The Federal Court of Auditors has reported that the Deutschlandticket, a 49-euro subscription for public transport, could be “constitutionally questionable”. This is due to the fact that the ticket is being introduced with an agreement between the federal and state governments, which may present a legal risk. The report supports arguments that had been made by various ministries during the legislative process, including the Federal Ministry of Transport, which claimed that introducing the offer for local public transport required a state treaty.
The budget committee is working on an amendment to the so-called regionalization law for the introduction of the ticket, but has not yet met in public. The additional paragraph for the law pertains to the financing of the ticket. The report shows that the concerns of the ministries regarding an “obligation on the part of the federal states to co-finance the Deutschlandticket” is “risky” in regard to the Basic Law.
The Deutschlandticket is set to apply nationwide from May and will allow users to travel in public transport for a monthly fee of 49 euros. However, it is still unclear whether commercial transport companies will accept the ticket, and the EU Commission may deem the financing of the reduced income as unlawful aid. Additionally, credit checks are required for direct debit payments, which may pose a problem for indebted people.
Under Article 106a of the Basic Law, the federal states are entitled to an amount from federal tax revenue for public transport. However, an amendment in federal law may be necessary to regulate further details. The report highlights the legal limits between the federal and state governments in the organization of public transport, with the Court of Auditors stating that the Deutschlandticket’s introduction requires careful legal consideration.
