Thursday 1 September 2011

German Constitutional Court to Be Taken to the European Court of Human Rights

Great spot by Ironies Too:
The case presented by Professor Markus Kerber over the unconstitutionality of the bailouts and other latters now underway in the EU has been bogged down for what seems an age, as reported from time to time on this blog.

Professor Kerber is now ready to take the complaints the the European Court of Humman Rights, presumably over the head of Germany's highest court Read it here.
As noted on this blog a few times the German Constitutional Court is very reluctant to challenge the supremacy of the EU. So with the bailouts being specifically outlawed under Article 125 of the Lisbon Treaty, it has been dragging its feet on the recent complaints of the legality of the Greek bailouts, to avoid making a decision on what looks a clear-cut case. As a consequence of its delaying tactics (aka ostrich in the sand) it is now likely it will be referred to the European Court of Human Rights because such a 'delay' is "an infringement of the constitutional rights to a hearing and statutory judge" (oh the irony):

The plaintiff group Europolis announces that the Constitutional Court of Germany will have to face a judicial review of its proceeding in the case of the financial aid for Greece and the European Financial Stabilisation Mechanism before the European court for human rights. This action seems unavoidable to Europolis after the Constitutional Court of Germany had not admitted the constitutional complaint of June 29th 2011. Europolis regards this negligence as an infringement of the constitutional rights to a hearing and statutory judge.

According to Europolis, the oral proceeding on July 5th 2011 was not in line with the common legal requirements. The Court had clarified that the crucial questions of the economic suitability of the European financial rescue plan would not be under consideration. Also, the alleged voidness [sic] of the loan facility agreements because of infringement of European law as well as the problematic purchase of government bonds by the European Central Bank system had been ignored by the Constitutional Court.

“The refusal to allow the complainants to realise constitutional claims infringes the right of due process and a fair trial guaranteed by the European Convention on Human Rights. That requires a legal clarification by the European Court of Human Rights” declares Kerber.

Once again the institutions of European governments have been shown that they cannot make the final leap to full fiscal and political union but nor can they own up to the obvious - that the project is not working. Instead we are left with lots of fudge - that simply cannot continue.


  1. One can but hope the 'white knight' wins, however I feel the outcome will show the Pope is an Anglican!

  2. Depressingly I think you're right, still at least there's some amusement to be had at the mess they keep getting themselves into.

  3. Does the German Constitutional Court honestly think it stands a cat in hell's chance of winning this in the EUROPEAN court? What are they thinking? Unless this is an attempt to deliberately sabotage the case of course...