The last word Karlsruhe, so it has always been since the founding of the Federal Republic. Since Europe still like so much closer together with binding contracts and a private European Court in Luxembourg: The Karlsruhe Castle District still reside the German Constitutional Court and ensure its own absolute power mainly in that they mammoth projects of the Federal Government tip now and then – once the labor market reform Hartz IV, once the inheritance tax or the care allowance. Politicians grumbled, but she follows
Since the euro crisis the Baden peace is disturbed. Now the highest German court is in open conflict with colleagues from the highest European court, the European Court of Justice (ECJ) in Luxembourg. This Tuesday is clear again. The Karlsruhe constitutional judges negotiate again on a monetary Phantom with the symbol OMT.
It is about the “outright monetary transactions”, ECB President Mario Draghi two and a half years ago in a now legendary press conference with the words announced that he wanted to save the euro, whatever it costs ( “whatever it takes”). The ECB would therefore engage crisis states under the arms, by buying their short-term bonds. And although full, as long as the country slip under the bailout ESM and commit to strict reform and austerity measures. Lawyers and economists swore that it was not monetary policy (for which the ECB is responsible), but economic policy (for which it has no jurisdiction). Above all, pulled the eloquent CSU politician Peter Gauweiler noisily in court.
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Considering that the program has never been applied, it already caused plenty of legal trouble. And it ensures especially that of the so far only subliminally guided power struggle between Karlsruhe and Luxembourg will be held as open as it is extremely unusual for lawyers with their penchant for discrete restraint.
Because so far the Alpha were -Juristen connected in cooperative aversion. The rivalry was indeed always palpable, but you finally fought for a common cause: for a single European law without having such a complex structure such as the European Union is simply not feasible. The reason for anger there was earlier, but the break was always avoided. In public, the German Constitutional Court President Andreas Voßkuhle and former ECJ President Vassilios Skouris gave always jovial distances.
The highlight of grudging cooperation was two years ago, the Karlsruhe decision, the ECJ on the question of the competence of ECB to call. It could be the highest German judges but not suppress, their Luxembourg colleagues to give a detailed description of their view of things along the way.
Between the two highest authorities now everything could be beautiful harmony when the European judges had the Karlsruher proposals assessed least favorably. but they have not. The central arguments wiping their European judges aside. In their view, the ECB has acted within its European legal mandate, apart from some necessary corrections.
For the alpha-applicant Gauweiler that was an outrage that have demonstrated nothing less than the “claim to power” of the ECJ and only insufficient “wrapped in the formal garb of judgment” was. “For the Constitutional Court the Court’s judgment is a declaration of war”, Gauweiler claims in known boldness. Even the liberal Kronberger Kreis criticized the decision clear: they mean a “delimitation of the monetary policy mandate”. In order to rot the justification for the ECB’s independence.
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