German Federal Constitutional Court To Challenge Greek Bailout, Claims Action Is Unconstitutional

Tyler Durden's picture

Just like last year when the first bailout of Greece was met with significant opposition by German constitutional professors, the constitutionality of the upcoming bailout #2 is about to be questioned. Only this time it does not come from powerless academic but from the very top: the Federal Constitutional Court. From Frankfurter Allgemeine (google translated): "The federal government has to explain how the measures are compatible with the Basic Law....The government will have to justify before the court how the measures conform to the stabilization of the European currency with the Basic Law, and possibly with European law. It was originally envisaged in the Second Senate to negotiate in private. But this stance has apparently changed in the course of the discussions." As expected, the fine legal print is once again about to throw a major monkey wrench in the ongoing usurpation of constitutional right by the banking syndicate.

From FAZ:

The Federal Constitutional Court, after information from the Frankfurter Allgemeine Zeitung on Tuesday, 5 July, negotiate the claims against the euro and against the rescue Greece Help orally.

Thus, the government will have to justify before the court how the measures conform to the stabilization of the European currency with the Basic Law, and possibly with European law. It was originally envisaged in the Second Senate to negotiate in private. But this stance has apparently changed in the course of the discussions.

Chancellor Angela Merkel and Finance Minister Wolfgang Schäuble had signed on Wednesday in the government parties to show support for new Greece aids. Schäuble According to information provided by participants estimated the additional demand for the government in Athens in 2014 to around 90 billion euros. Merkel supported the claims to the claim to a participation of private creditors Schäuble on a new aid package. Schäuble explained to Members the outcome of the troika report by ECB, IMF and EU on the situation in Greece. This notes that Greece needs new funding from outside in order to solve its debt problems.

On Thursday, the groups will present a resolution to be adopted on Friday in the Bundestag. In order to intercept the expected displeasure with new grants, called Merkel on Members to voice their demands openly. These will culminate in the German negotiating position that Schäuble, on the 20th Euro Finance Ministers Meeting June and Merkel at the EU summit on 24 want to represent June.

Expressly warned the Chancellor before a rescheduling of Greece, as this could then endanger the situation in Spain and Italy. Greece must reform its tax system. The EU structural funds should be more targeted. "If Greece does not get any new taxes, it would be a bad signal for Portugal and Ireland," Merkel was quoted as saying. Despite criticism by some Members of the CDU and FDP, FDP faction leader Rainer Brüderle showed before the meeting convinced that there is a separate majority of the Coalition for the euro's launch. In addition to a new aid package for Greece includes the proposed rescue ESM from 2013.

The troika report published on Wednesday finds that Greece needs further support from outside in order to solve its problems. "Given the unlikelihood of a return to Greece for the financial markets in 2012, the adjustment program is now under-funded," it says in the results of joint tests of the troika that existed Reuters. "The next payment (from the ongoing Greece-aid package) can not take place before the problem of under-funding is resolved." The euro governments prepare therefore propose a new, possibly three-year aid program.

h/t Martin

Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.
achmachat's picture

you really can't make these things up!


StychoKiller's picture

Everyone willing to help Greece by buying a bond, raise yer wallet...(didn't think so!)

oogs66's picture

the bankers will find the constitution unconstitutional if they don't get what they want

hedgeless_horseman's picture
From the White House press conference earlier this week...     by hedgeless_horseman
on Tue, 06/07/2011 - 12:22


"There is actually a ban on bailouts in the treaty, but we will ignore the ban so the banks do not lose any money, but rather the tax payers will pay more."*


                                  -Angela Merkel



*My translation from the German.

Quintus's picture

Merkel is correct - any form of inter governmental bailout is explicitly prohibited by the Lisbon Treaty.  The clause was put there at the insistence of the Germans to avoid a situation where they would end up being responsible for bailing out less responsible countries.

How strange then, that when this exact circumstance came to pass, they have chosen to ignore the protection they themselves put in place.

Thankfully, it appears that the Constitutional Court does not agree with this action.  I hope that they will exercise the political independence and strict interpretation of the law that one would expect of a senior court, but bitter experience tells me that this will not be allowed and they will be pressurised into going along with the illegal bailouts.

Joebloinvestor's picture

The charter for joining the EU calls for "no bailouts" also.

All that was put in to appease the public, who had the unfortunate idea that they were in charge and they mattered.

The bankers have shown who really is in charge and who matters.

trav7777's picture

some nasty business during the big war showed otherwise

dark pools of soros's picture

the clause was put there to create the union, not sustain it


now it is time for new clauses 



dracos_ghost's picture

Why new clauses?! They already have f*&king Santa Claus.

feelingspicy's picture

I don't think so. We have had several decisions over very important topics regarding the EU. Almost every time they let the govt have it their way. They make some minor corrections, as it was the case with the Lisbon Treaty, and sell it as if they are the guard of the constitution. The judiciary branch is in bed with the govt aswell.

Racer's picture

That will be good for a 300point rise in the dow and dax!

SheepDog-One's picture

Ah yes, another fly lands in the already fly filled ointment. Apparently EVERYTHING just loves it today, PM's, oil, stocks, currencies, seems it all simply cant rise fast enough to fill the vacuum higher.

Racer's picture

Yep, they are determined to go after any shorts today, and any who trade on fundamental issues

PaperBear's picture

Go get the banksters, Germany.

Zero Govt's picture

fat chance, the bankers and German Govt (politicians) have been ruining Germany for Centuries... nothing's changed day (maybe) the German people are going to realise just who has pissed away all their industrious hard work on dumb liberal ideas about unifying Europe (a concept beyond all sanity on any socio-economic level)

Cognitive Dissonance's picture

Too funny that any entity or individual would try to challenge anything on constitutional grounds in ANY country. As G W Bush so proudly exclaimed, at least in the USA, it's just a piece of paper.

The PONZI must survive and thus no challenge on ANY grounds will ever be allowed to seriously challenge the PONZI.

Period. Full stop

Motorhead's picture

The EU sure is one big happy family, eh?  (What a joke.)

Nice to see that the German Verfassungsgericht is at least making an effort to defend Germany's constitution, not like other places I know, hehe.

falak pema's picture

Like in all false families we love to share the wins. But we hate to share the losses when there is no real blood line, no true solidarity there. Pity, as European nations have been through so much pain in past by falling out amongst themselves. There are such lessons to be learnt from this zero sum "blood letting line" of past.

Humbling for most this meltdown but glorious for those few; if you be a true scavenging carrion who loves to live off raw human flesh. People fall into this 'honey trap' of Oligarchs when they have been blinded by these sharks into thinking... we'll never go back to being poor again...until history teaches us the contrary. We are only fragile pieces of wood, twigs and branches on a tree which could die anytime right down to its roots. That's evolution.

SheepDog-One's picture

And all without even a mention to fix any underlying CAUSE of all the bankruptcy....not even a hint that Greeks might actually have to PRODUCE something and up their greuling 3 hour avg workday, or curtail the 6 month per year govt paid holiday season the Greeks enjoy. Nah, just keep bailing it all out thats the only important thing!

LookingWithAmazement's picture

If it's against the law, they'll change the law.

nathan1234's picture

Not the Germans- if you know and understand them.

hedgeless_horseman's picture

Right...Germans don't break agreements.  Just ask the Russians.

knukles's picture


What a clusterfuck. 
Brought to you by the same folks (birthplace of the NWO) who claim that the solution is to make the nightmare bigger yet.
Another great Neo-Keynesian success story.  Are you listening, Mr. Krugman?

nathan1234's picture

Krugman doesnt listen because he is always busy writing bullshit.

High Plains Drifter's picture

hey knukles, you are getting a attitude today pal.  you can't talk to a nobel prize winner like that.....

dick cheneys ghost's picture

Are they bought and paid for, as our supreme court is?

scatterbrains's picture

Why would you think they're not ?  This is probably just to take some pressure off Merkel.

Cognitive Dissonance's picture


Most people don't fully understand that plausible deniability is a form of currency that is extremely valuable in a world based upon lies. The Big Lie feeds off the willingness of the people to believe the Big Lie as long as people are given a plausible reason to do so.

"Daddy, tell me a (plausible) lie so that I may believe it is the truth."

GeneMarchbanks's picture

I thought you might take us on a trip to Freudville for a minute there. You're pleasantly sober, I like you.

Cognitive Dissonance's picture

It's 5 o'clock somewhere so I won't be sober for long.

High Plains Drifter's picture

ok, go get you are a bottle of herrera and turn it up and i promise you, you will forget about pain and you won't even know your own name........

Cognitive Dissonance's picture

Sounds like you are already half in the bag. Wait for me.

High Plains Drifter's picture

sir, i cannot partake nor do i want to at this stage in my life. but i can say, that i remem ber the sins of my youth........ah the privilege of youth.......

on another note. it has been carefully studied i might add. that when the party is going strong and the adult beverages are flowing, it is a fun time, but when the lights go out and you try to make it home without getting a dui ( a classic horror show in houston i might add) , and you are puking your gutts out and you wake up the next day and feel like shit, what may i ask has been accomplished? 

baseball13's picture

You have been purged of the evils of the preceeding evening...and are given some suffering to remind you of your sins that they may not be committed again...

High Plains Drifter's picture

i felt like a sinner, while riding the porcelain bus. jose quervo is a friend of mine......OMG ! ha ha ha

High Plains Drifter's picture

i went home with a 10 at 2 and got up at 10 with a 2.............

Orly's picture

 "...dui ( a classic horror show in houston i might add)..."

OMG, Harris County Jail?

Let there be no doubt.  Classic horror show sums it up.

High Plains Drifter's picture

i have been there a few times. i hate it..........

by the way orly, the nicest cops always work graveyard.........ha ha ha

Orly's picture

Waited for to hours to rescue a girlfriend/co-worker nabbed writing hot checks to her landlord.  I needed a shower coming out of that place.


High Plains Drifter's picture

two hours. they must have liked you a lot........ha ha ha ha

Franken_Stein's picture


In the German judicial system, as in I guess a lot of other judicial systems,

there are those laws, whose infringement are automatically prosecuted by the federal  attorneys,

and there are others, who will only be prosecuted after filing of a complaint witrh the prosecutors.


The first case is called: "von Amts wegen (ex-officio)",

the second "auf Antrag (by filing)".


That even applies to certain felonies listed in the German penal code, the "Strafgesetzbuch (StGB)".


The same goes for constitutional matters, as can be seen in this case.

Such an active filing of a complaint is then called "Verfassungsbeschwerde" - constitutional complaint.


Franken_Stein's picture


As I wrote yesterday already, some of the complainants, who filed their papers 1 year ago already, got a bit nervous and wondered, why the constitutional court seemingly didn't process their complaints and wouldn't name a date for when the main trial would be summoned.


The president of the BVerfG meanwhile was seen touring Germany, visiting conferences, holding speeches.


So they argued that the court couldn't possibly suffer from too heavy a workload.


Which makes it look as if certain orders from above were given to "slow down things a bit".


Good to see now that there's some action.


nasdaq99's picture

If anybody saw El Erian this am on cnbc, the most important thing he said today is that the ECB is now a PART OF THE PROBLEM instead of part of the solution.  Because they own so much peripheral debt they are willing to sacrifice the PIIGS in order to stay solvent themselves.........

nasdaq99's picture

Furthermore, Trichet knows this junk heap is going down, he's just buying time until he retires this fallllllllllllllllllllllllllllllllllllllll.........................

THE DORK OF CORK's picture

Nonsense - if they have the Gold on their books they can monetize at will given that most European debt is internal - they are merely extending the pain of the debt crisis so that their clients can take control of remaing state assets and break the remaining small soverginity of nations.

The Orwellian named stability and growth pact has been designed from the outset to fail.

Just look at the ratio of goverment to private debt in the EMU since inception - destruction is built into the system even if not only a small amount of new debt is added every year.

Its the ratio of public / private debt that really matters not the debt to GDP which is a false metric.

The ECB copied Jackson's mistake of destroying goverment debt creating a speculative frenzy amongest the state banks and subsequent depression due to malinvestment.

These are bad bastards.