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Every effort against non-democracy

At the moment, the Federal Constitutional Court in Karlsruhe is concerning itself once again with questions relating to the ESM. The Alliance for Democracy has submitted several constitutional complaints, some of them as urgent applications. In particular, the Alliance for Democracy pointed out to the constitutional judges the bias of the judges – this application however was not included on the agenda of the main hearing on the ESM, which has now commenced. What a travesty!

Even the “Stern” in its weekly commentary “Zwischenruf” posed the question of the partiality of the highest German court (Stern, Issue 30, 2012, p. 46), although in another sense, namely that the Federal Constitutional Court was placing itself above politics, and wanted to engage in politics itself, which “Stern” found unacceptable.
The Alliance for Democracy finds: The Supreme Court must pass judgements, especially when and even if this is not amenable to politics. For justice is immutable, and may not be subservient to political interests. Otherwise justice quickly becomes injustice.

As has been made known by the press, the court found in the initial phase of the main hearing on the fundamental question of whether it was even empowered to make such a decision, even though the court last year judged the ESM/Fiscal Pact not to be illegal, and Germany ratified this “pact with the devil”, just as Angela Merkel had wanted.
While last year it was above all a matter of creating the necessary requirements for ratification, the main matter in hand this year is the purchase of junk government bonds of the ECB, and the question of how these are to be valued, and with them the high-risk reconciliation claims of the ECB from the payment transactions with other bankrupt countries of the EMU, which simultaneously include claims of the Deutsche Bundesbank to the current level of around € 600 billion.
The equity capital of the Deutsche Bundesbank is € 140 billion. This means that the assets of the Bundesbank consist to approximately half, i.e. € 600 billion, of high-risk claims, which are therefore liable to be written off, or in other words money which is not worth the paper it is printed on. If these claims were to become due, the Bundesbank would immediately go bankrupt, and the state would have to would have to find and extract this amount from its taxpayers, pensioners and savers. It is obvious that such a debacle would also drive the country into ruin.
It is also up to the Court to decide what should happen with these junk bonds, which are held by the Bundesbank in order to maintain the trafficking of goods with other Euro countries. These worthless pieces of paper (such as Target II for example) are also a burden on the Bundesbank, and therefore also relevant for the taxpayers, pensioners and savers, who will have to come up with the money, if these worthless bonds ever have to be honoured. The court must also concern itself with the question of whether this support of the bank constitutes prohibited state financing, which is forbidden both under the TFEU and the German Constitution.
Last year the court did not approve prohibited state financing, although the question now remains: Does the Federal Constitutional Court, or does it not, consider the practice of the ECB as prohibited state financing?
If it is now claimed, in order to formally resolve the matter, as wished by politics, which does not want to risk bankruptcy, that even the Maastricht Treaty made allowance for a completely unassailable independence of the ECB, and that the Federal Republic of Germany could not therefore take any steps to the contrary, and even the German Finance Minister believes that the way ahead has been laid down by the Maastricht Treaty, and that Germany is also bound by this, the result is clear for all to see: The court will plead permissible state financing, or at least that this form of support is not illegal.
If this were the case, then it must be kept in mind that the constitutional complaint lodged by the Alliance for Democracy, which was not granted immediate legal protection by the Federal Constitutional Court, even though it was submitted within the specified period, after Wolfgang Schäuble had claimed in the verbal hearing that only governments have the right to proceed against such measures. This was exactly the aim of our constitutional complaint, that the Federal Constitutional Court in Karlsruhe should instruct the government of the Federal Republic of Germany to lodge a complaint before the European Court of Justice on the grounds of the practices of the ECB. The result: Legal protection was not granted, and is in our opinion opportune, now as before. The charge must therefore be laid against the Federal Constitutional Court that it does not in any way stand up for the preservation of democratic concerns which should be subject to its control.
With such a verdict, the Federal Constitutional Court would support the machinations of the Euro rescuers, which have long since shown themselves to be less than useless, and contribute to the further decline in value of the Euro as a currency, and would further burden taxpayers and savers with the costs of delaying insolvency, which have long since exceeded all bounds. It is also highly improbable to assume that the citizens of this country, and those of other European countries, would have accepted such indebtedness imposed by the state – even presuming that they had ever been asked.

We must therefore unfortunately assume that the Federal Constitutional Court considers the practices of the ECB to be legally permissible, so that budding party politicians can continue to play a role in the gamble between the banks, big business and politics. And this must then give rise to the question of what indeed is the point of a German Constitution which fails to protect its citizens against the stupidity and the megalomania of its representatives. It cannot address the fact that if the German Constitution prohibits something, which the Federal Constitutional Court then fails to take into account in economic terms, and simply states that it is independent of what the European Court of Justice may decide, then it must be taken into account what defects lay in the in the decision on the complaint of the Irish delegate Thomas Pringle. Pringle claimed that the ESM contravened European law, because governments – contrary to the Treaty – were thereby compelled to provide amounts in the billions for the rescue of crisis countries or banks.
The European Court of Justice decided: The ESM does not in any way conflict with European law. The so-called bail-out prohibition in the treaty was not affected. The no-bail-out clause prohibits the member states of the EU from entering into financial liabilities on behalf of another member state.
If the judges at the ECJ had decided in favour of Pringle’s application, the heads of state and government would have to have instituted a so-called ordinary treaty amendment procedure. This would have been extremely laborious, and during this time aid would still have to have been provided or crisis countries from the EFSF, which in any case was exhausted.

It therefore remains to be seen whether the German Constitutional Court can free itself of such dependencies, and thereby also emancipate itself from the governments united in the debt union. To this extent, this decision of the court will show how democratic Germany can be called in the future. And we can only hope that those prophets, such as the former Federal Constitutional Court judge Paul Kirchhof and the former Federal Constitutional Court judge Di Fabio, come to the same conclusion: If the ECB violates the prohibition of state financing, then the Federal Government most immediately leave the monetary union. We know that this has not been the case so far, even though the ECB has been working towards this end.
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