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View Full Version : German Federal High Court sued at the EU Court for Human Rights


Skybird
08-24-11, 07:17 AM
Edit: Got the headline wrong and cannot correct it anymore. It is not the High Court but the Constitutional Court.

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A group of 55 German enterprises and corporations, some of them heavyweights in their branches, have sued Germany's Federal Constitutional Court at the European Court for Human Rights. The clai m is the German court helps to damage the very basics of democracy, and that it denied the group of suind companies basic legal rights and procedural ways in order to prevent the claim in that older case ever being seriously considered by the court.

Further claim now is that the German govenrment and the Constitutional Court erode legal and democreatic basic order of the German state and community. There is an erosion of legal rights and guarantees on European level that result in a violation of the - in Germany constitutionally guaranteed - right to own and protect private property, and certzain guarantees for fair and just proceedings at court. Certain rights written in the EU's own charta of human rights were violated and broken by the governments'S decision on Euro-related issues as well. The fundament of the EU's claim to be a community of valid laws that amongst others guarantee equal treatment for all, are being eroded. With it'S guarantees for Euro bailouts and the European Stability Mechanism ESB, the government gambles and puts at risk the value of German citizen'S private property.

This group aölready had called the court when the Bundestag had to decide on the bailout for Portugal. The urgent natuzre of the matter was not accepted as such by the court, the sentence was delayed and the Bundestag already waved it through days and weeks before the court finally gave its verdict - and of course rejected the case.

The suing companies also do nto accept that the court refuses to accept ecponoimical and fianjcial calculations that deal with the self-destroying risks of the Euro guarantees the German government is giving away carelessly. They say that the immense damage to the nation and the German community were a relevant argument and an inevitable evidence to see the relevance of their complaints. The court back then refused to consider these, saying that they were not relevant and would not be considered by the court, since they were a political issue only.

The spokesman of the suing group now also says they openly question that the court still serves it'S constitutional duty, saying that it raises the suspicion to just serve the timetable-related and content-related expecations and demands of the government. He continues with saying that in principle what happens is a coup d'etat by Sarkozy and Merkel who constantly bend and break valid laws, with the constitutional court even assisting them.

The court'S verdict is expected for Septembre 7th. On the same day the govenment has marked the final meeting of the Bundestag where it hopes to push through the vote for the ESM. Why the hurry? Is the giovernment already in the knowledge that the court will rule once again in their favour?

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I personally do not give this court case even just a mild breeze of a chance. First, collaboration amongst key institutions of the legislation and the jurisdiction are already so widely established in Germany, that whenever the Constitutional Court gets called over an Europe-related issue, you can safely bet your money on that it will support the official course of the government, no matter how obviously rule-breaking it is. You will lose your money on one occasion - but win on ten others. Second, they call the - European court for Human Rights. Ehem - what I just said, is even more valid for the European courts. They have a standing history to be in full support of the elitarist interests of the Ezuropcarts and govenrments pushing the EU. Of all courts ion thbis planet, the court for Human Rights is the one that is the utmost unlikely to ever critically consider and speak out against what their masters - the chiefs of governments - want them to say. Else they would not be considered for a following turn in their well-poayed but short-termed offices, becasue the judges at the european courts get called by the heads of governments of the EU. So much for the independence of legislation and jurisdiction.

Source: German only, sorry.
http://www.welt.de/politik/deutschland/article13562129/Unternehmer-bringen-Verfassungsrichter-vor-Gericht.html

If you understand German, I urge you to read the second article as well.
http://www.welt.de/debatte/kommentare/article13555847/Merkel-veraendert-die-demokratischen-Grundlagen.html

It is by Gertrud Höhler, who became famous in Germany in the 80s with plenty of books she wrote. She is about how Merkel erodes the law and abuses the system in order to establish a policy of lacking values and oprientation, so that total whateverism and opportunism justifies any violation of treaties and laws and allow politics to survive on a basis of just from-one-day-to-the-next. Brilliant analysis - true, right to the point, and condemning.

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There are othger Euro-ralted cases laying at the Constitutionalo Court as well, currently. Just one of them maybe has a chance to maybe see the court taking the courage to demand at least slight corrections on some details. The Euro madness this and the previous government has ridden us into, in major parts violates principles basic rules of the German constitution (that's why Brussel deamnds so ferocously that national sovereignity of parliaments shall be handed over to Brussel in certain key areas of policy making - not just the debt-loaded Southernh states where it would make sense, but also - and especially!!! - the netto paying countries like Germany, Finland, Austria, Holland). It's just that Germany no longer has an independant, soveriegn and courageous inmstititon guarding the constitution. The Federal Constitutional Court too often in the past has shown it's sympathy for opportunistically leaving its clearly defined role and just weazeling around to serve everybody while not hurting anybody, or to support the Euro-related foreign policies of the government.