Possibly unconstitutional
Court of Auditors sees risks at Deutschlandticket
03/14/2023 4:54 p.m
The 49-euro ticket should come on May 1st after a long dispute. However, the Federal Court of Auditors sees legal pitfalls: because the federal states are responsible for local transport, the federal government may be overstepping its creative powers, the authority argues.
In a report to the budget committee on the planned 49-euro ticket, the Federal Audit Office (BRH) drew the legislator’s attention to legal risks. In particular, it is “constitutionally questionable” if the introduction and specific design of the ticket comes about through an agreement between the federal and state governments, the letter says.
According to its own statements, the BRH thus confirms arguments that various ministries had also put forward in the legislative process. The Federal Ministry of Transport, for example, has emphasized that the introduction of the offer for local public transport (ÖPNV) requires a state treaty between the states. “The influence of the federal government is extremely limited.”
Report gathers country concerns
The budget committee is currently working on an amendment to the so-called regionalization law for the introduction of the 49-euro ticket. The additional paragraph for the law is mainly about the financing of the ticket. The federal and state governments agreed last year to each bear half the cost of the Deutschlandticket. In this context, the BRH points to legal limits, because according to the Basic Law, the organization of public transport is exclusively a matter for the federal states. The report addresses the concerns of the ministries that “an obligation imposed by the federal states to co-finance the Germany ticket” is “risky” with regard to the Basic Law.
The 49-euro subscription should apply from May. With it, users can travel by bus and train nationwide in regional transport for initially 49 euros per month. The offer is the successor to the 9-euro ticket that was offered for three months last summer. Some states are also considering special rules: Bavaria, Lower Saxony, Mecklenburg-Western Pomerania and Saarland are considering another discounted option for students, trainees or senior citizens.