Tagged: ESM-judgement

German Constitutional Court on the ratification of the ESM Treaty and of the Fiscal Compact

On the 12th September 2012, the German Constitutional Court issued its much-expected third judgment on the constitutionality of measures that have been taken at the level of European and international law in response to the ongoing sovereign debt crises in the Eurozone and the crisis of the currency union that resulted thereof.

Although the decision as such bears nothing revolutionary, the interesting issues of this case lay in its details, particularly the parts of the decision regarding the representation of the German parliament in the ESM and the lack of termination clauses in both treaties. This is why I am going to do a rather detailed summary of the applicants’ arguments, of the government’s opinion and the court decision first and only comment on the case in the second part of this entry.

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