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.