Friday, June 6, 2014

Incidentally, in Germany did not have a constitution. There is a fundamental law written after II-W


Incidentally, in Germany did not have a constitution. There is a fundamental law written after II-World War, under the pressure of U.S. and other allied countries, which determines the state system. Therefore, every German Chancellor before its approval in Germany, went to the U.S. to visit / and securely obtain indulgence /. But even if it is not canceled by the constitution before World War II. There are disputes whether in the absence of a constitution / Germans did not vote for such a thing / international treaties of Germany are valid. Attempts of scientists and politicians to restore the Third Reich as the sole legitimate authority of the representative of Germany. And this is not a conspiracy theory, but a real international problem. But the topic is very long, and beyond the scope of this blog. If you are interesting, the internet has a lot of information on it. http://www.openeurope.org.uk/Article/Page/en/LIVE?id=9284 Summary: Today the German Constitutional Court ruled that a permanent eurozone bailout fund ESM, and his "fiscal compact" on budgetary discipline violate the fundamental law of the country "and not to oppose the sovereignty of the Bundestag over budgetary matters. Nevertheless, the Court added an upper limit on the size of the ESM. He also enhance the effectiveness of" veto "of the German Bundestag upon activation of ESM, and therefore added conditions and access to member-borrowers, the program of buying exapaq bonds of the ECB (OMT), as the two are related. Yet the solution is not clear and is in many ways a call for additional lawsuits - for the purchase of bonds by the ECB and more - a lot more political disputes. This decision was only the question of whether to grant a temporary ban on EMC. Full deciding on appeals is expected in early 2013. Nevertheless, since the law can now be finalized as an international contract is difficult to change, many expect the final decision to be the same. Key points of the decision: 1. Ceiling of 190 billion for the contribution of German participation in the ESM, which can be modified only by the Bundestag 2. Both houses of the German parliament should be adequately informed of all decisions in relation to ESM - something which should be enshrined in international law. 3. Podsilenisa exapaq powers of the Bundestag approval required for all activations of ESM 4. Explicit prohibition fund ESM to borrow directly from the ECB 5. German Government may terminate its participation exapaq in the ESM at any time, as recognized exapaq in "customary international law" 6. In its decision, which is expected in early 2013, the Court will also consider whether the program of buying bonds the ECB / OMT /, is illegal in relation to EU law. What is the immediate impact of the decision: exapaq - Makes complete the ESM much harder: The current lending capacity of the ESM, 500 billion is not enough to rescue Italy and Spain, which means that the ceiling could be real obstacle for large saves. - Strengthening the veto Bundestag on ESM activation: The decision also reinforces that all future bailouts by ESM, will require the approval exapaq of Parliament. The court also urged that both houses of the German Parliament - Bundestag and Bundesrat - must be fully informed of all ESM solutions, something that should be set as an "international agreement". Whether the ESM treaty will have to be rewritten? The Court suggested that the ceiling of the commitment and participation of the Bundestag, will require changes in the structure exapaq of the ESM. If so, this could be done in three ways: 1) a record of the German Government: The German government can put the necessary changes in German legislation implementing the contract before signing it into law by the German President Joachim Gauck. 2) Ratification of the German Bundestag law EMC may be amended in Parliament and then again ratified and signed. 3) Rewriting the contract ESM: All ESM treaty should be changed to ensure that these requirements will be set out in the contract.
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