Time for the mind
Thomas Röttcher - Curriculum Vitae

The fateful hour is approaching: Tomorrow, on September 12, from 10 clock, the Federal Constitutional Court (BVG) in Karlsruhe is his, eagerly awaited by the federal government fell verdict for ESM treaty and the fiscal pact. . (Whether the period around the 11/12 September austrahlt a special magnetism for the world fortunes formative events - it was up to me, they would have long to return the whole treaty with the remark to parliament, thus saving court costs or "Rejected!" at least to delay the judgment on. I know a mere utopia ...)

Now, how will the judge decide that?

So easy you will not stop the ESM (can or want), although the unconstitutionality of laws bundle is obvious. The responsibility for such a decision should simply too big for them to be (as in my article "European superstate, we come! A dystopia." Run). A European law measure was anyway never blocked by the BVG, thinks the law expert Helmut Siekmann in the Financial Times Germany. However, around 60% of the Constitution Experts believe, the newspaper added that the sign off of the ESM shall subject to harsh conditions, probably similar to the Lisbon Treaty - at the time a similar limbo ...

So what the judges are going to do? - I strongly suspect that they - in order to preserve one's own face - still use their veto in order then to bring the "trick" with the referendum on the table: to delegate the decision to the majority will of the people. The fact that the ESM with the Basic Law is not compatible and we would need a constitutional amendment to legitimize him about the German Michel had to be located. Some applicants, such as the association "More Democracy e. V.", supported by some 37,000 individuals, would the safe area, but it would be exactly what they demand.

Whether the constitutional judges - and this category of applicants - but is aware that this could mean the beginning of the end of our Constitution?

To get the CODE 146 counterpart speeches equal before: Yes, we may not have "real" constitution, but "only" a "provisional" constitution. But exactly this precise drafting of fundamental rights is one of the best in the world! And it is provided in this form with an eternity guarantee. Why put all that at risk what we have so far protected against too much state encroachment and the future should at least provide a minimum protection?

At an appropriate European Constitution - which will certainly give us citizens no longer rights, no quite the opposite will be the case! - Operating in the backrooms already, it may be assumed, without needing to be clairvoyant. The Eurocrats have indeed only the design from 2004 to dig back out of the drawer and modify something. What then still failed in referendums, meets in crisis-ridden Europe today to other requirements: The mass of the people is still susceptible to fraudulent practices. And especially vulnerable to blackmail, through the love of money. "If you are not a constitutional amendment, the euro dies and you have your whole remaining assets still going on." Grippy yet might be the motto Either. A similar strategy is so promising that even a Mr Schäuble can now heat up for referendums. The thorny question that remains is how quickly such a project would be implemented ...

The majority of Germans seem anticipative to hope for a victory of the euro-opponent, as the collection of the institute YouGov showed.

And the dedicated Sarah Luiza Hassel-Reusing whose action (with whom she wanted to know the ESM completely blocked) Significantly not approved, nothing leaves no stone unturned: How she found out to Constitutional Court and rapporteur in the ESM process, Peter M. Huber until recently calculated the board of trustees of the association "More Democracy e. V." have been active, which increases the probability of the variant referendum. She introduced a motion for bias ado. Whether it helps?

Our author and blogger Magnus Wolf Göller I bet, not willing to use a bottle of beer only, he was more: He assumes the ESM will be accepted. Whoever draws the short term with - who holds it?

-

Supplement of 12 September:

The affair is decided, the ESM is through - with limitations. Should we laugh or cry because now? The government speaks of a good day for Europe that markets react positively, even the ESM applicants - about Gauweiler or Gysi - are satisfied. Clear: It could have been far worse (see above).

The review of constitutionality carried out only "in the summary summary proceedings". Thus, it was said that the ESM is not likely unconstitutional (what a vague statement of a court!). The judges were, as expected from me, probably not man enough to take responsibility for a rejection (and the likely consequences of a Euro-crash). The ESM will be allowed us now to impose therefore more "European" than we should be loving.

Observers assume, however, that due to the requirements of the BVG more votes in the Bundestag will be needed. The corresponding debates could, the German business news, be additionally heated by the approaching elections. Moreover, has the Pirate Party today released secret documents to the ESM, in whose possession it has fallen. The last word is perhaps not yet spoken ...

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8 Responses to "ESM before BVG: Unconstitutional, but ... (a last minute forecast)"

  • Magnus Wolf Göller says:

    Dear Thomas,

    It is touching to see how well you care for our beer bottles and you're thinking, while we have arrived to bet only to empty those with me.

    More than 8 euro cents pledge seems none of any side to want to put on a like from you bewettetes or other judgment of our venerable Federal Constitutional Court.

    Nobody wants the content to sacrifice perhaps negligent in bare more unpredictability; too valuable it appears.

    No one seems the SNB more, no matter how it turns's trusted to it for more than 8 cents (previously told 5 pennies, but just as much were still worth) thinks reliably, thinks that it is interpreted to be trusted.

    Whether this is due to our avarice? Or just sensible? Horten we have the beer, or treat others only bottles, but no longer the delicious juice in it?

    The SNB should be tomorrow unceremoniously declared a quorum, which no one had yet on the bill of the bettors, so we can use the empty bottles yes to Brussels or Frankfurt, or anywhere else like Mr Draghi bore just send directly to him, unfree, with the remark that he could prescribing to drive to the nearest German supermarket, with appropriate escort, there still can redeem as long as the still possible in euro cents, at Goldman Sachs do not result in undue losses of German taxpayers, zuzüglicher under appropriate penalty, compensate only some public repugnance ready.

    Or do we build the "recent Euro bottles Tower" thereof. Finally Beuys said, everyone is an artist. Even in ten years we may be, we profit if the work in the Museum of Modern Art is and all Americans and tourists marvel, honest sharing, all made of people.

    What do you mean?

  • Sundance says:

    Dear Thomas, I see the same.
    There is a NO, but! Then push in New Constitution.
    Drahgi will start ever without secretly ok, just like the BuBa 2010 in the scrap banks, via so-called rescue packages designed for apparent bankrupt states. Already 384 billion

    All just to get trickery to a United Europe; Unfortunately, our current GG leaves the but not too.

    Therefore, the whole circus at all (the apparent crisis) to loving push through its new constitution.

    I bet a pallet crates of beer for NO!

  • Magnus Göller says:

    Well, now I've probably won a bottle of beer.

    The bad Karlsruher joke is, of course, that the Court, the ECB first simply excluded with their unlimited bond purchases. Astray.

    The can provisionally repledge perk us so.

    At any height.

    So the verdict is of little value. The Goldman Sachs Dragon makes blithely via ECB.

    "From the ESM barrel you are allowed only used 190 billion liters of German Euro fabric wegpicheln, from the ECB kegs but you can provisionally drink what just goes."

    It will make an effort, as quickly as much to drink as purely fits.

    What then weggesoffen, is gone.

    Or will the SNB later reclaim the already Verbrunzte?

  • Thomas Röttcher says:

    Well, so clearly that's not the bet and its output, dear Magnus.

    No doubt I have rather lost, although I was not completely wrong with my basic assessment.

    And the approval of the BVG for ESM is also only a limited. To that extent you also lie only partially correct.

    I therefore propose the sake of clearing that I communicated rinke a glass from the bottle that fits well but then the European idea of ​​pooling of debt.

  • Sundance says:

    Well, that will probably be more like that.
    So nothing happens. Only if now is not slow if they're right, then passierts!

    So, the Constitutional Court has the ESM NOT clears. The Federal Constitutional Court in a "summary summary proceedings" ratification prohibited as long as 3 conditions is not binding under international law have been agreed:

    1) The limit of liability without prior agreement of the Bundestag begrentzt to a maximum of 190 billion euros.
    2.) The inviolability of the acts does not apply in regard to the right of the German Bundestag.
    3.) If for any reason whatsoever, to limit both of these conditions are not sufficient adhesion of the Federal Republic of Germany, the Federal Republic of Germany is not bound to the ESM.

    It has its conditions based on Article 20 (1), (2) (democratic order) and Article 79 (3) GG (eternity clause).
    Thus, the Constitutional Court decided today that in the event of an infringement and whose always, every citizen of the Federal Republic of Germany can rely on Article 20 (4) of the Basic Law (right of resistance).

    Furthermore, the BVerG stated that while the urgent applications against the ECB's decision be rejected by 06.09.2012, but PART of the main proceedings will be.

    What does this mean in concrete terms:

    A) First of all, the government and the other governments must put into the behavior and agree clarifications international law. Whether this will succeed is my opinion not entirely clear. If it comes to these clarifications, there is a very great danger for all euro-zone countries, the Federal Republic of Germany on the vehicle ESM is the new Euro-hegemon because of its economic strength. Fallen for example Italy and Spain under the ESM and must apply for financial aid, so quasi resting their right to vote. This is because the bailout is no longer sufficient and the capital of the countries can no longer be worn (ESM Treaty, Article 4, paragraph 8).
    As is already the case for Greece, Portugal and Ireland, and after adding of Cyprus and Slovenia, arises for Deutschlan your voting rights of 42.2625%, if this happens, however, with a maximum liability of Germany by 190 billion euros. The contractor therefore vacate the Federal Republic of Germany an option, their voting interest (paid of course!) To increase to 42%. The important difference is: Previously, it was mandatory for both sides, with additional clauses to be agreed, it is for Germany an option, in which the others are the writer. It is by no means assured that the others will agree!

    (this is perhaps the reason why the ECB has so decided on 06/09.? Thus, if enough money there to overturn this option ??)

    B) Why does the Federal Constitutional Court, the ECB's decision on the merits explicit decision, but if after the ratification of the ESM Treaty, due to the international law binding substantive proceedings is actually obsolete?
    Here you have to look at the Maastricht judgment, has been clearly defined in the fact that Germany can emerge from the Euro (and ichglaube even need ??), when the stability of the currency is no longer guaranteed (must due to the current inflation this assumption be a legal perspective currently discarded). Here thus lies an implicit threat of the Constitutional Court to the ECB in it: It is your task, and deciding how far you go, but if necessary we have the finger on button and there is a clear criterion. It is highly advisable not to push too far! Well, it is quite common that the main method will now drag on for years. Since a corresponding inflation ("Liraisierung of the euro") is in a few years no longer hide when the ECB really "unlimited" einsteigt, is the mandate of the ECB, it is on 06/09. has given himself, severely limited by this decision of the Constitutional Court. In fact, it's like this that both the ECB and the Fed (as always baptized the animals) no operational measures in the direction of "quantitative easing" can decide without being in the future lead directly to increased inflation (according to published on Zero Hedge analyzes it sin at the Fed about 300 billion dollars; you put this into consideration to the additional 1 trillion national debt of the United States within the past 286 days ...). Thus, the calculation here is clear: Either inflation will be visible in the next 3 years, then Germany must exit from the Euro, or the ECB gets the curve and are made from a legal standpoint any objections to the extraordinary measures in extraordinary times (BVerG at ECB : CALL from this number you come out only when you really have a good hand)!

    C) The verdict of the Constitutional Court was a clear SWAT to all 37,000 citizens (to which I also belong), who had appealed against the ESM. There was no legal swatter, it was a one ... A .tritt! The statement of the Constitutional Court was clear:

    Dear people,
    ALTHOUGH YOU HAVE RIGHTS THAT NOT doing well, but we are the wrong address. If your COURAGE AND your power only so far GOING FOR SIGNING AN ACTION TO BE MADE, THEN This is not sufficient. We can only democratic order and eternity CLAUSE PROTECT, and then only with words !!!!!
    Failing that, you may have anyway pitchfork in your hand!

    Organize yourselves! IF YOU WANT TO CHANGE peacefully back, THEN DOES IT ONLY the Bundestag! MORE THAN YOU WITH NOSE DRAUF to push, WE CAN DO! IF YOUR NOT MAJORITY FOR YOUR IDEAS gets YOU WILL LOSE THE FIGHT. That is part of democracy!

    FULL STOP, your BVerfG

    What is to do? We need to organize ourselves in a party for the parliamentary elections-2013. Since not much time left, there are few options. A new foundation is virtually hopeless. The only hope / opportunity that presents itself, in my view, the Pirate Party, since they above are in surveys already 5% barrier, are already present in some countries, and my impression (added: An outside view) certain discussions permits and open plan.
    Who disagrees here, feel free to post!

    The crucial point is that it is for the current situation in no need of a classic, full party program, it is about completely different things!

    1) The party should not participate in a government!
    2.) The party should be limited to safeguarding the rights of the Bundestag and civil rights and therefore constitute the only real opposition party selectable.
    There are issues this enough: suffrage, Budget Law, budgets for the next year, decisions on financial contributions, the right to speak in the Bundestag, the Bundestag order divestment decisions in committees, ...
    This provides a whole legislative period to do enough. As you can withhold in foreign policy issues without loss of prestige, even waive its right to speak and abstain from voting.
    I assume that one with corresponding initial position (known party) can obtain a share of 15% only on these issues, if we can get possibly until next year 20% which connects with the themes of pirates. This is in my opinion also the lower limit for a critical mass to zukönnen ever bring about a change in these subjects. If you come to such a share, you can no longer be ignored by the media.

    Enough babble and written, get going!

  • Sundance says:

    What I noticed also that the boys are well know: Baroso, Vosskuhle, Schäuble, Duke, etc.
    all in the same Foundation.

    http://www.neue-universitaetsstiftung.uni-freiburg.de/personen.html

    If Goldmann Sachs wants to take over the EU's financial center as well as the 5 largest (R & R, USB, Morgan, GS), the US-FED,
    and Baroso calls now that the EU CoL submits to banking supervision, then I can imagine what will come out at the end of it.

    Because England is a fief of the pope, the CoL, the Fed has the handle that does not belong to the United States but to the United States (North viginien Company), the Pope has called for a 1 in the German Parliament, the new world order, then soon the Queen, because Germany is everywhere then again in Germany. Roman Empire nations!

  • Sundance says:

    Goldmann Sachs understood / interpreted itself as the bank of God.

    Who will that be?

  • Critics says:

    Strache called the ESM now "Sadomasochism Treaty". And rightly so! Quelle: https://deutschland24.wordpress.com/2012/08/31/fpo-chef-strache-nennt-esm-einen-sado-maso-vertrag/

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