to the Fertilizer Act.
The Green Party criticized the decision to scrap the ordinance. “The material flow balance would have helped identify the sources of pollution and exempt farms that use water-friendly fertilization practices from regulatory burdens,” they stated. They appealed to the Constitutional Court, arguing that the ordinance had been abolished without the involvement of the Bundestag—a move they described as a “flagrant violation of parliamentary rights.”
The parliamentary group argues that the Fertilizer Act mandates the issuance of the ordinance. Any amendment or repeal must be submitted to the Bundestag beforehand so that the legislature can decide whether to reject or modify the changes.
Specifically, the Green parliamentary group seeks a ruling establishing that Rainer infringed upon the Bundestag’s rights of self-determination, participation, and oversight—rights enshrined in the Basic Law. The court intends to determine during the oral hearing whether such an infringement actually occurred. A ruling is not expected on Tuesday; judgments are typically announced several weeks or months after the hearing.
Author: AFP
Sources: AFP Press Portal