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Uncrossing The Rubicon Toward A Euro Federal State: Germans Challenge ESM, Fiscal Pact In Constitutional Court

Tyler Durden's picture


And the plan was going so well. The plan, of course, being to dispose of German budget sovereignty and transfer decision-making authority to a fully immune organization seated in Luxembourg, which just happens to be a tax haven, in the process stripping not only all of Europe, but also Germany of sovereignty, with the ESM being run by a few bankers, held accountable to no one(explained here). German FAZ has just announced that jurists and 2 political parties in Germany are going to appeal to the Constitutional Court, and demand an end of the Merkel Fiscal pact and the ESM, both of which have been implemented without so much as an inquiry as to what the people think, those millions of ever angrier Germans we wrote about back in July. That may be finally changing.

From Frankfurter Allgemeine, google translated:

The bailout policy of the Chancellor in the debt crisis is once more faced adversity: The former Justice Minister Herta Däubler-Gmelin wants to appeal, together with other planned permanent constitutional complaint against the euro rescue ESM and the European fiscal pact. The Alliance, comprised of the organization "more democracy" also belong to the liberal voters and the party ÖDP, has announced the appeal in the event that there is no referendum on the ESM and the Fiscal Pact to tighten fiscal discipline in 25 of the 27 EU countries will be.


Main criticisms are loud Däubler-Gmelin, the ESM that the question of liability remains high in Germany remains unclear. With the euro rescue package and the Fiscal Pact, the fiscal and legal control of the German parliament would be unduly curtailed. "The Rubicon is crossed towards a European federal state", the constitutional lawyer Christoph Degenhart said on Thursday in Berlin. The law professor at the University of Leipzig, together with the former Federal Minister of Justice for action leaders announced a constitutional complaint.


As "impossible," described the former Minister of Justice's approach in the Bundestag, where the contracts have been the end of March in a first reading, although the final version still did not fulfilled. Europe will have no future if it was only a meeting of government elites. The lawsuit would turn but not to Europe or the common currency. Rather, the aim is that the democratic rights of participation should not be circumcised.


"We, the question of democracy in the forefront," said the CEO of "more democracy", Michael Eifler. There will be no make cooperation with organizations involved in European integration into question.


The initiative calls for referendums on ESM and fiscal pact in all affected countries. "There must be a broad public debate on democracy in Europe which remains for enough time." The initiative aims to submit its application for ratification of ESM and Fiscal Pact.


The ESM is to be ratified by the end of June, because he would replace the temporary crisis from July EFSF fund. With the beginning of March in Brussels signed contract the signatory countries to adhere to tighter budgetary discipline than before. A referendum in Ireland is not planned in Germany.

This is not the first time Germans have appealed to the constitutional court.

Last year was another constitutional complaint against Greece and the EU help rescue failed. At that time, a group led by the Nuremberg State law professor Karl Albrecht Schachtschneider complained and the financial expert Joachim Starbatty, Wilhelm Hankel and Wilhelm Nölling. The Federal Constitutional Court in its decision, however, strengthened the participation rights of the Bundestag: Future funding was coupled with a requirement that the budget committee must approve every step. Chief Justice Andrew Voßkuhle emphasized at the time the judgment should it "should not be misinterpreted in a constitutional blank authorization for more bailouts." The federal budget should be right not to give up the substance, either in whole or in part.

Maybe this time, for the sake of Germans, and all Europeans who continue shouldering the burdens of banker wealth loss, it will be different.


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Thu, 04/12/2012 - 11:14 | Link to Comment Lost Wages
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Thu, 04/12/2012 - 11:21 | Link to Comment SilverTree
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Thu, 04/12/2012 - 11:33 | Link to Comment hedgeless_horseman
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The game is Bond(s)...Euro Bond(s).

Thu, 04/12/2012 - 11:37 | Link to Comment NotApplicable
NotApplicable's picture

Divide and conquer is at work again, I see. "Evil nationalists" vs. "evil internationalists" looks to be the setting for WWIII.

Time to stock up on popcorn, as it's going to be quite a show.

Thu, 04/12/2012 - 11:37 | Link to Comment magpie
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Just visit the EFSF website, the bonds have stopped being country specific, implying ...

Thu, 04/12/2012 - 11:58 | Link to Comment hedgeless_horseman
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...ummm...hmmm...Eurobonds are coming, bitchezzz?


I love you
You love me
We'll have just
one Treasury!

Thu, 04/12/2012 - 11:57 | Link to Comment magpie
magpie's picture

uh they came, sold and defaulted ?

Thu, 04/12/2012 - 11:58 | Link to Comment GeneMarchbanks
GeneMarchbanks's picture

Won't. Happen.

Thu, 04/12/2012 - 12:02 | Link to Comment magpie
magpie's picture

Nah, we won't need no stinking, most likely empty treasury, only one printing press to rule them all.

Thu, 04/12/2012 - 12:07 | Link to Comment hedgeless_horseman
hedgeless_horseman's picture



Won't. Happen.

Why are you so stingy?  That is not very progressive of you. 

Thu, 04/12/2012 - 12:08 | Link to Comment Ghordius
Ghordius's picture

the wet dream of the City of London Banksters association: the eurobond

makes you wonder why, eh?

Thu, 04/12/2012 - 12:13 | Link to Comment GeneMarchbanks
GeneMarchbanks's picture

They need something... Drachma return has just been a big tease so far.

Now it's time for BIG Game huntin'. Or so they believe...

It's just pathetic...

Thu, 04/12/2012 - 12:22 | Link to Comment hedgeless_horseman
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You europeans need to watch yourselves on that slippery slope.

Thu, 04/12/2012 - 12:39 | Link to Comment GeneMarchbanks
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Lucky for you hedgeless, I'm an American as well so I'm basically going to lose either way. Might as well go out blazing.

Fri, 04/13/2012 - 02:28 | Link to Comment Ghordius
Ghordius's picture

hedgless, the way I see it all nations of the West are nicely roped toghether in this excursion on the slippery slope of the Lord Keynes Glacier - and of course the banksters supplied the rope

Thu, 04/12/2012 - 16:44 | Link to Comment BarberKen19
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my neighbor's mom makes $82 hourly on the computer. She has been out of a job for ten months but last month her pay check was $14998 just working on the computer for a few hours. Read more on this web site and click Home .....  WWW.LAZYCASH.COM

Thu, 04/12/2012 - 12:06 | Link to Comment noses
noses's picture

You are an idiot (which ironically is the ancient greek term for "person lacking professional skill"). But don't worry, there are millions like you.

Thu, 04/12/2012 - 16:17 | Link to Comment Nussi34
Nussi34's picture

Long stability, short Draghi!

Thu, 04/12/2012 - 11:15 | Link to Comment Theta_Burn
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Good to see some Germans "get it"

Thu, 04/12/2012 - 12:31 | Link to Comment Kingbingo
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I understand that Germans are being bombarded with documentaries/articles and references to the second world war right now. Basically they are being told “we need to be good Europeans (read good socialists) or we might end up committing war crimes”.


Well they don't actually put it as blunt as that, otherwise it would sound just a ridiculous as it actually is, but that is the strong implication.

Thu, 04/12/2012 - 12:37 | Link to Comment Sandmann
Sandmann's picture

German soldiers committed war crimes because they were dosed on Methamphetamines  "Pervitin" whereas the USAAF simply used dextroamphetamine

Thu, 04/12/2012 - 14:53 | Link to Comment GeneMarchbanks
GeneMarchbanks's picture

Not many will get that little gem... shame really. +1

Thu, 04/12/2012 - 15:28 | Link to Comment TheGardener
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Sorry tales of drugs and the abuse thereof , if true.

Sorry tales of war, not crime, if true.

Sorry You, being here and make a telling of all of the above?

Thu, 04/12/2012 - 15:45 | Link to Comment TheGardener
TheGardener's picture

"German soldiers committed war crimes"

All of them , all of the time you should have added. And citizens thereof up to this day by their mere presence
will have to pay or post stupid self denying prophecies.
Shut up German f....

Defending a country takes more than a pill.

Thu, 04/12/2012 - 14:56 | Link to Comment rotagen
rotagen's picture

Ja, der 6 million.  Nevermind the number being insanely impossible, it sounds guten.

Thu, 04/12/2012 - 18:19 | Link to Comment noses
noses's picture

I don't really see the war crimes in a short visit to Frankfurt, Brussels and Strassbourg to help the Eurocrats understanding that they are *servants* (instead of masters) of the citizens in question. Besides nobody being responsible because everybody is just following orders...

Thu, 04/12/2012 - 11:17 | Link to Comment youngman
youngman's picture

Bankers win I bet...always do

Thu, 04/12/2012 - 11:18 | Link to Comment Bam_Man
Bam_Man's picture

When it becomes painfully obvious that Spain, Portugal and Italy will all need bail-outs at the same time, Germany will surprise everyone and become the first country to leave the Eurozone. At that point, the ECB will be free to print money on the scale required to effectively monetize in their entirety the bond markets of those three countries.

Thu, 04/12/2012 - 11:22 | Link to Comment LawsofPhysics
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right, and then the all eyes on the USSA or Japan?

Thu, 04/12/2012 - 16:19 | Link to Comment Nussi34
Nussi34's picture

Exactly, let the Club Med inefficient bastards drown in their own cooking.

Thu, 04/12/2012 - 11:23 | Link to Comment tahoebumsmith
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I don't think this was an accident, this is how the Germans really feel...


Thu, 04/12/2012 - 11:38 | Link to Comment dogbreath
dogbreath's picture

I would buy that guy a beer or two

Thu, 04/12/2012 - 11:47 | Link to Comment Renfield
Renfield's picture

That was epic! Right up there with shoe-throwing.

Now we need on online game where you can dump beers on her all day!

Thu, 04/12/2012 - 11:23 | Link to Comment Ted Baker
Ted Baker's picture


Thu, 04/12/2012 - 11:26 | Link to Comment EasterBunny
EasterBunny's picture

WE SHOULD HAVE A POST HERE TO DISCUSS.... Seems to be a huge amount of Swiss bashing here these days

What's that got to do with this article?

Thu, 04/12/2012 - 11:23 | Link to Comment Winston Churchill
Winston Churchill's picture

What does the "Fuhrerein" say though.

Thu, 04/12/2012 - 12:08 | Link to Comment noses
noses's picture

If you start insulting people, you should at least be able to correctly spell those difficult words.

Thu, 04/12/2012 - 11:25 | Link to Comment john_connor
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The court has been purchased.  This is a non story.

Thu, 04/12/2012 - 11:54 | Link to Comment CrashisOptimistic
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Sequential stories of Germans saying Nein! have come and gone.

The court there will not obstruct the process of keeping the wheels turning.

Fri, 04/13/2012 - 13:39 | Link to Comment malek
malek's picture

Facts, links, evidence?

As of now, the German constitutional court is still one of the best, maybe even THE best in the world, when it comes to doing what they ought to: protecting the constitution of their country.

But I am well aware that they will not be able to stem the flood alone, if this goes on for long enough (another decade or two). At some point the bodies voting for the next constitutional court judges will be corrupted, and then in the medium term it the end of a balanced, impartial court. Just like we have in the US for a long time already.

Thu, 04/12/2012 - 11:26 | Link to Comment 1eyedman
1eyedman's picture

the germans always feign indignation, then vote for furthering the eu federalization wholeheartedly.  i guess they just keep being promised that germans will get to be 'in charge' and that its 'others' who will lose their some other minorities in the past.  

germans and eu would be best off if -germany- left the euro....then all the other countries could devalue.

Thu, 04/12/2012 - 11:31 | Link to Comment SheepDog-One
SheepDog-One's picture

Gee, its almost like they're building some kind of '1 world central government' thingy.....NAH that cant be.

Thu, 04/12/2012 - 11:29 | Link to Comment Wolf in the Wilds
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We can hope but given the state of the world today, I have some doubt if the Constitutional Court will stand up to the Government.  If they do follow up with their initial assessment in the last judgement, then the court should stop the ESM and the EFSF in its current form (or rather "formless").  If referendums were to be required, it is clear that ESM and EFSF is dead.  I wonder how the ECB will react to that?

Thu, 04/12/2012 - 11:29 | Link to Comment connda
connda's picture

" the process stripping not only all of Europe, but also Germany of sovereignty, with the ESM being run by a few bankers, and held accountable to nobody"

And this surprises who?  I thought that was the plan.  Right?

Thu, 04/12/2012 - 11:30 | Link to Comment El Oregonian
El Oregonian's picture

I see a blitzkreig coming...

Thu, 04/12/2012 - 11:35 | Link to Comment magpie
magpie's picture

Before crossing the Rubicon, Caesar saw a golden apparition wading through the river...

Thu, 04/12/2012 - 18:22 | Link to Comment noses
noses's picture

How many ounces of it and at what price?

Thu, 04/12/2012 - 11:36 | Link to Comment Dick Darlington
Dick Darlington's picture

Finnish YLE reports the whole opposition will challenge the gubbmint on the question of raising Finland's guarantees in the Europonzi peashooter "stability" mechanism. Things are brewing under the hood again...

Via Google translate:

Thu, 04/12/2012 - 11:41 | Link to Comment ArrestBobRubin
ArrestBobRubin's picture

If Brussels were to be nuked, could the awful terrorists get a 2-fer and take out the elitist rat hole known as Luxembourg on the same blast? Now there's a False Flag we can sign up to.

Hey Mossad: get on it, will ya?

Thu, 04/12/2012 - 16:20 | Link to Comment Nussi34
Nussi34's picture

I will pay anyone who nukes Brussels a fortune!

Thu, 04/12/2012 - 11:42 | Link to Comment xela2200
xela2200's picture

Angry germans just what the world needs right now.

Thu, 04/12/2012 - 11:45 | Link to Comment TheGardener
TheGardener's picture

The constitutional court of a country without a constitution
will hold a ceremony without virgins burned or maidens drowned or tea leaves being officially involved or whatever.

Great decisions ahead in a vassal state put in charge of
still medieval European tribes.

Thu, 04/12/2012 - 12:34 | Link to Comment Sandmann
Sandmann's picture

It is the fig-leaf. The German People should be Sovereign not The Verfassungsgericht. Postwar Germany is built upon an edifice designed by Britain and the USA to render the German People impotent in their own destiny because the Anglo-American Victors blamed Populism for electing an Austrian dictator rather than the dire economic policies pursued by so-called Democrats ruling by Emergency Decree after 1928 and by-passing Parliament.

Germany is a dysfunctional polity run by a Cadre of Political Apparatchiks not unlike the GDR working as puppets of a foreign interest and suppressing the national interest of the German People to decide their own destiny without being frogmarched once again on some wild political adventurism in Europe for which they will be obliged to bleed cash, if not blood

Thu, 04/12/2012 - 13:25 | Link to Comment Rynak
Rynak's picture

The funny thing is, that this "dictator" initially wasn't even elected - he was appointed, just like that bankster that now is the head of greece. Only AFTER hitler got appointed, and his party gained complete political control, was he "elected" formally.

So nooope, one may argue about the responsibility of german people after hitler was already in power, but he ironically did not get into this position via populist means - populism instead was used for "crowd control" after he already was in position.

Thu, 04/12/2012 - 11:52 | Link to Comment agent default
agent default's picture

Converting the EU into a Federal State will require referendums in many countries.  Even if Merkel gets her way, there will be many nations that will stick to their sovereignty.  This will most likely break up the EU once and for all.

Thu, 04/12/2012 - 11:56 | Link to Comment magpie
magpie's picture

A referendum in the EU is there to be repeated until morale improves.

Thu, 04/12/2012 - 18:30 | Link to Comment noses
noses's picture

No. The EU just hasn't reached the efficiency of a standard dictatorship yet. Instead of faking the entire process of voting, forge votes or (like the good example of the USA) have a court appointed by the right party decide the result of presidential elections, European tatctics is to repeat the process until the intended result is achieved. If elections or voting had any effect it would have been forbidden for a long time.

Thu, 04/12/2012 - 11:54 | Link to Comment aleph0
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Finally .. some good news.

Of course, I'm sure Merkel will get  the Consitution changed before the Verfassungsgericht can even set a date !

Thu, 04/12/2012 - 12:11 | Link to Comment noses
noses's picture

There is no constitution in Germany because the people would have to vote on it.

Thu, 04/12/2012 - 12:12 | Link to Comment tmosley
tmosley's picture

"Why a mouse maka funny face, lookin' for chez?  Cause he's a MOUSE!  Why a German want to take over the world?  Because he's GERMAN!"

Thu, 04/12/2012 - 12:23 | Link to Comment q99x2
q99x2's picture

You mean they might not let themselves be killed by the banksters again.

I'll believe it when I see it.

Thu, 04/12/2012 - 12:40 | Link to Comment Börjesson
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"It [the German Constitutional Court in Karlsruhe] is only a Court with one opinion, whereas we have another opinion.”

- Angela Merkel (yes, she actually said that!)

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