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Democracy in Germany – a balance

Democracy means above all separation of powers between three institutions, which should independently implement the will of the people. These three forums are the Legislature, the Executive and the Judiciary. This pure democracy, as once called for by the Frenchman Charles de Montesquieu, does not actually exist in any country in the world. In Germany, we have a so-called parliamentary democracy, in which the people are represented by a body which is elected by the people and which acts on its behalf. That does not mean however that there is any separation of powers in today’s Germany.
A Parliament freely elected by the people could, for example, establish its own courts and also decide on laws created in the Parliament. This would not however mean the separation of the Judiciary from the Legislature. In another example, the Parliament, for example, could maintain and command a police force, but then the Legislature would be bound to the Executive. Both cases are not allowed under our Constitution. Nevertheless there are relationships between the Executive and Legislature in our country; the Chancellor and Ministers (all representatives of the Executive) are often also members of the Bundestag (and so belong to the Legislature), so that cronyism, political pressure, influence and corruption are possible. In addition, the Government (Executive) is dependent on the majority in the Parliament (Legislature). There is no separation, let alone any independence.
This does not correspond to the idea of democracy, although could occur as a form of government if the state were not democratic, and could even correspond to a completely different form of government. In the interests of parliamentary democracy, separation of powers is therefore unimportant and political interests, in particular the current euro-European politics even benefit from its non-existence.
In this respect there may be a separation of powers even in a dictatorship, and in particular when the head of government (King, Emperor, dictator, i.e. the Executive), however he is chosen, has the laws of the country he rules created by another body, and free courts exist.
The independent, unbiased work of the three branches, as once called for by Montesquieu, can only be upheld if there is an interest in having all three branches working independently of each other, being controlled by independent bodies and everyone being able to involve themselves in the other’s sphere of activity if political decisions are brought into doubt or even rejected as a result of popular referenda.

In today’s Germany, the talk is always of independent legislators. The Federal Constitutional Court in particular is certainly considered as independent, because the judges of this Court come half from the Bundesrat, chosen by an Election Committee of the Bundestag. The Judiciary is therefore elected by the Legislature. However, Federal judges are elected for 12 years and then they cannot be elected again. However, to have this apply as proof of the independent activity of judges in each case is particularly difficult if the Judiciary (such as the Federal Supreme Court) has decided that a law is valid, and not the Legislature, whose task this actually is.
The effectiveness of a law is certified by the so-called legislative procedure. The Parliament must have consulted in three readings of the bill, the Bundesrat must have agreed in case of doubt, the President must have signed the law, and it must have been published in the National Gazette. In case of doubt, the Judiciary (e.g. the Federal Constitutional Court) decides only whether a law might be irreconcilable with the Constitution, and must therefore be amended or stricken from the statutes; the judges also consider whether different legal standards are potentially contradictory and assess how a certain legal case is to be treated. For the separation of the Judiciary and Legislature, it is crucial to what extent they are each dependent on the other – in Germany today, they are considered to be independent; countless examples from recent history however reveal the opposite. A clear example of this is the disempowering of the Parliament, which no longer decides alone on the national budget – Germany is now governed by the ECB. This move of the Merkel Government in terms of a desired United Europe brought forth strange fruits, such as, for example, not contesting the Target-II.
The Alliance for Democracy called for corresponding inputs and measures by the ECB, and joined in a criminal complaint of the legal expert Bernd Schünemann, but: nothing happened. On the contrary, the claims continue to pile up and currently amount, according to the Deutsche Bundesbank, to an unimaginable € 588.5 billion (the German national budget in comparison is only € 306.2 billion). And this even though the Frankfurt Public Prosecutor’s Office has since confirmed: The money is gone! Or as it states literally in the judgment grounds:

“The objective worthlessness of the claims of the Deutsche Bundesbank against the European Central Bank results from the serious difference between equity and debt management. The claims could not be liquidated due to the lack of available liability funds if a default were to take place due to the insolvency of a Target2 subscriber and/or a national central bank. In the event of default due to the insolvency of a foreign bank granting loans or a foreign central bank, the complainant rightly expects a necessary recapitalisation by the additional issuance of government bonds.”

Ludicrously, nobody may be brought to account for this, because the offence of breach of trust under consideration here requires a concrete loss of assets under the Penal Code. And this is not the case, at least not at the moment, according to the Public Prosecutor’s Office; there is no default, although it remains uncertain whether or to what extent there might be in future. Jurisprudence is adhering to the requirements of policy, that insolvency could theoretically still be prevented, and all the Target-II claims of the Bundesbank would then be settled. Theoretically. In practical terms however, Europe is bankrupt!
The decision of the Public Prosecutor’s Office confirms that politics cannot be held to account – even in the event of the gravest and most far-reaching mistakes. It is no longer subject to the democratic and judicial control provided for by the rule of law. A scandal.
Since the beginning of the financial and debt crisis, the ECB has reduced or even suspended the minimum requirements for the credit rating of countries; by the decisions of 2008, even junk bonds quality as security, such as the government bonds of the bankrupt Greece. The Bundesbank is therefore accepting pseudo-securities. By this means, the ECB wants to enable countries and national economies which are bankrupt and have no genuine security to offer, to continue to take part in European credit transactions. This should therefore prevent a catastrophe such as the collapse of Greece. Greece’s economy and banks (and those of other Euro countries) are being kept alive artificially. Imports and exports are controlled so that money and goods continue to flow; the profits flow largely to the banks, while companies, states and the countries are bankrupt, and will remain so as long as the losses of the banks are simply transferred onto the shoulders of the people (rescue packages and national financial stabilisation laws and funds). The supporting countries are enriching themselves from these losses. This anti-national bankruptcy policy promotes predatory capitalism, which is supported by the political syndicates (e.g. the EU Commission) and is directed against citizens and savers. The Alliance for Democracy believes: This is fundamentally no more than aiding and abetting and delaying insolvency. There can be no loans without real security, since these lead only deeper into the mire of debt – there are so far no insolvency regulations for dealing with ailing Euro countries. The Euro is therefore being devalued. All political efforts to forecast something different, let alone to speak of the stability of the Euro, are lies, which serve only to conceal the decline of the currency and the transfer of the costs onto the taxpayer. This applies for all Euro countries, although it is hardly reported by the press in Germany.

This example shows how the separation of powers functions quite wonderfully, above all in the interest of retention of political power. In this respect, the question arises whether a Government should have so much power, and whether a legislative Parliament should have not also have a free hand to enforce laws against a judiciary. Otherwise, it can hardly be explained how parliamentarians have been robbed of their supreme right – budgetary authority – and how it can be that a country knowingly accumulates debt after debt, which would have to be paid for at any time by the taxpayer, if the country or even the whole continent were to go bankrupt.

The future Germany cannot be part of a disenfranchised Europe that was conjured up by money-wasting, inept politicians, just because they were unable to dissuade bankers from their gambling addiction and even dealt with them. The whole story shows: this situation must be cleaned up urgently in the state of Germany.
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Member states
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The transfer procedure
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Vladimir Putin
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More control
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Euro summit
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Germany getting screwed
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We are the people
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Sister Merkel
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