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- Title
Demokratie und parlamentarische Kontrolle der Entscheidungen im Europäischen Stabilitäts-Mechanismus und Fiskalpakt.
- Authors
Karpen, Ulrich
- Abstract
Various cases were lodged against the European Financial Stability Fonds (EFSF) and the European Fiscal Pact before the Federal Constitutional Court (FCC). In a temporary injunction procedure on September 12, 2012 the court refused to prevent the Federal President from ratification of the treaties: The court held in this summary procedure that the treaties are compatible with German constitutional law, demanded however that the Federal President added some reservations to the ratification, mainly for purpose of strengthening the rights of parliament. The FCC had to deal with fundamental constitutional issues such as democratic principles, parliamentarianism and sovereignty of the Federal Republic. At the centre of the FCC's reasoning stood the question at which point of European integration the state would lose its identity and find itself in a sort of federated system "Europe". This is the fifth of basic rulings of the FCC on this matter. It should be added that a few weeks later, on submission of a case by the Supreme Court of Ireland, the European Court of Justice held the treaty as conforming with the Lisbon-Treaty, namely not violating its "no bail out-clause" (November 27, 2012). There is no doubt that the decision of the FCC on September 12, 2012 is again a "highly political" judgment, which raises the question of" gouvernement des juges" in Germany. In the ongoing procedure of decision on the merits, the FCC held a two-day public hearing (June 16-17, 2013), which dealt primarily with the issue whether the European Central Bank is entitled to purchase state loans of the Euro-crisis-states on the secondary market. The final decision of the Court on the "package of saving the Euro" may be expected by end of 2013 or beginning of 2014.
- Subjects
EUROPEAN Union countries; EUROPEAN Financial Stability Facility; EUROPEAN Financial Stabilisation Mechanism; DEMOCRATIZATION; CONSTITUTIONAL law; EUROPEAN Central Bank
- Publication
Zeitschrift für Parlamentsfragen, 2013, Vol 44, Issue 3, p645
- ISSN
0340-1758
- Publication type
Article