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Election of the Constitutional Court judges
Bundestag President Lammert wants to have future Constitutional Court judges elected with a different majority
in parliament than previously, such as that required for constitutional amendments. Lofty plans, but in the
stranglehold of the lack of alternatives to the rescue of the Euro, it is the dilemma of this government that
whatever they attempt is doomed to failure, because it has no more
freedom of action.
All government business is therefore artificial business. One such example is the so-called impartiality of all
judges of the supreme German court, and also the federal courts.
Let us remind ourselves in this context of the
deeper meanings and subtleties
behind the intention to establish a European rating agency, which originated as a foundation, but was in reality
a 3-stage model for an international rating agency initiated by the Bertelsmann Foundation. The terms “European”
and “international” are intended to indicate that if such rating agencies are deemed by all to be good, then this
must also be good for the European Currency Union, and particularly for Germany. To dignify the whole thing by
the name of foundation exceeded all charity that could be attributed to this idea. In this way, predators who
prey on people can thereby salve their consciences, thereby concealing the actual risks for investors. But to
return to Mr. Lammert: He now wants to achieve something similar with his proposal. Something that he cannot
implement, but which should be a contribution to the preservation of democracy, which has suffered greatly by
the discussion over the ESM/Fiscal Pact and the crisis in general.
The forthcoming Act regarding the appointment of future Constitutional Court judges in the German Bundestag should
show: The Government is subject to control, and does not exert power simply at its own discretion. The
representatives of the people behave in accordance with democratic principles and act within the scope of their
mandates. An appealing marketing strategy, which does not however mean what it promises. The product is past its
sell-by date, whatever the advertising says, because although democratic decisions are supposed to be made
according to the majority principle, this says nothing about whether the judges (could) have decided partially or
impartially. Mr. Lammert cannot exclude the impartiality of judges simply by majority appointment, and it is
therefore impossible to give the Federal Constitutional Court or the federal courts the veneer of independent
jurisdiction. Current plans are no longer anything other than topics of conversation during the lunch break; but
these still cost tax funds, and should therefore have more importance, and especially more effect.
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