1 Introduction
Climate change is one of the greatest challenges of our time and represents a cross-cutting and cross-sectoral question that requires prompt answers at all levels of governance, on the one hand, and effective cooperation between different public and private parties, on the other.1
Whilst the climate targets are set and discussed at international level, their implementation falls within the scope of action of each state and, within each state, of their respective subnational entities. As highlighted in the Introduction, subnational governments may play a pivotal role in the advancement of the fight against climate change and hence represent the focus of our analysis. Indeed, subnational authorities are to be regarded as important actors, not only in respect of the implementation of international and national climate policies and regulations, but also for the adoption on their own initiative of subnational climate policies, for the integration of climate objectives in sectoral policies at subnational level and, finally, for the establishment, within their sphere of competencies, of the institutional and legal framework to deal with climate change at subnational level.
Though climate change is a global problem, its local and regional impacts vary, leaving subnational authorities that are the closest to the territory to take targeted actions. In the Alpine space, the selected case studies2 of
Although the effects of decentralization on climate change integration are still debated,5 in decentralized contexts, such as Austria and Italy, climate change requires coordination between different levels of government. Indeed, subnational entities such as the Länder in Austria, and the regions and autonomous provinces in Italy, hold exclusive or shared responsibilities with the Bund or the state in fields that are significant for the achievement of the internationally set climate goals.
Against this backdrop, the following analysis aims to investigate how the two Autonomous Provinces of Trento and Bolzano/Bozen and the Länder Tyrol and Vorarlberg address the challenges of climate change, considering which frameworks and structures have been put in place to integrate climate change policies in sectors where they exercise – exclusive or shared – legislative powers.
2
2.1 Setting the Context: The Italian Perspective
2.1.1 Climate Change in Light of the Constitutional Division of Competences
The Autonomous Provinces of Bolzano/Bozen and Trento enjoy unique status in the Italian legal system, comparable to a special statute region. They are entitled to exercise legislative power on a wide range of matters, some of which are exclusive, while others are de jure or de facto shared competences. The legal foundation for the provincial catalogue of competences is the Autonomy Statute of 1972 that was approved with d.p.r. 670/1972 (Approvazione del Testo Unico delle Leggi Costituzionali concernenti lo Statuto Speciale per il Trentino-Alto Adige), which must be read in compliance with the Italian Constitution, as reformed in 2001. Where the 2001 constitutional reform provided ordinary statute regions with a greater degree of autonomy, this has to be extended to special statute regions (and therefore the two Autonomous Provinces) as long as their statutes are not updated (the so-called “clausola di maggior favore” ex article 10, Const. l. 3/2001).
Under this legal framework, the governance of climate change is not a subject matter per se and, as such, is not included either in the Autonomy Statute’s catalogue of provincial competences or in the Constitution. Similarly, the governance of climate change is not contained within a single sectoral policy, but mitigation and adaptation measures are transversal to a number of other policy fields, both of provincial exclusive and shared competence (such as transport, energy, water, and spatial planning). In other words, the success of any climate policy at provincial level depends on the extent to which the two Autonomous Provinces are able to include climate-related objectives in the related sectoral policies.
In this regard, in order to evaluate how much room for maneuver subnational entities have compared to the center, it is essential to understand which government level holds specific competences. As explained in Chapter 2, legislation on environmental protection (and climate change, as implicitly subsumed under environment) is an exclusive national competence of the state, yet according to the Autonomy Statute of 1972, the Provinces of Trento and Bolzano/Bozen hold exclusive or shared powers over matters that overlap with environmental protection, including landscape protection, hunting, and fishing, fauna and flora protection, and forest protection (article 8). In this regard, the Court has clarified that Autonomous Provinces may only regulate those aspects explicitly mentioned by the Statute, as an overall provincial
2.1.2 Allocation of Competences in the Sectors Analyzed in the Book
Besides environmental protection, relevant provincial sectoral policies that integrate climate change measures at subnational level are transport, energy and water management, and spatial planning.
Transport is a highly relevant sector when it comes to mitigation of climate change, as one of the key strategies is precisely the reduction of greenhouse gas (ghg) emissions from transportation. According to the Italian Constitution, the related competence is shared between the national and the regional levels (article 117(3) Constitution). This is the legal background when considering the ordinary statute regions. On the contrary, in the case of the two Autonomous Provinces, the legal foundation is the Autonomy Statute of 1972, which provides for their exclusive powers in regulating transportation relevant to the provincial territory (article 8, No. 18).
As in the case of transport, spatial planning is relevant when it comes to strategies for mitigation of climate change: it is a competence shared between the state and the ordinary statute regions (article 117(3) Constitution). On the contrary, according to the Autonomy Statute 1972, it is included among the subject matters where the two Autonomous Provinces exercise exclusive legislative power (article 8, No. 5).
The energy sector is crucial for climate change policy as it is directly associated with the reduction of energy consumption in relation to climate change objectives. Water policies are then strictly interrelated with energy policies because of their connection in the hydroelectric sector, a source of renewable energy and therefore a key element of climate change mitigation.7 Because of the Constitutional reform of 2001, the energy sector is a competence shared between the state and the ordinary statute regions. In this regard, the Constitutional Court clarified that the competence related to the energy sector as provided for in the Autonomy Statute of 1972 is narrower compared to the shared competence recognized by the Constitution for the ordinary statute regions. As a consequence, due to the provision of the above-mentioned article 10 of Const. l. 3/2001, the greater degree of autonomy in the energy sector recognized to ordinary statute regions has to be extended to special statute
2.1.3 Climate Relevant Legal Instruments
Competences in these relevant fields are exercised through a set of legal and administrative instruments that have a direct or indirect impact on climate targets, and are issued by the Autonomous Provinces of Bolzano/Bozen and Trento either independently or following principles set by the state, in those sectors where the competence is shared. In practice this means mainly provincial legislative acts, provincial ordinances, and other programmatic and strategic acts (recent examples are examined under sections 3.1 and 3.2 of this Chapter).
As regards the Autonomous Province of Trento, l.p. 11/1995 established the Environmental and Climate Protection Agency (“Agenzia per la tutela dell’ambiente e del clima”), which, according to subsequent d.g.p. 647/2020, coordinates all provincial actions and initiatives on climate change (formerly coordinated through the “Tavolo provinciale di coordinamento e di azione sui cambiamenti climatici”, d.g.p. 1836/2010) and promotes research and education on climate change. In 2010, the Autonomous Province of Trento enacted a specific law on climate change, i.e., l.p. 5/2010 “Il Trentino per la protezione del clima”, eventually repealed by l.p. 19/2013 “Legge sulla valutazione di impatto ambientale”. In particular, according to article 23 titled “Strategie e interventi della Provincia per fronteggiare il cambiamento climatico”, the Autonomous Province promotes a comprehensive strategy to tackle climate change, adopting appropriate adaptation and mitigation measures within its planning and programming tools, both wide-ranging and sectorial, within the limits imposed by national, EU and international levels. l.p. 19/2013 introduces the concept of “Trentino zero emissions” by 2050 and aims at “Trentino energy self-sufficiency” by the same deadline. In addition, in 2010 the Observatory on Climate Change for Trentino was established (d.g.p. 1836/2010) as the framework for scientific and technical coordination of all provincial monitoring, research and scientific entities
As regards the Autonomous Province of Bolzano/Bozen, l.p. 26/1995 established the Provincial Environmental Agency, now known as the “Provincial Agency for the Environment and Climate Protection” (“Agenzia provinciale per l’Ambiente e la tutela del Clima”). l.p. 9/2018, which is the reference legislation for territory and landscape management, includes among its objectives measures for reducing net land take, giving priority to reusing and recycling land, promoting energy efficiency and renewable energies, and for preventing and protecting against natural hazards. As for the energy sector, l.p. 9/2010, as amended by l.p. 10/2018 and l.p. 1/2022, includes provisions on energy efficiency, renewable energies and climate protection. In particular, in line with national legislation, it prescribes a single authorization process for the construction and management of renewable energy plants and a simplified authorization process for small-scale renewable energy plants. In the water sector, an abundance of provincial laws have been adopted, since this is an area of shared competence, in compliance with the provisions enacted by the state, such as the more recent Presidential Decree of June 2017 “General Plan for the Use of Public Water” (“Piano generale utilizzazione acque pubbliche”), which implements the integrated and coordinated approach to water management introduced at EU level by the EU Water Framework Directive (2000/60/ec) and establishes a framework for the assessment and management of flood risks as required by the Floods Directive (2007/60/ec).10
2.1.4
Local autonomy in Italy is entrenched in the Constitution: municipalities are considered autonomous constituent units of the Republic (article 114(2) Constitution). They have no legislative power, and carry out their own, as well as delegated, administrative functions, as defined by national or regional/provincial law, unless these same functions are assigned to the upper levels of government in line with the principles of subsidiarity, differentiation, and proportionality (article 118 Constitution).
Against this general framework, the Autonomous Provinces of Trento and Bolzano/Bozen are vested (as are all special regions) with an exclusive legislative competence over the system of local entities, unlike the ordinary regions, where this competence is attributed to the state level.
With regard to climate issues, the importance of municipalities in achieving the objectives of reducing emissions and increasing energy production from renewable sources is recognized. An example of local level involvement is the Covenant of Mayors initiative for climate and energy,11 where the Autonomous Province of Trento acts as coordinator of several municipalities (including the City of Trento), which joined together and adopted a sustainable energy action plan (“Piano d’azione per l’energia sostenibile”).12 The Municipality of Bolzano joined the Covenant of Mayors initiative in 2009 and adopted the “Piano di Azione per l’Energia Sostenibile e il Clima” in 2020.13 Within the Autonomous Province of Bolzano/Bozen, each municipality has the duty to develop a climate protection and energy saving plan, setting strategies and objectives to be reached at local level.14 As an example, the Municipality of Bolzano has recently achieved “Gold Certification” as part of the ComuneClima initiative15 (based on the European Energy Award), which aims to support and reward
2.2 Setting the Context: The Austrian Perspective
2.2.1 Climate Change in Light of the Constitutional Division of Competences
The Länder Tyrol and Vorarlberg hold symmetric, constitutionally entrenched, legislative and executive powers, and share competences with the Bund in sectors relevant for climate change. The Austrian Federal Constitution (Bundesverfassungsgesetz b-vg) allocates competences between the Bund and the Länder in its articles 10 to 15.
Specifically, according to the residual clause in article 15(1) b-vg, all competences that are not explicitly assigned to the Bund in legislation or in execution, fall within the autonomous sphere of competences of the Länder. Certainly, there is a clear dominance of competences of the Bund.16
The b-vg does not expressly mention climate protection or adaptation to climate change.17 According to the unanimous legal constitutional doctrine, climate protection rather represents a typical “Querschnittsmaterie”, or cross-cutting-subject matter, falling within the spheres of competence of both Bund and Länder in intersecting policy areas. Consequently, first and foremost, it must be examined whether the single measure to be taken in the interest of climate protection, or the targeted source of emission, falls within any specific competence field mentioned in the Federal Constitution. If this is the case, the Bund may have legislative powers on the grounds of article 10 (exclusive legislation Bund, execution Bund), article 11 (exclusive legislation Bund, execution Länder), article 12 (framework legislation Bund, implementing legislation and execution Länder). In exceptional cases, certain matters are also explicitly assigned to the Länder, for example “prevention of air pollution regarding heating” in article 10(1) No. 9 b-vg. In all other cases, the Länder are competent on the basis of article 15(1) b-vg in legislation as well as in execution.
The described distribution of competences also opens up the opportunity for federal innovations and mutual learning in fields related to climate change: for instance, Land Niederösterreich banned the installation of new oil
When it comes to the execution of laws, it should be noted that all laws passed by the Bund on the basis of article 10 b-vg have to be implemented within the sphere of influence of the Länder by the Land Governor and his subordinated Land authorities (indirect federal administration), according to article 102(1) b-vg, with the exception of certain competences enumerated in article 102(2) b-vg (direct federal administration). Regarding climate protection, most areas of competence (for example industry, prevention of air pollution, traffic) are to be administered through indirect federal administration.
Furthermore, it should be noted that the constitutional division of competences does not apply where the Bund or the Länder act as holders of private rights, pursuant to article 17 b-vg. This means that the federal government and the Länder are allowed to act beyond their constitutional jurisdictional boundaries within this framework. The term that is commonly used in the Austrian legal system to describe this type of administration is “Privatwirtschaftsverwaltung”. This is particularly relevant when it comes to promoting climate-friendly behavior of individuals. For example, local public transport is mostly administered by way of subsidies, and in the field of climate protection many Land measures are taken based on article 17 b-vg. When federal or Land authorities base their actions on article 17 b-vg, no legal foundation is necessary, as long as there is a dedicated budget position. However, often, detailed regulations on laws or ordinances in the area of climate protection are laid down in internal guidelines that have no external effect, binding the administration internally only, especially in those matters where the authorities act on the basis of article 17 b-vg. Such internal guidelines specify, for example, the circumstances under which certain projects are to be supported financially.
2.2.2 Allocation of Competences in the Sectors Analyzed in the Book
Pursuant to article 15 b-vg, the Länder are competent for spatial planning with the exception of the federal competences in infrastructural matters (railroads, motorways, air traffic). Spatial planning for the Länder includes competences in legislation and administration. However, the fact that the execution of the single spatial planning laws is handled by municipalities in their autonomous sphere of action (article 118 b-vg) should not be overlooked.
The water sector is also substantially embedded in federal competencies, pursuant to article 10(1) No. 10 b-vg. Competences in the energy sector, however, are shared between the Bund and the Länder. Matters concerning electricity, where these are not matters of exclusive federal competency pursuant to Article 10 b-vg article 12(1) No. 2 b-vg, fall into so-called framework legislation, which means that the Bund is competent to legislate on the principles and the Länder to enact laws to execute these. All other agendas in the subject matter of energy fall within the sphere of competence of the Bund, both with regard to legislation and execution.
Finally, with specific regard to climate protection, the aforementioned article 17 b-vg plays a particularly important role. The federal government and the Länder (but also the municipalities on the basis of article 116 b-vg) have developed numerous funding programs related to climate protection. In the case of the Länder, this concerns for example measures related to the climate-friendly construction of buildings or the promotion of cycling. The funding programs are run either by federal or Land authority agencies and other institutions.
2.2.3 Climate Relevant Legal Instruments
The essential legal instruments for implementing climate protection are federal, and Länder laws are adopted on the basis of the illustrated allocation of competences. These laws are further specified by ordinances of federal (for example federal minister for climate protection) or Land authorities (for example the Land government). Moreover, in both Länder the recognition of the urgency of the climate question has led to the constitutional entrenchment of sustainable and effective climate protection as goals, or better, as state aims (Staatszielbestimmungen) of the Land.19 However, against the background of
As for legislative responses to climate change at Land level, it should be noted that there are no dedicated climate laws in the two Länder. However, climate protection has been integrated by the Länder into their sectoral laws (e.g. in air pollution laws, energy laws, spatial planning laws20 and building sector regulations21).
Finally, agreements based on article 15a of the Federal Constitution (described in more detail in Chapter 7) play a very important role in coordination between the federal government and the Länder (for example the Agreement between the federal government and the Länder pursuant to article 15a b-vg on measures in the building sector for the purpose of reducing greenhouse gas emissions of 2009). Such agreements are applied in the manner of state treaties between the Bund and the Länder or between the Länder themselves. They oblige the partners to implement the contents of the agreement in their respective legal systems and competences. If these agreements intend to bind the legislator, which is usually the case, they require the approval of the lower house of the Austrian Parliament (National Council), if the Bund is involved, as well as the Land parliaments.
2.2.4 The Role of Municipalities
From a constitutional design point of view, municipalities are also authorized to act as holders of private rights pursuant to article 116 (2) b-vg and are therefore entitled to exercise their own “Privatwirtschaftsverwaltung” (see above). Moreover, municipalities may act within their autonomous sphere of competences, as outlined by article 118 b-vg. For example, considering the subject matters listed as explicitly falling within the scope of action of municipalities pursuant to article 118(3), they may take action in local spatial planning and the management of traffic areas of the municipality, which might have essential effects on climate change protection. This means that the Land administrations only exercise supervisory functions and are not allowed to give binding instructions to the municipalities. Accordingly, actions to implement climate change mitigation or adaptation can be adopted in fields that are a prerogative for municipalities.
The empirical evidence collected shows that both Länder and the Bund offer a number of funding options and consultancy to municipalities to support them in their implementation of climate measures. As a matter of fact, cooperation between municipalities and the collective adoption of climate actions occurs within the framework of programs funded by the Bund and the Länder such as the e-5 Gemeinden program, the kem (Klima- und Energiemodellregionen) and the klar! (Klimawandel-Anpassungsmodellregionen) programs. Another noteworthy platform for cooperation is offered by the Climate Alliance (Klimabündnis) between Austrian municipalities. These mechanisms can also be seen as manifestations of multi-level governance in the Austrian legal system.25
Municipalities and cities also act independently in relation to climate change, developing their own climate concepts and measures. For example, the city of Innsbruck in Tyrol and the municipality of Feldkirch in Vorarlberg have adopted their own strategies for climate change adaptation. Moreover, a number of municipal councils in both Länder have declared a state of climate emergency, including the municipality of Kufstein (in 2019) in Tyrol and the city of Bregenz (in 2021) in Vorarlberg. However, the legal consequences of such resolutions are questionable, especially in terms of enforceability. Declaring a climate emergency may be effective in terms of media coverage
3 The Development of the Climate Policy at Subnational Level in the Selected Case Studies
3.1 Climate Change Policy in the Autonomous Province of Trento
3.1.1 The Development of the Subnational Climate Policy
As mentioned in section 2.1, according to article 23 of l.p. 19/2013, the Autonomous Province may adopt strategies to tackle climate change and may introduce appropriate adaptation and mitigation measures within its planning and programming tools. In 2021 the Autonomous Province of Trento adopted the scoping paper “Trentino Clima 2021–2023” (d.g. 1306/2021), a workplan coordinated by the Environmental and Climate Protection Agency, and leading to the approval of the provincial strategy for mitigation and adaptation to climate change (“Strategia Provinciale di Mitigazione e Adattamento ai cambiamenti climatici”) by the end of 2023.27 This strategy should represent the future blueprint to guide all provincial administrative actions, identifying the measures to be integrated into the planning and programming of various policy sectors in a coherent and coordinated manner. The workplan “Trentino Clima 2021–2023” also contains the proposal for a governance system coordinated by the Environmental and Climate Protection Agency, based on a new Observatory on Climate Change for Trentino28 that would include: i) the provincial Table of coordination and action on climate change (formerly the “Tavolo provinciale di coordinamento e di azione sui cambiamenti climatici” coordinated by the Agency, see section 2.1 of this Chapter), composed of different sectoral provincial departments dealing with climate issues;29 and ii) a Scientific Committee,
Moreover, following the adoption of the national Strategy for Sustainable Development of 2017, in 2021 the Autonomous Province of Trento adopted the provincial Strategy for Sustainable Development (“Strategia provinciale di Sviluppo Sostenibile – SproSS”),30 which identifies twenty provincial sustainability objectives, grouped into five areas in line with the five EU policy objectives31 for supporting growth for the period 2021–2027: 1) a smarter Trentino, 2) a greener and climate neutral Trentino, 3) a more connected Trentino, 4) a more social Trentino, and 5) a Trentino closer to citizens. This strategy indicates the path to follow in order to build a sustainable territory, explicitly based on energy transition and adaptation to climate change, and represents the overarching framework within which the provincial Strategy of mitigation and adaptation to climate change “Strategia Provinciale di Mitigazione e Adattamento ai cambiamenti climatici” lies.
3.1.2 Integration of Climate Change in Sectoral Policies
Beyond the Province’s overall strategic framework, climate change objectives are also included, to varying degrees, in the specific relevant sectoral strategies.
With regard to transport,32 the main strategy with an impact on climate change is the Provincial Plan for Electric Mobility (“Piano Provinciale per la Mobilità Elettrica”) approved in 2017. The targets explicitly referring to climate change are: ghg emissions reduction, reduction of emissions released into the atmosphere by the transport sector (e.g., co2, pm10, pm2.5, no2, etc.), and making Trentino a more attractive territory in terms of emissions reduction and quality of the environment.
In the spatial and urban planning plans, no specific reference is made to climate change. However, in the document “Il futuro della città di Trento si costruisce oggi. Obiettivi e percorso della variante generale del Piano Regolatore generale”, approved by the Municipal Council of Trento in 2018, the goals of prospective revisions of the general plan include coordinating urban planning uses with environmental topics in light of climate change impacts.34
3.2 Climate Change Policy in the Autonomous Province of Bolzano/Bozen
3.2.1 The Development of the Subnational Climate Policy
As mentioned, the Autonomous Province of Bolzano/Bozen has not yet issued a specific legislative act on climate change, but has defined its overall, cross-cutting vision in the South Tyrol Climate Plan 2040 (“Piano Clima Alto Adige 2040” or “Klimaplan Südtirol 2040”), issued in 2011 and later revised. The Strategy focuses primarily on mitigation measures, while leaving the definition of adaptation objectives and measures to sectorial plans and legislative acts. The measures are grouped along several axes: energy supply and smart energy management; rational and smart use of energy; building renovation and
In 2021, the provincial government published a concept paper on sustainability titled “Every day for future – Insieme per la sostenibilità”, with the aim of developing a common strategic program for sustainable development. A participatory process has also been foreseen for the elaboration of this strategy.37
3.2.2 Integration of Climate Change in Sectoral Policies
Besides the above-mentioned overall strategy, the provincial climate policy is also implemented at sectoral level.
As regards transport, it is worth mentioning the Green Mobility initiative, dating back to 2012, which has the objective of promoting a better quality of life for residents and tourists, together with the promotion of electric mobility. Subsequently, the public company Green Mobility Alto Adige was created by the Autonomous Province of Bolzano with the aim to bring together different actors, and it took the lead in creating new green initiatives, such as the installation of charging stations for electric cars.
The main frame of reference for energy policy is contained in the above-mentioned Climate Plan South Tyrol 2040 and is currently under revision. Furthermore, a relevant initiative is “Casa Clima”, a centre of excellence for energy-efficient and sustainable construction and renovation, founded in 2002, which developed a method of energy efficiency certification for houses and buildings. It was expanded in 2014 to become the Energy Agency South
In the spatial planning sector, the Provincial Plan for Development and Territorial Coordination (“Piano provinciale di sviluppo e coordinamento territoriale – lerop”) has been issued with the final aim to integrate key energy policy visions into overall land development planning. The Plan is currently under revision.
3.3 Climate Change Policy in Land Tyrol
3.3.1 The Development of the Subnational Climate Policy
The first acknowledgment of climate awareness in policymaking in Tyrol, considering the relevant research timeframe (2005 and onwards), can be traced back to the first energy strategy adopted in 2007.38 Subsequently, in 2014 the Land government committed to reaching energy autonomy and climate neutrality at subnational level by 2050, by launching the “Tirol 2050”39 program.
Tyrol was the first among the Austrian Länder to introduce its own sustainability strategy40 in 2012, which deals with sustainable development in the broader sense, also by establishing sectoral objectives to enhance sustainability, and only incidentally addresses climate change mitigation and adaptation as one of the fields of action. Specifically, the strategy anticipates the need to develop climate strategies and identifies the room for manoeuvre of the Land, both in terms of climate protection and adaptation to climate change, by listing already adopted initiatives and setting future objectives.
The adoption of a dedicated climate policy framework, i.e. the Tyrolean Climate Protection and Climate Change Adaptation Strategy, acknowledged by the Land government in May 2015,41 represents a milestone in the development of the subnational climate policy. However, a few institutional respondents interviewed for this research expressed the need for more concreteness, both
3.3.2 Integration of Climate Change in Sectoral Policies
Climate change is further addressed specifically in a number of sectoral policies of Land Tyrol. Moreover, climate change mainstreaming measures targeting behavioural change have been put in place in all the sectors analysed in this book.
In particular, in the transport sector, aside from infrastructural initiatives, climate change was initially addressed at the strategic level in the mobility program and a sectoral framework strategy was adopted in 2008 and later updated in 2013 and 2022.44 Sectoral efforts focus on influencing individual transport choices with the aim of reducing motorized individual transport by increasing the attractiveness of public transportation and implementing the transition to climate friendly mobility. A mobility coordinator has also been established as project manager for the purpose of implementing the program and to support decision-makers in considering sustainable mobility and climate protection in relevant decision processes.
Climate was clearly addressed in the energy and water sector in the energy strategy of 2007 and in the aforementioned energy autonomy program “Tirol 2050”. A further sectoral development is represented by the recently published hydrogen strategy 2030,45 aimed at enhancing decarbonization, especially in the transport sector. The sectoral policies aim to increase energy efficiency, enhance the use of renewable energy sources and foster climate friendly energy choices also by private individuals.
Finally, in the spatial planning field, the two framework spatial development plans for Land Tyrol (“Zukunftsraum Tirol” and “Lebensraum Tirol 2030”),
The analysed sectoral papers generally address the subject of climate change integration by expressly declaring that single measures are adopted for the purpose of either reducing sectoral ghg emissions or adapting to the consequences of climate change and to contribute to the implementation of international obligations.
3.4 Climate Change Policy in Land Vorarlberg
3.4.1 The Development of the Subnational Climate Policy
Vorarlberg has a long-standing tradition of climate policy, as testified by its moves towards the early constitutional entrenchment of climate protection in 2008.47 It should be stressed that climate awareness in policymaking in Vorarlberg clearly originates in the energy sector. Notably, Vorarlberg acted as frontrunner amongst the Austrian Länder, having committed as early as 2009 to reaching energy autonomy by 2050 – that is years ahead of the Paris Agreement of 2015 – as a result of the unanimous resolutions of the Parliament of Vorarlberg (Landtag) in 2007 and 2009.48 The energy autonomy program was initiated with a broad participatory vision process in 2007, which set the foundations for decarbonization at subnational level and culminated in the adoption of one hundred and one measures in 2011,49 to be implemented by 2020. The latest update in the program took place in 2021 with the adoption of the Energy Autonomy Strategy +50 (“Energieautonomie +”), with an implementation horizon running until 2030. This paper represents a comprehensive concept, which bundles sectoral climate change mainstreaming efforts beyond the energy sector, also targeting other sectoral emissions. During the interviews, the latter strategy was regarded as the future common frame of
As for adaptation to climate change, in 2016 the Land government introduced a dedicated policy framework: the Strategy for Adaptation to Climate Change in Vorarlberg.52 The strategy contains general recommendations (Chapter 3) and is further subdivided into sectoral sub-strategies (Chapter 4), each containing a bundle of sectoral objectives and implementation targets. This strategic framework is further complemented with yearly updated action plans, also containing sectoral measures.
Recently, the calls for actions by policymakers led the Land parliament to declare a state of climate emergency in Vorarlberg in 2019, based on an independent motion presented to the Landtag by representatives of the Green Party (exhibit 89/2019) and inspired by the analogous motion 935/A presented in the National Council. The state of emergency abstractly entails a preventive “climate-check” of government proposals for Land laws, regulations, and directives for grants in terms of climate change adaptation and mitigation.53
3.4.2 Integration of Climate Change in Sectoral Policies
Besides the above-mentioned framework strategies, climate policies also develop at sectoral level through the integration of climate change objectives into sectoral papers and the adoption of concrete measures.
As previously highlighted, the energy sector has experienced significant development since the initiation of the first energy autonomy program up until the recent adoption of the new autonomy strategy in 2021, which contains a bundle of sectoral measures, developed in synergy with the responsible departments. For instance, with regard to mobility, the strategy targets the reduction of emissions from road, rail and air traffic by expanding public infrastructure to charge electric vehicles and funding private charging infrastructure and investing in mobility management training for private individuals, municipalities and schools.
Climate change was also addressed as a major focus for action in the cornerstone strategies in the transport sector, especially the mobility concept of 201954 and in other strategies, such as the e-mobility strategy (2015)55 and the
Moreover, policymakers in Vorarlberg recognized the need to intervene in the freight transport sector by developing a climate-friendly strategic framework, which is still in progress.56 Finally, the spatial development plan for Land Vorarlberg, “Raumbild 2030”, preceded by a structured participatory process, specifically accounts for the consequences of climate change in a number of sectoral measures. Examples include the reservation of green zones and open spaces in settlement areas and the provision of training for actors at the municipal and regional level for the purpose of developing climate-adequate local spatial planning concepts.
4 Concluding Remarks
Although the two Autonomous Provinces of Trento and Bolzano/Bozen, on the one hand, and Tyrol and Vorarlberg, on the other, are embedded in different constitutional structures, there are various similarities, specifically concerning the legal frameworks to combat climate change at subnational level. In both Italy and Austria, there are certain competences at subnational level, some of which are exclusive, while others are to a certain extent of a shared nature.
In both countries, the governance of climate change does not represent a subject matter per se. Consequently, it is not included in the catalogue of provincial competences in the Autonomy Statute or in the Constitution, in Italy, or exclusively assigned to either the Bund or the Länder, in Austria. Similarly, the governance of climate change is not contained in a single sectoral policy, but climate measures are transversal to a number of other policy fields, reflecting both provincial and Land competences. As a consequence, the question of which national or subnational entity holds the competences needs to be answered on a case-by-case basis by analysing the content of selected measures or climate-related strategies. The resulting competencies may lie in the exclusive or shared sphere of operations of either level or of both levels. The success of climate policies at provincial or Land level is hence strictly related to the extent to which the Provinces or the Länder have the competence to concretely include climate-related objectives in their sectoral policies.
In Austria it should be further highlighted that both the Bund and the Länder have the option to act as holders of private rights, pursuant to Article 17 b-vg, and hence are allowed to act in a competence-neutral framework (“Privatwirtschaftsverwaltung”). This circumstance allows the considered entity to take multiple initiatives to advance the fight against climate change, by going beyond the constitutional boundaries of competence and by operating based on arrangements governed by private law, for example with subsidies for photovoltaic systems and similar facilities.
Moreover, despite there being no legislation specifically targeting climate change at subnational level, the Austrian Länder have formulated state goals concerning climate protection and sustainability in their Land constitutions in the framework of their constitutional autonomy. This is the case for both Tyrol and Vorarlberg. Conversely, in Italy, only the Autonomous Province of Trento has introduced a specific piece of provincial legislation to frame its commitment to the fight against climate change. It follows that, from the point of view of legislative production, climate change, in its adaptation and mitigation dimensions, is currently primarily accounted for in sectoral legislation at the subnational level. Thus, in the analysed subnational entities there exists some room for improvement, as the two Länder Vorarlberg and Tyrol and the two Autonomous Provinces of Trento and Bolzano could make further use of their respective legislative initiative by introducing dedicated pieces of legislation (where these are lacking), or by explicitly declaring in sectoral laws that single measures, coupled with possibly binding mechanisms, be introduced for the purpose of combating climate change. The legal instruments for the implementation of climate protection and climate change adaptation are represented by the set of legal and administrative instruments available to each subnational entity on the basis of the above-illustrated division of (shared or exclusive) competences.
In all the subnational contexts analysed, the substantial adoption of policy tools that bind only the administrations has to be emphasised. They establish a political responsibility of the governments towards parliament, but no legal obligation. However, it should also be noted that these instruments were perceived as ultimately not being persuasive for the fulfilment of ambitious climate targets, nor for the achievement of the essential change in mindset in subnational communities. Indeed, the interviewees shared the perception that the tendential lack of binding measures for sectoral integration at both subnational or national level has a significant negative impact on the advancement of the fight against climate change.57
From an Austrian perspective, the achievement of the goal, recently proclaimed by the Austrian federal government to reach climate neutrality by 2040, will require significant effort at all levels of government. Following the ratification of the Kyoto Protocol, the Paris Agreement and the introduction of binding targets at EU level, both Land Tyrol and Vorarlberg designed dedicated subnational climate policies and integrated climate change objectives into a number of sectoral policies in line with the respective framework policies. In both Länder and in all sectors, a proliferation of soft-law instruments, such as umbrella and sectoral policies, and other measures targeting behavioral change, especially via financial incentives and dissemination of information, can be observed.
From an Italian perspective, the two Autonomous Provinces followed different paths in addressing the challenges of climate change. While the Autonomous Province of Trento adopted a provincial law on the topic and created an Observatory on Climate Change, the Autonomous Province of Bolzano/Bozen did not enact a specific legal act or establish any specific institution. Despite the different approaches followed by the two to tackle climate change objectives, both Provinces developed their overall policy on climate change by identifying their general goals in soft law instruments, such as strategies, action plans and policy recommendations. All in all, the two Autonomous Provinces made progress in climate change adaptation and mitigation policies with a
Finally, in the context of our analysis, the role played by municipalities should not be disregarded either. In both countries, the latter enjoy a certain degree of autonomy, relying on their own statutes, powers and functions in compliance with the principles laid down in the respective Constitutions. Indeed, the municipal government is the level closest to the citizens and hence represents the last checkpoint for climate measures. This leads to coordination efforts between the upper subnational government and the municipal level for the implementation of subnational measures, or to the activation on their own initiative by municipalities within their own sphere of competences.
Concluding, it can be stated that the starting point for further analysis of the factors in the success or failings in climate change integration is indeed the specific legal and policy frameworks the analysed subnational entities have introduced at the subnational level, also in connection with the constitutional distribution of powers in the underlying federal and regional system, as described here. All in all, it can be further noted that since climate change is a cross-cutting competence matter, the vertical division of powers at constitutional level does not offer conclusive insights into the factual areas of intervention of subnational governments in the fight against climate change, but rather represents the frame of a painting, which is then completed based on the tool box (consisting of both legal and policy instruments) at the disposal of subnational authorities, and more importantly, on the basis of the operationalization of these instruments in practice.
M. Böcher and R. Nordbeck, “Klima-Governance: Die Integration und Koordination von Akteuren, Ebenen und Sektoren als klimapolitische Herausforderung Einführung in den Schwerpunkt der moderne staat”, Zeitschrift für Public Policy, Recht und Management, 7 (2014) 253–268, at 257.
For a detailed justification of the territorial scope of the research see the Introduction in this volume.
Under the framework of the Alpine Convention, European Grouping of Territorial Cooperation (egtc), or the European Strategy for the Alpine Region (eusalp).
See Climate Action Plan 2.0 (Permanent Secretariat of the Alpine Convention 2021), at 5 and also the Introduction in this volume.
For a review of the different assessments of decentralization towards successful climate policies see G. Gadani, I. Galarraga and E. Sainz de Murieta, “The Importance of Regional Governments in Climate Change Policies”, cercis Working Paper, (2020), at 5.
See Corte cost. 67/2010; 387/2008; 145/2013; 58/2013; 66/2012; 225/2009.
For an overview of some of these sectoral policies, see W. Obwexer et al. (eds.), L’impatto del diritto dell’Unione Europea sull’Autonomia dell’Alto Adige/Südtirol (esi 2015).
The first ruling of the Constitutional Court on this issue is Corte cost. 383/2005.
The Observatory is formed by the following provincial bodies and research entities: Dipartimento Protezione civile, Fondazione Edmund Mach, Agenzia provinciale per la protezione dell’ambiente, Università degli studi di Trento (dicam), Museo delle Scienze (muse), Fondazione Bruno Kessler, Comitato glaciologico trentino della sat.
For an overview of the evolution of water management and protection in Italy prior to as well as after the implementation of the Water Framework and the Floods Directives, see M. Alberton, “Water Governance in Italy: From Fragmentation to Coherence through Coordination Attempts”, in P. Turrini et al. (eds.), Water Law, Policy and Economics in Italy: Between National Autonomy and EU Law Constraints (Springer 2021) 355–368, at 355ff.
More information available on the Autonomous Province of Trento website (
More information available on the Autonomous Province of Bolzano/Bozen website (
See the Piano Clima Alto Adige 2040, published by the Autonomous Province of Bolzano, at 35 (
See
P. Bußjäger, “Austria’s Cooperative Federalism”, in G. Bischof and F. Karlhofer (eds.), Austrian Federalism in Comparative Perspective (The University of New Orleans Press 2015) 11–33.
However, Austria is committed to comprehensive protection of the environment through a federal constitutional law of 2013, which introduces so-called Staatszielbestimmungen, i.e. state environmental aims (bvg Nachhaltigkeit bgbl. i 2013/111).
Ölkesseleinbauverbotsgesetz ökevg 2019, bgbl. i Nr. 6/2020.
See article 7(7) of the Constitution of Vorarlberg (lgbl. Nr. 16/2008) and article 7(3) of the Tyrolean Constitution (lgbl. Nr. 133/2019).
See, for instance, the spatial planning aims in the spatial planning law of Vorarlberg (article 2) and article 11 introducing mandatory municipal development plans under consideration of climate change impacts, Gesetz über die Raumplanung – lgbl.Nr. 39/1996.
See, for instance, the building requirements and directives in the Tyrolean Building Code (articles 18 and 21), Tiroler Bauordnung (2018) tbo, lgbl. Nr. 28/2018.
IntT_03; IntV_02.
IntT_03; IntT_05.
IntV_05.
See also P. Bußjäger, “Multi-Level-Governance als Gegenstand und Herausforderung des Öffentlichen Rechts”, zör, 71 (2016) 307–330.
J. Fitz et al., “Klima, Luft und Mobilität”, juridikum, 4 (2019), at 510. For an investigation into the possible relevance and influence of the political impetus on climate change integration see Chapter 7 in this volume.
See “Trentino Clima 2021–2023: Programma di lavoro sui cambiamenti climatici della Provincia Autonoma di Trento” (available at
See
These are: Dipartimento territorio ambiente energia e cooperazione, Agenzia provinciale per le risorse idriche e l’energia, Dipartimento protezione civile foreste e fauna, Dipartimento istruzione e cultura, Dipartimento agricoltura, Dipartimento sviluppo economico ricerca e lavoro, Dipartimento salute e politiche sociali, Dipartimento infrastrutture e trasporti and Dipartimento artigianato, commercio, promozione, sport e turismo.
Availableat
The 2021–2027 EU cohesion policy objectives are: 1) a more competitive and smarter Europe; 2) a greener, low-carbon transitioning towards a net zero carbon economy; 3) a more connected Europe by enhancing mobility; 4) a more social and inclusive Europe; 5) Europe closer to citizens by fostering the sustainable and integrated development of all types of territories.
More information available on the Autonomous Province of Trento website (
More information available on the Environmental Protection Agency website (
More information available on the Municipality of Trento website (
The new draft is available online at
More information available on the Autonomous Province of Bolzano/Bozen website in the footnote above. See also Chapter 9 in this volume.
More information available on the Autonomous Province of Bolzano/Bozen website (
Amt der Tiroler Landesregierung, Tiroler Energiestrategie 2020 – Grundlage für die Tiroler Energiepolitik (2007).
Land Government Resolution of 24 April 2012: Leben mit Zukunft – Tirol nachhaltig positionieren.
Amt der Tiroler Landesregierung, Tiroler Klimaschutz-und Klimawandelanpassungsstrategie (2015).
IntT_01; IntT_02.
Amt der Tiroler Landesregierung, Leben mit Zukunft – Tiroler Nachhaltigkeits-und Klimastrategie (2021).
Amt der Tiroler Landesregierung, Tiroler Mobilitätsprogramm 2008–2013 (2008); Tiroler Mobilitätsprogramm 2013–2021 (2013); Tiroler Mobilitätsprogramm 2022–2030 (2022).
Lebensraum Tirol Holding GmbH, Wasserstoff-Strategie Tirol 2030 (2021).
Resolution of the Land Government of 27 September 2011: Zukunftsraum Tirol 2011; Amt der Tiroler Landesregierung, Lebensraum Tirol Agenda 2030 (2019).
See article 7(7) of the Constitution of Vorarlberg (lgbl. Nr. 16/2008).
Vorarlberger Landtag, Energiezukunft Vorarlberg, Resolution, Beilage 34/2007 and Energieautonomes Vorarlberg, Beilage 75/2009.
Amt der Vorarlberger Landesregierung, Schritt für Schritt zur Energieautonomie in Vorarlberg. 101 enkeltaugliche Maßnahmen (2011).
Amt der Vorarlberger Landesregierung, Strategie Energieautonomie + 2030 Klimaschutz in Vorarlberg umsetzen (2021).
IntV_05; IntV_06.
Amt der Vorarlberger Landesregierung, Strategie zur Anpassung an den Klimawandel in Vorarlberg – Ziele, Herausforderungen und Handlungsfelder (2015).
IntV_02; IntV_03.
IntV_05.
Amt der Vorarlberger Landesregierung, Elektromobilitätsstrategie Vorarlberg (2015).
IntT_01; IntT_02; IntV_04; IntV_06.