A New Type of Constitutional ‘Pathway Review’ for Climate Change Mitigation: The Case of German Climate Litigation Since 2021

Abstract This article examines a specific type of constitutional review emerging in the context of climate litigation. It suggests that a new type of climate neutrality pathway review is taking shape. To substantiate this claim, the article draws on German climate litigation as a case study. It shows that, while the landmark climate ruling of the Federal Constitutional Court has prompted subsequent litigation in constitutional, administrative, and civil law contexts, its legal impact has remained limited. Most notably, the decision has established substantive criteria for the constitutional review of climate policy planning—in particular, whether the legislature has defined and complies with Germany’s pathway to climate neutrality. This article examines how recent findings shed light on the role of constitutional courts in climate litigation and explores the implications of this novel form of review for understanding the interplay between constitutional adjudication, legal reasoning, and political judgment.