Order of 9 July 2026
2 BvE 3/26
Building Modernisation Act
In an order published today, the Second Senate of the Federal Constitutional Court dismissed an application in Organstreit proceedings concerning the design of the legislative process for the Building Modernisation Act (Gebäudemodernisierungsgesetz). The applicants – two members of the German Bundestag and a Bundestag parliamentary group – assert that their participation and information rights have been violated on the grounds that the Federal Government failed to provide the necessary information for the legislative process and that the German Bundestag is nevertheless pressing ahead with the adoption of the draft act.
The application is inadmissible. The applicants lack legal interest. They have failed, before lodging an application in Organstreit proceedings, to inform the respondents of their view that their rights as parts of a constitutional organ have been violated.
It was not evident for the Federal Government that the applicants, in requiring sufficient explanatory notes on the draft act, invoke their right as parts of a constitutional organ, regardless of the question whether such a right exists. It could not immediately be inferred from the statements made by the applicants in the context of the first reading of the draft act that they not only contend that the proposed act is unconstitutional, but also invoke a right in their capacity as parts of a constitutional organ to be provided with sufficient explanatory notes on the draft act. In regard to the responses to their questions, the applicants neither indicated to the Federal Government which of them they considered to be inadequate and what additional explanations they sought. The applicants also did not raise their objections regarding the legislative process (the ‘pressing ahead’ that they consider unconstitutional) with the Bundestag, failing to clearly state that they see a conflict regarding the rights and duties of constitutional organs.