Germany

Germany has ratified all the protocols to the Alpine Convention.

Germany is a federal State. However, only the State of Bavaria (Bayern) is in the Alpine territory. Only texts from the federal and Bavarian legislation are compiled.

 

National jurisdictions are competent to determine whether articles of the Alpine Convention and its protocols can be directly applicable on their territories.

►  Decision of the 'Bayerischen Verfassungsgerichtshof', 13 September 2012

Article 11 (1) of the Conservation of Nature and Landscape Protection Protocol does not have any direct legal effect.

►  Decision of the 'Bayerischen Verfassungsgerichtshof', 16 March 2010

In Germany, the Alpine Convention and its protocols are on the same level as the law. Are only applicable directly provisions the content, objective and formulation of which are precise enough ("self-executing"). For the judge in this case, article 8§1 of the 'mountain agriculture' protocol is not precise enough and cannot be applicated directly.

Only the "Land" of Bavaria is in the perimeter of the Alpine Convention.


► Gesetz über den Schutz der Natur, die Pflege der Landschaft und die Erholung in der freien Natur, 23 February 2011

The present Law lays down provisions relating to the protection of nature, the care of the landscape and the recreation in free nature. The underlying principle of the Law is that nature and landscape have to be protected for future generations. Its particular aims are as follows: to conserve the beneficial effects of the nature, the capacity to regenerate and the sustainable use of natural resources; to conserve the flora and fauna including their living space; to conserve the diversity, beauty and regenerative value of nature.

► Bayerisches Wassergesetz, 25 February 2010

Article 35 of this law regulates the use of artifical snowmaking : authorization of new snow machines, environmental impact assessment, interdiction of additives.

► Verordnung über das Landesentwicklungsprogramm Bayern, 22 December 2009

A basic Ordinance in the field of land use planning in the Land of Bayern. The underlying principle of the present Act is that the environment and nature has to be safeguarded for future generations. Part B deals with nature and landscape; agriculture and forestry; energy supply; water ressources; technical environment protection. Eleven Annexes are enclosed.

► Gesetz über Naturschutz und Landschaftspflege, 29 July 2009

The present Act establishes that the conservation, preservation and development of nature and landscapes, both in populated and non-populated areas, shall be such as to effectively serve the following purposes: 1) to maintain the efficiency of the balance of nature, 2) to preserve the exploitability of nature's resources, 3) to conserve fauna and flora, and 4) to safeguard the variety, particularity and beauty of nature and landscapes.

► Bayerisches Rettungsdienstgesetz, 22 July 2008

Article 17 regulates mountain rescue service in Bavaria.

► Bayerisches Eisenbahn- und Seilbahngesetz, 9 August 2003

Part II of this law regulates the authorization, building and use of cable railways.