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ALLIANCE FO§ DEMOCRACY
bombLetter to the IMF relation to the
Headbombno-value-ECM - 05/12/16
bombLetter to the CDU Youth Union - 14/11/16 bombLetter to the IDW regarding
Headbombthe EFSF’s Financial
HeadbombStatements – 19/10/16
Headbomb+ Correspondence IDW -> MFD 15/11/16
Headbomband MFD -> IDW 16/11/16
bombLetter to the european Financial
HeadbombSupervision relation to the
Headbombno-value-ECM - 03/10/16
bomb14th Letter to the Parliament for Judicial
HeadbombReview of the Free-Trade
HeadbombAgreements - 27/05/2016
bombApplication to the Constitutional
HeadbombCourt for Judicial Review of the
HeadbombFree-Trade Agreements - 27/05/2016
bombBILD - Pillory of Shame - 21/12/15 bombCriminal charge of making a false
Headbomballegation against netzpolitik.org - 17/09/2015
Headbomb+ response of Public Prosecutor in
HeadbombBerlin - 20/05/2016
bombLetter to the Ifo President - 05/11/14 bombComplaint to the German
HeadbombPress Council - 21/11/13
bombLetter to the IMF - 17/10/13
Headbomb+ Supplementary letter 22/11/13
bombLetter to the EU Commission - 17/10/13 bombLetter to the Presidium of the ECB - 17/10/13 bombAgainst the dismissal of
HeadbombFederal President Wulff - 13/06/13
Headbomb+ Response from the Hannover
HeadbombPublic Prosecutor's Office 25/07/13
Headbomb+ Opinion of the Alliance for
HeadbombDemocracy 21/08/13
Headbomb+ Letter to Celle General State Prosecutor’s
HeadbombOffice 10/10/13
bombPetition for the independence of the
HeadbombJudiciary and State Prosecutor - 06/05/13
Headbomb+ response by the Petitions Committee of
Headbombthe German Bundestag - 08/06/16
bombPetition for the introduction of genuine, direct
Headbombdemocracy - 25/04/13
Headbomb+ reply of the Bundestag - 14/11/16
bombPetition against corruption - 25/03/2013 bombCriminal complaint re. Target 2 10/11/2012 bomb1st Constitutional Complaint - against the
HeadbombFederal Government - 21/03/12
bomb2nd Constitutional Complaint - ESM incl.
Headbombsupplement - 12/06/12
bomb3rd Constitutional Complaint - ESM incl.
Headbombsupplement - 18/09/12
bomb4th Constitutional Complaint - Federal
HeadbombGouvernment against the ECB (by CJEU)
Headbomb27/09/12
Headbomb+ response of Federal
HeadbombConstitutional Court - 06/06/16
bombPress reports 27/6/12 + 24/10/12 bombSpringer complaint 28/09/11 bombDelayed insolvency bombPetition to the German Parliament 31/05/11 bombPetition to the European Parliament 21/06/11 bomb1st Letter to Members of Parliament 23/06/11 bomb2nd Letter to Members of Parliament
Headbomb26/09/11
bomb3rd Letter to Members of Parliament 19/05/12 bomb4th Letter to Members of Parliament 23/05/12 bomb5th Letter to Members of Parliament 20/06/12 bomb6th Letter to Members of Parliament 27/06/12 bomb7th Letter to the Parliament 27/9/12 bomb8th Letter to the Parliament 15/10/12 -
Headbombagainst Corruption 15/10/12 in addition to
HeadbombPetition 25/03/13
bomb9th Letter to the Parliament 24/10/12 bomb10th Letter to the Parliament 05/12/12 bomb11th Letter to the Parliament - 20/05/13 bomb12th Letter to the Parliament - 16/10/13 bomb13th Letter to the Parliament - 10/12/15 bombQuestions to the Bundestag 27/28/06/12 bombTo the members of the Bundesrat 14/06/12 bombTo the minister of finance 12/06/12 bombSecond Letter to the Finance
HeadbombMinister - 27/02/15
bombObjection to Hartz IV - Judicial Review
HeadbombComplaint BVerfG
bomb1st Lawsuit against Federal government
bomb21/03/11
bomb2nd Lawsuit against Federal government
bomb05/10/11
bombOpen letter 16/18/02/11





Headbomb4th Constititional Complaint of the
HeadbombFederal Gouvernment against the
HeadbombECB (by CJEU) - 27 September
Headbomb2012

On 6 September 2012, the Council of the European Central Bank (ECB) approved the unlimited purchase of government bonds on the secondary market, although the text of the decision was not published. In a press release, the ECB stated that the bond purchases could proceed under specific conditions (see MfD complaint), but the ECB’s decision violates the German constitution (Art. 38), because the spending, borrowing and liabilities of the Federal Republic of Germany – parliamentary sovereignty – are decided by our democracy (BVerfG of 30/06/2009 - 2 BvE 2/08, Rn. 249), which is also protected by Art. 38 I of the Constitution. The ECB’s decision justifies unlimited liabilities for the Federal Republic, and the Bundestag (or any other representatives of the people such as the European Parliament) have no say.
Bundestag member Peter Gauweiler and Hessen Justice Minister Jörg-Uwe Hahn urged the Federal Government to appeal the resolution, but instead the German government announced its support of the ECB’s decision, stating that the ECB must remain independent while fulfilling its monetary responsibilities. Because the ECB’s sole responsibility is monetary policy and not debt financing, the Alliance for Democracy filed a constitutional complaint on 27 September 2012 (AZ: 2 BvR 2214/12).

After nearly four years, the Alliance for Democracy has received a response from the Constitutional Court, stating that the complaint “was not accepted for a ruling. It is inadmissible to the extent that it directly addresses the actions of the European Union.” In addition: “To the extent that the constitutional complaint is directed against the participation of the Deutsche Bundesbank in the OMT programme, it is unfounded. In the interpretation provided by the European Union Court of Justice […], the program is compatible with the Constitution.”
All the same, the Constitutional Court criticised the OMT program, after the ECB announced it was going to purchase government bonds from ailing member states, saying it was obviously unconstitutionally and illegally overstepping its authority. Instead of ruling on the matter with regard to the German constitution, however, the justices of Germany’s highest court deferred to the European Court of Justice in Luxembourg. After a few cosmetic actions, the ECJ passed the matter back to the German court (ECJ C-62/14 of 14/01/2015). The ruling: The OMT is permissible (BVerfG ruling of 21/06/2016 - 2 BvR 2728/13).

Now the Outright Monetary Transactions (OMT) program is history. To deal with the crisis, the ECB now uses quantitative easing, a much more far-reaching program. It permits the ECB to buy up government bonds of all euro countries (even those that are not ailing) in an undifferentiated and uncontrolled manner. However, they are not permitted to do this under the European Treaties (ruling of 14/01/2014 - BvR 2728/13). It remains to be seen how many years the Constitutional Court – or the ECJ – will take to rule on this, if at all. By the time they do, the euro may no longer exist.
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