Beteiligungsrechte von Bundestag und Bundesrat sollte die bisherige .. ablösende ständige ESM auf formell außerhalb der europäischen Verträge stehenden. Apr. Hintergrund: Stellungnahme des Deutschen Bundestages zum Die Weiterentwicklung des Europäischen Stabilitätsmechanismus (ESM) zu Vereinbarung im Koalitionsvertrag zwischen CDU, CSU und SPD vom 7. Feb-. BvR /—u.a.—Verhinderung der Ratifikation von ESM-Vertrag und Fiskalpakt . 23 On the other hand, the right to vote can be violated if the Bundestag’s.

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The German Bundesbank describes it as payment system of the central banks of the Eurosystem for the settlement of urgent transfers in real time, in which credit institutions settle their payment transactions for a fixed monthly fee via a single platform.

To the extent that they have been admissibly challenged in the present proceedings, the provisions on the integration of the German Bundestag in the decision processes of the European Stability Mechanism, which follow from the Act on the Treaty Establishing the European Stability Mechanism and the ESM Financing Act, are ultimately also compatible with the constitutional requirements.


It is not relevant in this context whether a call for payment made by the European Stability Mechanism is justified. It can, however, exert sufficient influence on the activities of the European Stability Mechanism via the detailed guidelines for borrowing operations Art. In addition, in the case of fundamental changes of circumstances, a party may withdraw from the treaty on the basis of Art.

This can, in general, also take place by transferring essential budgetary decisions to bodies of a supranational or international organisation, or by the assumption of corresponding obligations under international law bb. Such a review may be considered at most in borderline cases of a clear reduction of monetary value through acts of a public authority cf.

The budget, which pursuant to Art. The later addition of the participation rights remains within the limits of permissible amendments during the legislative procedure. The uncertainty about when a Member State will get into serious financial problems or when a loss of the European Stability Mechanism that has to be balanced will take place, does not allow for anticipatory budgeting.

The principle of democracy, which is protected by Art. It does not restrict the budgetary autonomy in an impermissible way, it essentially complies with the constitutional requirements, and puts into specific terms provisions of Union law which already exist.

Accordingly, the parliamentary groups have a right to equal participation in the formation of political opinion, which derives from Art.

Bundesfinanzministerium – Europäische Finanzhilfen im Überblick: ESM

To the extent vetrag he expressly reiterates his arguments after the Court’s judgment of 12 September, he states:. How far the specific structure of the European Stability Mechanism itself, which was established on the basis of Art. Moreover, the introduction of the euro in another state, as well as its subsequent admission in the European Stability Mechanism, requires a unanimous decision of the states of the euro zone.

In spite of the simplified procedure for the adoption of a supplementary budget cf. Without such a decision of the plenary, the German representative must vote against the proposed resolution. The overall budgetary responsibility of the German Bundestag is generally exercised by debating and passing decisions in the plenary, by the decision on the Budget Act, by statutes with financial effects or by other constitutive decisions of the Bundestag cf.


Es ist ein zentrales Element demokratischer Willensbildung.

ESM und Fiskalpakt verstoßen gegen Grundgesetz – The European

Not only is the maximum amount of payment obligations certain Art. The obligations of ESM Members to contribute to the authorised capital stock in accordance with this Treaty are not affected if any such ESM Member becomes eligible for, or is receiving, financial assistance from the ESM. Here, the legislature has a wide margin of appreciation, in particular with regard to the risk of the payment obligations and liability commitments being called upon, and with regard to the consequences to be expected for its legislative discretion; the Federal Constitutional Court must generally respect this.

However, such guidelines cannot, by their nature, exclude the risk of losses; in addition, the Bundestag has no means of enforcing a conduct of the ESM institutions that adheres to these guidelines. The only decisive issues are whether the Federal Republic of Germany can indeed make a payment called for in the amount and period of time required, and whether it is entitled under constitutional law to do so.

The European

If, however, at the accession of a new member, which requires the approval of the Bundestagshares of capital stock were issued higher than at par, pursuant to Art. In view of this, the legislature must take sufficient measures to be able to permanently meet its responsibility with respect to integration 1. The fact that some of the decisions are subject to the vote of the plenary cf.

With regard to all other aspects, the constitutional complaints are inadmissible. The participation rights must keep pace with the development of the Treaty — whether by statutory amendment, or by interpretation — so that the effective exercise of parliamentary budgetary responsibility and the Integrationsverantwortung is guaranteed in every eventuality cf.

What is decisive in this context is not the form of legitimation, but the effectiveness of the democratic governance of the decision-making processes cf. The vertrab of democracy under Art. The votes of the member s of the Board of Governors of the ESM Member s concerned shall be suspended when the Board of Governors votes on such decision and the voting threshold needed for the adoption of that decision shall be recalculated accordingly.

In view of the likelihood of such payment shortfalls, the legislature has a margin of appreciation; however, even considering this margin of appreciation and leeway for forecasts, the legislature assumes an unjustifiable liability risk with the European Stability Mechanism.

Furthermore, it is not clear how a supplementary budget can be adopted and promulgated within the short period of seven days pursuant to Art.

Allocating decision-making powers to a committee of the German Bundestag can violate neither rights of a parliamentary group a nor rights of the German Bundestag which the parliamentary group could assert through representative action b. What is decisive for the latter is that the Bundestag is involved, and vretrag that the involvement takes the shape of a law.


Issuing shares above par could cause a leveraging of the funds of the European Stability Mechanism.

In essence, complainants I. Should the interest level rise, ssm would immediately result in significant loss risks. This applies in particular to resolutions on the disbursement of individual tranches of the stability support granted.

This enables, and if necessary, obliges the Federal Government to make its approval of an application for membership contingent on an amendment of Art. A treaty entered into for an indefinite period of time may be terminated at any time by all contracting parties by mutual agreement.

While, by approving individual assistance measures of the European Stability Mechanism, the Bundestag assumes the risk of the potentially ensuing losses and the costs for the federal budget, it has no opportunity to influence the loss risks which follow from the operations of the European Stability Mechanism.

If it is considered indispensable to safeguard the financial stability of the euro area as a whole and of its Member States, the ESM may provide stability support to an ESM Member subject to strict conditionality, appropriate to the financial assistance instrument chosen Art.

The implementing provisions provided for in the ESM Treaty do not constitute regulations with fundamental budgetary importance, because the implementing provisions cannot go beyond the regulations and stipulations of the ESM Treaty. The overall budgetary responsibility is affected in particular. The Bundestagwho had only received the draft with a total of 26 attachments three days before passing the decision, had thus no chance to exercise its overall budgetary responsibility.

The negotiation of an MoU, which usually entails considerable efforts, creates a fait accompli with regard to foreign policy and massive, inescapable pressure to approve. Please find a list of all translated decisions available on this website, including a search form. On 15 and 24 Marchthe euro group agreed on the basics of an assistance programme for the Republic of Cyprus. The overall budgetary responsibility is affected in particular 1.

ESM Members hereby irrevocably and unconditionally undertake to pay on demand any capital call made on them by the Managing Director pursuant to this paragraph, such demand to be paid within seven days of receipt. In these cases, the Federal Government may through its representative only vote in favour of, or abstain from voting on, a resolution proposal on matters of the European Stability Mechanism when the budget committee has passed a decision in favour of this.

It is unrealistic to assume that a civil servant bound by the instructions of the Ministry of Finance will act contrary to a vote in the German Bundestag.