ALLIANCE FO§ DEMOCRACY

Inactivity of the Constitutional Court

On 6th September 2012, the European Central Bank (ECB) decided on the unlimited purchase of government bonds. The ECB is giving ailing countries valuable funds in return for worthless bonds, and is therefore financing national debts. In the event of default, Germany, and ultimately the German taxpayer, will be liable for its share in the ECB (27 %).

The decision of the ECB was made without the German Bundestag and without the German people. That is undemocratic. The Alliance for Democracy has therefore lodged a so-called constitutional complaint with the Federal Constitutional Court (BVerfG).

The aim of the constitutional complaint is that the Federal Government should in turn lodge a complaint with the European Court of Justice (ECJ), and thereby put a stop to the purchase of government bonds by the ECB. The Federal Constitutional Court should oblige the government to do this. A direct complaint by the Alliance for Democracy before the ECJ was unfortunately not possible. In many cases, citizens cannot themselves bring an action before the European Court of Justice, other than before the Federal Constitutional Court, only the member states (represented by their governments) are authorised to bring such actions. Europe thus remains far out of touch with its citizens.

This is a matter of urgency. It is a matter of liabilities in the amount of hundreds of billions. The Treaty on the Functioning of the European Union (TFEU) specifies that a complaint is only possible within two months. This period expired on 6th November 2012.
The supreme German court unfortunately remained inactive, and did nothing more than assign the matter a file reference (2 BvR 2214/12). It saw no need for action, or decided to adhere obediently to the instructions of the government, which is prepared to allow such an attack on democracy and also on the assets of the citizens, and is also prepared to sacrifice its vision of Europe, even if this makes no sense.
The Federal Constitutional Court confirmed the receipt of our application – so at least the Post Department still appears to be functioning.
On 17th March 2013 we asked the Court what was the status of the matter, because the two months had expired. And – finally – at the end of January came a reply. It stated: “Our application would be shelved because of other proceedings submitted on the matter.” When asked what proceedings these were, we were informed by the Court: “No information can be provided on this subject.”
The Alliance for Democracy sees in this the overpowering hand of bureaucracy at work! What a shame that our supreme German court sees it as beneath itself to decide in the interests of an idea which has long since revealed itself to be nothing more than a dream, if not even a nightmare. Democracy and legitimacy have therefore been surrendered. This can no longer be tolerated in the light of the Constitution; from the point of view of the citizens, this must be regarded as criminal and unconstitutional.
The Alliance for Democracy calls on all bodies who serve the protection of the Constitution to supervise those in office who are committing or are involved in this treasonable sellout of basic democratic values. The Alliance for Democracy is simultaneously reviewing measures for amending the Constitution which would be necessary in order to put a stop to such actions. We are the people, and we should also have our say as to what should happen!