La Corte Costituzionale tedesca approva il Fiscal Compact, precisandone condizioni e limiti
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Press release no. 67/2012 of 12 September 2012
Applications for the issue of temporary injunctions to prevent the ratification of the ESM Treaty and the Fiscal Compact unsuccessful for the most part
Today, the Federal Constitutional Court pronounced its judgment regarding several applications for the issue of temporary injunctions.
The main objective of the applications is to prohibit the Federal President from signing the statutes passed by the Bundestag and the Bundesrat on 29 June 2012 until the decision in the principal proceedings; by signing the statutes, the Federal President would create the precondition for the ratification of the international agreements – the Treaty establishing the European Stability Mechanism (ESM Treaty) and the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union (known as the Fiscal Compact) – which are approved therein.
Press Release no. 47/2012 of 2 July 2012 provides information (in German) on the facts of the proceedings. It can be retrieved on the Federal Constitutional Court’s website. Extracts from the decision are available in English on the Federal Constitutional Court’s website as well.
The Second Senate of the Federal Constitutional Court refused the applications for the issue of temporary injunctions with the proviso that the ESM Treaty may only ratified if at the same time it is ensured under international law that
1. the limitation of liability set out under Article 8 (5) sentence 1 of the ESM Treaty (TESM) limits the amount of all payment obligations arising to the Federal Republic of Germany from this Treaty to its share in the authorised capital stock of the ESM (EUR 190 024 800 000) and that no provision of this Treaty may be interpreted in a way that establishes higher payment obligations for the Federal Republic of Germany without the agreement of the German representative,
2. the provisions of the ESM Treaty concerning the inviolability of the documents of the ESM (Article 32 (5) Article 34 and Article 35 (1) TESM) and the professional secrecy of all persons working for the ESM (Article 34 TESM) do not stand in the way of the comprehensive information of the Bundestag and of the Bundesrat.
The Federal Republic of Germany must express that it does not wish to be bound by the ESM Treaty in its entirety if the reservations made by it should prove to be ineffective.