ALLIANCE FO§ DEMOCRACY

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.