Referendum to ban cars in central Berlin can go ahead

Berlin’s Constitutional Court has ruled that a campaign to ban cars and other private vehicles in the city centre can proceed to the next stage, paving the way for a referendum.

Car-free Berlin campaign can go ahead, court rules

The Constitutional Court in Berlin has ruled that the “Autofrei Berlin” (Car-free Berlin) campaign can go ahead with plans to hold a referendum on whether the city should essentially ban cars and other private vehicles within the S-Bahn ring.

In 2022, the Berlin Senate examined the Autofrei draft law and deemed it to be constitutionally questionable. The Constitutional Court has now ruled that the draft law is compatible with the Berlin Constitution and Federal Law. 

What would a car ban in Berlin look like?

Autofrei Berlin proposes that private vehicles be severely restricted on roads within the S-Bahn ring, an 88-square-kilometre area that encompasses all central districts.

Private vehicle journeys within this area would be possible 12 times per year, per person. Campaigners propose that drivers would be able to easily obtain authorisation for these 12 annual private journeys on the internet.

There would be no limitations on the fire brigade, rubbish collection vehicles, taxis, delivery or commercial vehicles. Public transport would be significantly expanded to accommodate new passengers.

What are the next steps for Berlin Autofrei?

The Constitutional Court’s ruling means that the movement could hypothetically hold a referendum. First, however, the campaign must collect petition signatures from at least 7% of Berlin’s eligible voters (170.000 people) within a four-month window.

If they clear this hurdle, they can hold a referendum. If at least a quarter of eligible voters cast their ballots in the referendum, and a majority of voters approve the draft law, the campaign would be successful. It would then be up to the Senate to implement the new rules. 

The Senate is obliged to implement referendum results, but as has proven with the Berlin referendum to nationalise 240.000 houses and apartments, this doesn’t always happen. Though 59,1% of eligible residents voted in favour of the motion in 2021, the Senate is yet to implement any changes.