Translate

Tuesday, June 30, 2009

German Parliament To Tell The Kids When To Come Home


The German Constitutional Court has spoken. What has it said? A copy in English of its decision appears on Grahnlaw. I am trying to read it disturbed by kids on all sides demanding attention, which is not ideal, but life is like that these days!

To my way of thinking, it asks a question of the German Parliament and that question is simply 'are you sure you want to legislate away the democratic rights of the German people?.

If so you are entitled to do so, but so that the courts can be certain, we need each of the powers vested in you to be legislated away in clear form, not with one broad brush stroke merely handing over your power to another body in perpetuity (the EU).

The EU does not have a democratic basis (but one based solely on international agreement) and handing power to the EU permanently, so that no ratification of its actions are required would not be allowed.

The EU cannot commit its member states to making war, for example, in any circumstances, and other crucial areas of government decision making cannot be handed over to the EU.

In other words the Lisbon Treaty and no other Treaty can be permitted to take away the powers of the German parliament, as the only basis for action that the EU has in Germany is and has to be founded entirely on the agreement of the German Parliament.


It's like saying to the kids, 'ok you can all go to the party, but just remember that you have to come home when we, or rather when the German Parliament says so.'

Ralph Grahn, the EU lawyer, doesn't see it that way of course. He's gone off with a lyrical poetic ode, praising the joys of the new world order where lawyers can make even more money without having to bother listening to anyone - not even the German Constitutional Court, it appears!

He writes as follows - If and when a uniform European people is constituted as the subject of legitimisation, and it is able to express its majority will in a politically effective manner that takes due account of equality in the context of the foundation of a European federal state, the road to a European federation is clear.

Dream on, Ralph! Your totalitarian state has been well and truly rumbled, and a few well-crafted words cannot hide the fact.

The EU party's not quite over yet sadly, but your ship is holed below the water line and listing. All we need is the coming financial crash and you lot are all mincemeat. Enjoy the jelly and ice cream. It might be your last scoop.

The party will soon be over. The German Constitutional Court has just informed you that the EU doesn't hit the necessary standard of acceptability, and nor is it likely to. They said it, however in such polite language that you missed the primary message completely.

I find that when children won't listen to a kind rebuke, next stop is usually a firmer reprimand. Don't cry though, Ralph. We all love you really.

UPDATE 7th July 2009 - From Hermitter writing in comments on Nosemonkey..

UPDATE - From Hermitter writing in Nosemonkey comments...

ne should not overlook that quite influential and powerful political forces were backing this constitutional complaint. E.g., Dr Peter Gauweiler is not only a “simple” Bundestag MP, but is acting on behalf of the most powerful conservative fraction within the CDU/CSU. Dr Gregor Gysi is the head of the Socialists, who are very strong in former East Germany; and Baden-Wurttemberg, as one of the most powerful laender, filed the complaint on behalf of the Bundesrat and rest of the Bundeslaender.

So, it wasn’t just “one individual” complaining to the Court, but the most powerful political forces (besides the federal government) in the country. Different from the US Supreme Court, the German Constitutional Court has a ruling-history of seeking consensus and seldom writes opinions that are dissenting too far from “public opinion”. The court uses often “proportionality” to decide what is conform with the Basic Law (and what not). E.g., possessing a small bag of cannabis for one’s own use is fine, says the BVerfG, because law enforcement must be balanced against the right to “free development of personality”. The same “proportionality” is normally applied as a lubricant when the BVerfG meshes with EU law. Each side is jealous of its prerogatives but also eager to avoid confrontation. If seen under this perspective, this ruling of June 30, 2009, is rather a “tsunami” than a “gentle breeze”. You have to read the whole decision very closely (including the complainants’ arguments) to understand this . . . and don’t be fooled by the polite, moderate wording of the verdict. This is just part of this court’s disposition.

As a matter of fact, this dicision ended the “dream” of a European Federation for good (at least as long as Germany is part of the Club.

6 comments:

kerdasi amaq said...

Will any legislation that the German Parliament pass, take precedence over the Lisbon Treaty, or will it be of no consequence anyway?

Will the EU agree to accept as valid any law that puts a National(provincial) government above the EU?

tapestry said...

The EU will try to drive a coach and horses through this judgement.

Maybe some of the judges will lose their jobs and be replaced, but make no mistake this judgement sets up a future confrontation.

The EU will say that the German Parliament agreed to 'ever closer union' and has to abide by its commitment to do so. The German Court is saying that the German Parliament is not able to agree to anything outside its powers which are defined by the Constitution.

It's a straight forward war of words, which could develop into longterm conflict. Time is slipping aay from the EU - Ireland, Czech Republic, Poland all standing aside from Lisbon at this moment and the UK on the verge.

kerdasi amaq said...

Angela Merkel has been passed a ticking parcel by the German Constitutional Court.

tapestry said...

Lolz!

The ticking parcel is already in her paws as the world is set to face the second leg of the financial downturn in stock market collapse terms.

The EU grew on financial froth, and it will collapse into the coming financial meltdown. The German decision and the Irish referendum could both be seen as typical 'bear market' events, with many more to follow.

While the money's pouring in, everyone says 'yes'. Once it disappears, all suddenly start saying 'no'. It's as old as the hills.

One world government froth is blowing away and the political programmes that fed on its credit boom folly, will be consumed to dust, EU included.

Full marks to the German Court for saying what nearly everyone is thinking but didn't dare admit - The EU's due to end and the Parliaments and democracy are going to reassume power.

Not in the next ten minutes but the events are now happening - glacially slowly but happening nonetheless. Break-up is starting, while the rats rush around the decks getting ready to jump.

tapestry said...

This is my favourite quote from the decision of the German Court -

"In Germany,
accession to a European federal state would require the creation of a
new constitution, which would go along with the declared waiver of the
sovereign statehood safeguarded by the Basic Law. There is no such act
here. The European Union continues to constitute a union of rule
(Herrschaftsverband) founded on international law, a union which is
permanently supported by the intention of the sovereign Member States."

It is the 'permanently supported' phrase which is obviously so wrong when every single state has a majority in favour of a referendum on Lisbon, and a putative majority in most countries to reduce the power of the EU.

There is no such thing as a permanent intention!! There is no such thing as a permanent anything - except of course 1000 year Reichs etc, which only exist in the minds of madmen.

Gold IRA said...

This is really very amazing blog. The German parliament was doing very impressive decigen. I like that and appreciate for all this.Watch a free video on Gold IRA.