The Federal Constitutional Court of Germany will pronounce judgment on cases relating to the establishment of the European Stability Mechanism and the Fiscal Compact treaty on March 18, 2014. The court has separated and stayed proceedings relating to the European Central Bank's Outright Monetary Transactions program and referred questions to the European Court of Justice for a preliminary ruling on whether the program exceeds the ECB's mandate. The court considers the OMT program incompatible with EU law but open to an interpretation that could achieve conformity.
Purchasing of health care services in Polish health insurance systemOECD Governance
This presentation was made by Rafal BULANOWSKI, Poland, at the 5th Meeting of the joint OECD DELSA/GOV Network on Fiscal Sustainability of Health Systems held on 4-5 February 2016 at the OECD Conference Centre in Paris.
The document provides an overview of the planning appeals process in Wales. It explains that applicants can appeal a planning decision if an application is refused, approved with conditions, not decided in time, or if further information was requested for an outline application. Appeals must generally be made within 6 months and be based on valid planning grounds. Appeals are handled by the Planning Inspectorate Wales and can be decided through a written process, public hearing, or public inquiry depending on complexity. The inspector makes the final decision to approve or dismiss the appeal, except for major projects which may be decided by the Welsh government. Appeals can only be challenged through judicial review.
2017 Romanian protests - A legal and an open government perspectivePoint_conference
The document summarizes protests that occurred in Romania in 2017 in response to government actions seen as weakening rule of law. It provides a chronology of events, including the government passing an emergency decree decriminalizing abuse of power offenses and proposing crime pardons, resulting in massive protests. After protests, the government repealed the decree but proposed similar bills, sustaining protests. The constitutional court both protected fundamental rights but also ruled the government's actions did not violate the constitution, showing mixed views. Despite challenges, checks and balances have remained in Romania and EU integration support remains strong.
Digest is dedicated to the process of reform of law enforcement authorities in Ukraine, first of all of police,
prosecution authorities, State Bureau of Investigation and criminal justice legislation. It is published
with the aim to better inform the society, expert community and international institutions on the state of
reforming mentioned authorities and spheres of their activity
The General Court of the European Union annulled restrictive measures taken by the Council of the European Union against seven former members of Ukraine's ruling class, including former President Viktor Yanukovych. The Court found that the Council failed to verify that the rights of the defense and right to effective judicial protection were complied with in Ukraine before extending the freezing of the individuals' funds. Specifically, the Court determined that none of the information provided to the Council established that it verified Ukraine properly complied with these rights before imposing and extending the restrictive measures over multiple time periods. As a result, the Court annulled the Council's acts extending the measures.
The document discusses the impact of the Schengen system on the Czech Republic. Key changes include harmonizing visa policies, tightening controls at external borders while removing controls at internal borders, and preferential treatment for EU citizens and their family members as well as Slovak citizens. However, full integration into Schengen by 2004 is unlikely. The Czech Republic's priority is parallel accession with Slovakia into the EU and Schengen to reduce implementation costs, though border and immigration policies may still need modifications.
The document is a newsletter from the Centre of Policy and Legal Reform (CPLR) that discusses recent reforms in Ukraine. It covers the following key points:
1. Martial law was imposed in several regions of Ukraine in response to Russia's attack. However, the decree did not sufficiently outline limitations on constitutional rights.
2. Changes were proposed to Ukraine's constitution regarding Euro-Atlantic integration, but the proposals face criticisms over ambiguous wording and potential conflicts.
3. The Constitutional Court will consider a case on its own independence over how judges are selected.
4. A new Ministry of Veterans' Affairs is being established, but experts argue its functions could be fulfilled by existing ministries without increasing
The DoPT, vide their circular No 1/5/2016-IR dated 31 Mar 2017, has invited suggestions from the public on the proposed RTI Rules, 2017 attached to it. These rules have nothing in them to ensure compliance of the law by PIOs, FAAs and ICs and are obviously intended to make it more difficult for information seekers to access information and easy for public servants to avoid providing them. If anything these proposals only expose the public servants who have drafted them and approved them for circulation as idiots and traitors!
Under the circumstances it has become necessary to draft an entirely independant set of rules for the effective implementation of the RTI Act in keeping with its objectives- for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority and also to contain corruption and to hold Governments and their instrumentalities accountable to the governed- as stated in its preamble.
Purchasing of health care services in Polish health insurance systemOECD Governance
This presentation was made by Rafal BULANOWSKI, Poland, at the 5th Meeting of the joint OECD DELSA/GOV Network on Fiscal Sustainability of Health Systems held on 4-5 February 2016 at the OECD Conference Centre in Paris.
The document provides an overview of the planning appeals process in Wales. It explains that applicants can appeal a planning decision if an application is refused, approved with conditions, not decided in time, or if further information was requested for an outline application. Appeals must generally be made within 6 months and be based on valid planning grounds. Appeals are handled by the Planning Inspectorate Wales and can be decided through a written process, public hearing, or public inquiry depending on complexity. The inspector makes the final decision to approve or dismiss the appeal, except for major projects which may be decided by the Welsh government. Appeals can only be challenged through judicial review.
2017 Romanian protests - A legal and an open government perspectivePoint_conference
The document summarizes protests that occurred in Romania in 2017 in response to government actions seen as weakening rule of law. It provides a chronology of events, including the government passing an emergency decree decriminalizing abuse of power offenses and proposing crime pardons, resulting in massive protests. After protests, the government repealed the decree but proposed similar bills, sustaining protests. The constitutional court both protected fundamental rights but also ruled the government's actions did not violate the constitution, showing mixed views. Despite challenges, checks and balances have remained in Romania and EU integration support remains strong.
Digest is dedicated to the process of reform of law enforcement authorities in Ukraine, first of all of police,
prosecution authorities, State Bureau of Investigation and criminal justice legislation. It is published
with the aim to better inform the society, expert community and international institutions on the state of
reforming mentioned authorities and spheres of their activity
The General Court of the European Union annulled restrictive measures taken by the Council of the European Union against seven former members of Ukraine's ruling class, including former President Viktor Yanukovych. The Court found that the Council failed to verify that the rights of the defense and right to effective judicial protection were complied with in Ukraine before extending the freezing of the individuals' funds. Specifically, the Court determined that none of the information provided to the Council established that it verified Ukraine properly complied with these rights before imposing and extending the restrictive measures over multiple time periods. As a result, the Court annulled the Council's acts extending the measures.
The document discusses the impact of the Schengen system on the Czech Republic. Key changes include harmonizing visa policies, tightening controls at external borders while removing controls at internal borders, and preferential treatment for EU citizens and their family members as well as Slovak citizens. However, full integration into Schengen by 2004 is unlikely. The Czech Republic's priority is parallel accession with Slovakia into the EU and Schengen to reduce implementation costs, though border and immigration policies may still need modifications.
The document is a newsletter from the Centre of Policy and Legal Reform (CPLR) that discusses recent reforms in Ukraine. It covers the following key points:
1. Martial law was imposed in several regions of Ukraine in response to Russia's attack. However, the decree did not sufficiently outline limitations on constitutional rights.
2. Changes were proposed to Ukraine's constitution regarding Euro-Atlantic integration, but the proposals face criticisms over ambiguous wording and potential conflicts.
3. The Constitutional Court will consider a case on its own independence over how judges are selected.
4. A new Ministry of Veterans' Affairs is being established, but experts argue its functions could be fulfilled by existing ministries without increasing
The DoPT, vide their circular No 1/5/2016-IR dated 31 Mar 2017, has invited suggestions from the public on the proposed RTI Rules, 2017 attached to it. These rules have nothing in them to ensure compliance of the law by PIOs, FAAs and ICs and are obviously intended to make it more difficult for information seekers to access information and easy for public servants to avoid providing them. If anything these proposals only expose the public servants who have drafted them and approved them for circulation as idiots and traitors!
Under the circumstances it has become necessary to draft an entirely independant set of rules for the effective implementation of the RTI Act in keeping with its objectives- for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority and also to contain corruption and to hold Governments and their instrumentalities accountable to the governed- as stated in its preamble.
Agenda Commissie toont opnieuw zwakte EU aanThierry Debels
De EU slaat een mal figuur bij de aanpak (of beter het gebrek eraan) van de coronacrisis. De agenda van de vergadering van de Commissie van 8 april 2020 toont dat opnieuw aan.
Voting procedures in the Bundesrat - Immigration Act casePaola Cassio
This document summarizes a legal dispute over the approval of Germany's 2002 Immigration Act. Specifically:
- Several states filed a legal challenge arguing the Bundesrat's approval was invalid due to an inconsistent vote from Brandenburg.
- During Bundesrat voting, Brandenburg representatives initially voted differently (yes and no) but the president ruled it a yes, approving the act.
- The German Constitutional Court ultimately ruled the approval was invalid since Brandenburg did not provide a uniform vote as required. As a result, the immigration act was found to be void due to the lack of proper Bundesrat consent.
The European Commission will prepare a report on Italy's breach of the debt reduction benchmark in 2015 as Italy's general government gross debt exceeded 60% of GDP. Italy had benefited from a three-year transition period after the excessive deficit procedure was abrogated in 2013 but did not make sufficient progress on reducing its debt in 2015. The Commission invites Italy's Director General of the Treasury to provide any other relevant factors by May 9th that could be considered in comprehensively assessing Italy's excess debt in a qualitative manner for inclusion in the report.
The monthly newsletter of the Centre of Policy and Legal Reform is devoted to the analysis of the state reform, in particular in the areas of parliamentarism and elections, constitutional and judicial reform, civil service, anti-corruption, etc.
The purpose of the publication is to raise the awareness among citizens and to strengthen their ability to influence the state authorities in order to accelerate democratic reforms and establish proper governance in Ukraine.
If you want to receive the monthly newsletter by mail, please send an e-mail to busol@pravo.org.ua (Yaryna Busol, communications manager of the CPLR).
1. The National Anti-Corruption Bureau of Ukraine (NABU) was established in 2015 as part of Ukraine's commitments to the IMF and EU to fight corruption.
2. NABU received significant public funding between 2015-2020 totaling over UAH 4 billion but had modest results, completing just over 100 cases despite a large staff and administration.
3. In 2019, the Director of NABU Artem Sytnyk was found guilty by a Ukrainian court of accepting an improper gift worth over UAH 10,000 while staying at a recreation center, in violation of anti-corruption laws.
Media release voter registation weekend rescheduled 7 july 2021SABC News
The Electoral Commission has postponed the voter registration weekend
by two weeks in the light of the third wave of the COVID-19 pandemic currently
sweeping the country.
The court document discusses the COVID-19 situation in Tamil Nadu and Puducherry. It notes the current number of infected patients and available hospital beds. It also addresses concerns around oxygen supplies, availability of Remdesivir drugs and vaccines. The court expresses hope that more details on drug and vaccine supplies will be provided to the state. It emphasizes the need for all parties to adhere to Election Commission guidelines during vote counting on May 2 to prevent further spread of the virus.
Digest is dedicated to the process of reform of law enforcement authorities in Ukraine, first of all of police,
prosecution authorities, State Bureau of Investigation and criminal justice legislation. It is published
with the aim to better inform the society, expert community and international institutions on the state of
reforming mentioned authorities and spheres of their activity.
This document is an objection form for a planning permit application in Brimbank, Victoria. It requests information from the objector such as their name, address, contact details, and signature. It asks for details of the specific permit application being objected to, the reasons for objection, and how the objector will be affected if the permit is granted. Notes are provided on the bottom explaining the objection process and requirements under the Planning and Environment Act 1987.
The Social Insurance Fund of the Russian Federation is a state budget fund created in 1991 to provide compulsory social security to Russian citizens. It is governed by Russian laws on compulsory social insurance and provides benefits such as temporary disability pay, medical rehabilitation aids, maternity benefits, and child allowances. It also provides supplemental health insurance payments for primary care and medical exams for workers.
Lawyer in Vietnam Dr. Oliver Massmann Legal Update Highlights July 2017Dr. Oliver Massmann
1. The Prime Minister issued a decision to promulgate, amend, and supplement numerous regulations relating to land, construction, housing, investment, and business over the next year. This includes drafting 28 new decrees and revising 22 circulars. Scheduled deadlines are provided for submission of these legal instruments.
2. The Ministry of Health issued a directive strengthening management of private medical establishments in response to issues like unauthorized foreign doctors and undocumented medicines. Provincial health departments must publish lists of licensed private clinics and those clinics must disclose operating information.
3. A resolution was passed to gradually restrict and eventually ban motorbikes in inner Hanoi districts by 2030 to reduce traffic jams and pollution.
The petitioner filed a criminal original petition in the Madurai Bench of the Madras High Court to quash an FIR registered against him and others for conducting a peaceful demonstration against the CAA and NRC amendments. While there was prima facie evidence for an FIR, the court noted that no untoward incidents occurred during the peaceful protest. Since continued prosecution was not warranted given the lack of violence, the court quashed the FIR to secure the ends of justice, with the benefit also applying to the non-petitioning accused mentioned in the FIR.
The world pandemic of the COVID-19 coronavirus has become not only a medical problem for the Russian Federation, and the “DNR” and “LNR” groups formed in the Donetsk and Lugansk territories by it, but also a propaganda opportunity - a tool for informational influence on slowing down the process of reintegrating Donetsk and Luhansk into Ukrainian and European space. The media of self-proclaimed “DNR” and “LNR” do not focus on helping people, but on spreading tendentious information about the COVID-19 pandemic in the world and efforts to overcome it.
This document summarizes 7 constitutional complaints and 1 application for an Organstreit ruling regarding German legislation approving European treaties establishing financial mechanisms for Eurozone countries. The complaints allege that the legislation violates Germany's constitution and the rights of Bundestag and citizens. Over 12,000 individuals joined in the complaints. The proceedings involve the Federal Constitutional Court of Germany, the German Bundestag, the Federal Government, and multiple authorized representatives of the complainants and defendants.
Agenda Commissie toont opnieuw zwakte EU aanThierry Debels
De EU slaat een mal figuur bij de aanpak (of beter het gebrek eraan) van de coronacrisis. De agenda van de vergadering van de Commissie van 8 april 2020 toont dat opnieuw aan.
Voting procedures in the Bundesrat - Immigration Act casePaola Cassio
This document summarizes a legal dispute over the approval of Germany's 2002 Immigration Act. Specifically:
- Several states filed a legal challenge arguing the Bundesrat's approval was invalid due to an inconsistent vote from Brandenburg.
- During Bundesrat voting, Brandenburg representatives initially voted differently (yes and no) but the president ruled it a yes, approving the act.
- The German Constitutional Court ultimately ruled the approval was invalid since Brandenburg did not provide a uniform vote as required. As a result, the immigration act was found to be void due to the lack of proper Bundesrat consent.
The European Commission will prepare a report on Italy's breach of the debt reduction benchmark in 2015 as Italy's general government gross debt exceeded 60% of GDP. Italy had benefited from a three-year transition period after the excessive deficit procedure was abrogated in 2013 but did not make sufficient progress on reducing its debt in 2015. The Commission invites Italy's Director General of the Treasury to provide any other relevant factors by May 9th that could be considered in comprehensively assessing Italy's excess debt in a qualitative manner for inclusion in the report.
The monthly newsletter of the Centre of Policy and Legal Reform is devoted to the analysis of the state reform, in particular in the areas of parliamentarism and elections, constitutional and judicial reform, civil service, anti-corruption, etc.
The purpose of the publication is to raise the awareness among citizens and to strengthen their ability to influence the state authorities in order to accelerate democratic reforms and establish proper governance in Ukraine.
If you want to receive the monthly newsletter by mail, please send an e-mail to busol@pravo.org.ua (Yaryna Busol, communications manager of the CPLR).
1. The National Anti-Corruption Bureau of Ukraine (NABU) was established in 2015 as part of Ukraine's commitments to the IMF and EU to fight corruption.
2. NABU received significant public funding between 2015-2020 totaling over UAH 4 billion but had modest results, completing just over 100 cases despite a large staff and administration.
3. In 2019, the Director of NABU Artem Sytnyk was found guilty by a Ukrainian court of accepting an improper gift worth over UAH 10,000 while staying at a recreation center, in violation of anti-corruption laws.
Media release voter registation weekend rescheduled 7 july 2021SABC News
The Electoral Commission has postponed the voter registration weekend
by two weeks in the light of the third wave of the COVID-19 pandemic currently
sweeping the country.
The court document discusses the COVID-19 situation in Tamil Nadu and Puducherry. It notes the current number of infected patients and available hospital beds. It also addresses concerns around oxygen supplies, availability of Remdesivir drugs and vaccines. The court expresses hope that more details on drug and vaccine supplies will be provided to the state. It emphasizes the need for all parties to adhere to Election Commission guidelines during vote counting on May 2 to prevent further spread of the virus.
Digest is dedicated to the process of reform of law enforcement authorities in Ukraine, first of all of police,
prosecution authorities, State Bureau of Investigation and criminal justice legislation. It is published
with the aim to better inform the society, expert community and international institutions on the state of
reforming mentioned authorities and spheres of their activity.
This document is an objection form for a planning permit application in Brimbank, Victoria. It requests information from the objector such as their name, address, contact details, and signature. It asks for details of the specific permit application being objected to, the reasons for objection, and how the objector will be affected if the permit is granted. Notes are provided on the bottom explaining the objection process and requirements under the Planning and Environment Act 1987.
The Social Insurance Fund of the Russian Federation is a state budget fund created in 1991 to provide compulsory social security to Russian citizens. It is governed by Russian laws on compulsory social insurance and provides benefits such as temporary disability pay, medical rehabilitation aids, maternity benefits, and child allowances. It also provides supplemental health insurance payments for primary care and medical exams for workers.
Lawyer in Vietnam Dr. Oliver Massmann Legal Update Highlights July 2017Dr. Oliver Massmann
1. The Prime Minister issued a decision to promulgate, amend, and supplement numerous regulations relating to land, construction, housing, investment, and business over the next year. This includes drafting 28 new decrees and revising 22 circulars. Scheduled deadlines are provided for submission of these legal instruments.
2. The Ministry of Health issued a directive strengthening management of private medical establishments in response to issues like unauthorized foreign doctors and undocumented medicines. Provincial health departments must publish lists of licensed private clinics and those clinics must disclose operating information.
3. A resolution was passed to gradually restrict and eventually ban motorbikes in inner Hanoi districts by 2030 to reduce traffic jams and pollution.
The petitioner filed a criminal original petition in the Madurai Bench of the Madras High Court to quash an FIR registered against him and others for conducting a peaceful demonstration against the CAA and NRC amendments. While there was prima facie evidence for an FIR, the court noted that no untoward incidents occurred during the peaceful protest. Since continued prosecution was not warranted given the lack of violence, the court quashed the FIR to secure the ends of justice, with the benefit also applying to the non-petitioning accused mentioned in the FIR.
The world pandemic of the COVID-19 coronavirus has become not only a medical problem for the Russian Federation, and the “DNR” and “LNR” groups formed in the Donetsk and Lugansk territories by it, but also a propaganda opportunity - a tool for informational influence on slowing down the process of reintegrating Donetsk and Luhansk into Ukrainian and European space. The media of self-proclaimed “DNR” and “LNR” do not focus on helping people, but on spreading tendentious information about the COVID-19 pandemic in the world and efforts to overcome it.
This document summarizes 7 constitutional complaints and 1 application for an Organstreit ruling regarding German legislation approving European treaties establishing financial mechanisms for Eurozone countries. The complaints allege that the legislation violates Germany's constitution and the rights of Bundestag and citizens. Over 12,000 individuals joined in the complaints. The proceedings involve the Federal Constitutional Court of Germany, the German Bundestag, the Federal Government, and multiple authorized representatives of the complainants and defendants.
This document summarizes 7 constitutional complaints and 1 application for an Organstreit ruling regarding German legislation approving European treaties establishing financial mechanisms for Eurozone countries. The complaints allege that the legislation violates Germany's constitution and the rights of Bundestag and citizens. Over 12,000 individuals joined in the complaints. The proceedings involve the Federal Constitutional Court of Germany, the German Bundestag, the Federal Government, and multiple authorized representatives of the complainants and defendants.
1. The Federal Constitutional Court of Germany delivered a ruling on March 18, 2014 regarding several constitutional complaints and an application for an Organstreit ruling challenging various laws and policies related to the European fiscal and monetary union.
2. The complaints argued that these laws and policies violated provisions of the German Constitution related to budgetary sovereignty of the German parliament and the rights of German citizens.
3. The ruling addressed the constitutionality of laws approving treaties establishing the European Stability Mechanism and related institutions, as well as challenges to other EU and German policies regarding fiscal and monetary cooperation in Europe.
This document discusses recent cases decided in 2013 where the European Court of Human Rights ruled on the compatibility of austerity measures imposed in response to the European sovereign debt crisis with the European Convention on Human Rights. The court conferred a wide margin of appreciation to national legislators in defining public interest regarding austerity measures like cuts to social security benefits and pensions. However, this margin is not unlimited. The document analyzes this case law and examines potential limits on legislators regarding cuts to public sector salaries and pensions.
This document discusses the rule of law and its connection to the management of EU funds. It notes that the rule of law is a fundamental value of the EU and its member states. Currently, the EU has regulations to protect the EU budget if a member state breaches the rule of law. The document examines how the rule of law relates to shared management of EU funds between the EU and member states. It also discusses trends in Bulgaria relating to rule of law issues and open questions about how rule of law conditionality may affect member state sovereignty.
The document discusses the principle of subsidiarity in European Union law. It provides background on subsidiarity and analyzes a key court case (Case 84/94) that helped establish the principle. It then summarizes a recent proposed protocol to enhance the role of national parliaments in monitoring compliance with subsidiarity. The document concludes by noting ongoing debates around subsidiarity and whether increasing national parliamentary powers achieves meaningful reform or is mainly symbolic.
The document discusses the emergence of the principle of supremacy of EU law over national laws of member states. It analyzes key court cases that helped establish this principle, including Van Gend en Loos, Costa v Enel, and Simmenthal. These cases found that EU treaty provisions can create direct rights for individuals, that EU law forms an autonomous legal system, and that national courts must apply EU law even if it conflicts with national law. However, some tensions have arisen from EU law supremacy limiting member state sovereignty and control over their own laws.
The document discusses various legal mechanisms for enforcing EU law against EU institutions:
1) Article 263 allows EU member states, institutions and individuals to challenge the legality of EU legislative and regulatory acts before the Court of Justice if they infringe treaty rules or procedural requirements.
2) Article 265 allows member states and institutions to bring an action before the Court if EU institutions fail to act and thereby infringe the treaties.
3) Articles 268 and 340 allow individuals to claim damages from EU institutions for breach of EU law if the infringement is sufficiently serious and causes direct loss. However, institutions have some discretion.
This document summarizes a European Court of Human Rights case regarding a Hungarian woman (N.K.M.) who was taxed at 98% on the portion of her civil service severance pay exceeding 3.5 million forints. The Constitutional Court found the tax unconstitutional as it applied to incomes earned through unconditional statutory entitlement. Parliament then reenacted the tax but limited it to incomes earned after 2010. N.K.M. complained that the tax deprived her of property and there was no available remedy.
Kowalik banczyk - the publication of the european commission’s guidelines in ...Michal
The Polish Supreme Court referred a preliminary question to the Court of Justice of the European Union regarding the legal character and effect of European Commission guidelines. Specifically, the question concerned whether the Commission's guidelines on market analysis, which national regulators are required to take utmost account of, can be relied upon against individuals in a Member State if the guidelines have not been published in that Member State's official language. The case involved a Polish telecommunications regulator relying on the guidelines, published only in English, to designate an entity as having significant market power. The entity challenged the decision, arguing the guidelines could not be applied under Polish law since they were not published in Polish. The Supreme Court sought clarification on whether failure to publish the guidelines in Polish
The new European Union (EU) economic governance package released by the European Commission on September 29, 2010 includes two major components, i.e., changes and amendments to the Stability and Growth Pact (SGP) and new regulation on the prevention and correction of macroeconomic imbalances within the EU and European Monetary Union (EMU). While the first piece offers a certain improvement in the EU fiscal surveillance rules the second one looks deeply flawed and operationally unenforceable
Authored by: Marek Dąbrowski
Published in 2010
The European Commission has declined to register the proposed citizens' initiative "STOP TTIP" for the following reasons:
1) The initiative calls for repealing the negotiating mandate for the Transatlantic Trade and Investment Partnership (TTIP), but the negotiating mandate is a preparatory act and not a "legal act of the Union" that could be subject to a citizens' initiative.
2) The initiative also calls for not concluding the Comprehensive Economic and Trade Agreement (CETA), but a citizens' initiative cannot invite the Commission not to propose a legal act.
3) For these reasons, the proposed initiative falls outside the scope of matters where the Commission has the power to submit a proposal, so
The Court of Justice of the European Union (ECJ) refused to provide a preliminary ruling in a case referred by an Italian court regarding the validity of French tax laws. The ECJ determined that the case before the Italian court was fabricated by the two private parties specifically to induce the court to refer the question to the ECJ. The two parties were in agreement about the desired outcome and included a clause in their contract aimed at prompting the referral. The ECJ concluded the request for a preliminary ruling was made unjustly through this artificial means.
The document summarizes the agenda for the upcoming Economic and Financial Affairs Council meeting on July 10th in Brussels. The Council will discuss further improving economic governance in the euro area, including proposals for enhanced monitoring of euro area member states' budgetary plans and fiscal policies. They will also discuss negotiations with the European Parliament on proposals to strengthen bank capital requirements and establish a framework for resolving failing banks in an orderly manner.
The European Court of Justice ruled on an appeal from Nord Stream 2 AG against the General Court's rejection of its action against an EU directive extending gas pipeline regulations. The Court found that the directive directly affects Nord Stream 2 AG's legal situation by subjecting its planned pipeline to EU rules. It set aside parts of the General Court's ruling and referred the case back for a decision on the merits. Specifically, the directive subjects Nord Stream 2 to unbundling and third-party access rules without leaving discretion for exemptions. As the only planned new pipeline, Nord Stream 2 AG has individual concern over the directive's conditions.
The document discusses issues relating to taxation and quantitative restrictions under the Revised Treaty of Chaguaramas (RTC).
It first addresses a 10% charge imposed on tamarind balls in St. Katts, summarizing that the charge is indirectly discriminatory and in breach of Article 90 of the RTC as it protects domestic products. It also discusses a requirement for certificates of origin on imports to St. Katts, finding it to be a measure of equivalent effect to a quantitative restriction in breach of Article 91 of the RTC.
The second part of the document addresses a 20% tax imposed by Barbarous on fruit wine, mainly imported from Trini. The summary concludes that the tax is likely indirectly discriminatory
This document provides background information and analysis regarding Decision 13-r/2020 of the Constitutional Court of Ukraine, which invalidated parts of Ukraine's anti-corruption legislation. It discusses concerns about conflicts of interest among judges, deficiencies in the court's reasoning, and possible avenues for reforming the Constitutional Court in a manner consistent with the rule of law and Ukraine's constitutional system. The document was prepared by rapporteurs for the Venice Commission to address questions raised by Ukraine's President regarding the constitutional situation.
Tuca Zbarcea & Asociatii - Banking Law Bulletin: Decision No. 2/2018 of 19 Fe...Țuca Zbârcea & Asociații
The Official Journal of Romania, Part I, of 5 June 2018 published Decision No. 2/2018 rendered by the HCCJ panel with power of jurisdiction over the appeal in the interest of the law in the public hearing of 19 February 2018. The Decision came after an analysis of the appeals in the interest of the law filed by the Leading Board of the Bacău Court of Appeals, the Leading Board of the Brașov Court of Appeals, and the Leading Board of the Bucharest Court of Appeals, respectively. The appeals were focused on: the extent and nature of the effects of precautionary measures ordered in criminal proceedings against the assets of an individual or a legal entity; the repercussions of such measures on enforcement proceedings previously started by a mortgagee who, in respect of such assets, owns rights that may be relied upon against third parties; and the manner how a criminal seizure interferes with the enforcement acts prepared in respect of such enforcement
This document summarizes a presentation on the repayment of direct taxes paid contrary to EU law. It discusses the Greek rules for tax repayment, which allow for reimbursement within 3 years or a damages lawsuit with a 5-year limit. However, these rules may not fully comply with EU law principles of effectiveness and legal protection. The EU requires member states to ensure taxpayers can obtain repayment when taxes were unlawfully collected. This may require extending time limits or allowing alternative remedies to ensure taxpayers have a genuine opportunity to claim their rights under EU law. The presentation analyzes options like extending Greece's 3-year limit to ensure it complies with these EU law principles.
The European Council adopted conclusions regarding the 2030 climate and energy policy framework for the European Union. Key points include:
- An EU target of at least 40% domestic reduction in greenhouse gas emissions by 2030 compared to 1990, to be delivered collectively in the most cost-effective manner.
- An EU target of at least 27% for the share of renewable energy consumed in the EU in 2030.
- An indicative EU target of at least 27% for improving energy efficiency in 2030 compared to projections, to be reviewed with a potential increase to 30%.
- Achieving a fully functioning and connected internal energy market, including urgent measures to ensure minimum 10% electricity interconnections by 2020.
The IMF staff report provides an assessment of the Italian economy following discussions with government officials in June 2014. Key points include:
- Italy's economy is struggling to emerge from a prolonged recession, with GDP contracting in the first half of 2014 and investment continuing to decline. Unemployment remains high at 12.3% while inflation has dropped to 0.4%.
- Financial conditions have eased due to reduced sovereign spreads but remain tight, with high real lending rates continuing to weigh on domestic demand and investment.
- Deep-rooted structural reforms are needed to boost productivity and potential growth, including reforms to the labor market, judicial system, and measures to strengthen the business environment and combat corruption.
- Re
This document provides specifications and guidelines for implementing the Stability and Growth Pact, which aims to ensure budgetary discipline in the European Union.
Section I details the preventive and corrective arms of the pact. For the preventive arm, it defines the medium-term budgetary objective that each country must meet and maintain, including taking into account factors like public debt levels and future costs of an aging population. Section I also describes the excessive deficit procedure that can be triggered if a country does not meet fiscal rules.
Section II provides guidelines for the format and content of Stability and Convergence Programs that countries must submit, including required tables and economic forecasts. The annexes include a model structure and specific tables
The IMF document outlines key reforms needed to unblock Italy's growth potential, including:
1) Structural reforms like labor market and judicial reforms to boost jobs and investment.
2) Developing the financial sector to support new lending and investment through cleaning up bad loans to free up resources.
3) Pursuing growth-friendly fiscal rebalancing through lowering taxes and increasing productive spending.
4) Support from European policies to ease monetary conditions and reduce financial fragmentation. Overall the reforms aim to make Italy more dynamic and innovative to adapt to a changing global economy.
The IMF document outlines key reforms needed to boost Italy's weak economic recovery and unlock its growth potential. It identifies four priority areas for structural reform: the labor market, judicial system, competition policy, and supporting small and medium enterprises. Specific policy recommendations include modernizing labor contracts to reduce duality, improving judicial efficiency, removing barriers to competition, and encouraging viable distressed firms. Fiscal policy should balance reducing debt with avoiding excessive tightening, and shift spending toward education and job programs while lowering taxes. Reforming the financial sector to deal with high bad loans is also seen as crucial to boosting new lending and investment.
Le accuse alla Rai sono sempre le stesse da decenni: politicizzazione, cattiva amministrazione, sprechi, raccomandazioni. Bisogna andare oltre queste critiche qualitative. Ecco perché la Rai deve dimagrire. E di ben più di 150 milioni.
Introductory statement to the press conference giugno 2014Lavoce.info
- The ECB announced a package of measures to stimulate lending and support inflation, including interest rate cuts, targeted long-term loans to banks, and work on asset-backed security purchases.
- The measures include interest rate cuts, four-year loans to banks tied to lending to the real economy, and preparations to purchase simple asset-backed securities to support the monetary policy transmission mechanism.
- These decisions aim to return inflation to below but close to 2% and safeguard inflation expectations in the medium to long term.
University of North Carolina at Charlotte degree offer diploma Transcripttscdzuip
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"Does Foreign Direct Investment Negatively Affect Preservation of Culture in the Global South? Case Studies in Thailand and Cambodia."
Do elements of globalization, such as Foreign Direct Investment (FDI), negatively affect the ability of countries in the Global South to preserve their culture? This research aims to answer this question by employing a cross-sectional comparative case study analysis utilizing methods of difference. Thailand and Cambodia are compared as they are in the same region and have a similar culture. The metric of difference between Thailand and Cambodia is their ability to preserve their culture. This ability is operationalized by their respective attitudes towards FDI; Thailand imposes stringent regulations and limitations on FDI while Cambodia does not hesitate to accept most FDI and imposes fewer limitations. The evidence from this study suggests that FDI from globally influential countries with high gross domestic products (GDPs) (e.g. China, U.S.) challenges the ability of countries with lower GDPs (e.g. Cambodia) to protect their culture. Furthermore, the ability, or lack thereof, of the receiving countries to protect their culture is amplified by the existence and implementation of restrictive FDI policies imposed by their governments.
My study abroad in Bali, Indonesia, inspired this research topic as I noticed how globalization is changing the culture of its people. I learned their language and way of life which helped me understand the beauty and importance of cultural preservation. I believe we could all benefit from learning new perspectives as they could help us ideate solutions to contemporary issues and empathize with others.
Falcon stands out as a top-tier P2P Invoice Discounting platform in India, bridging esteemed blue-chip companies and eager investors. Our goal is to transform the investment landscape in India by establishing a comprehensive destination for borrowers and investors with diverse profiles and needs, all while minimizing risk. What sets Falcon apart is the elimination of intermediaries such as commercial banks and depository institutions, allowing investors to enjoy higher yields.
Vicinity Jobs’ data includes more than three million 2023 OJPs and thousands of skills. Most skills appear in less than 0.02% of job postings, so most postings rely on a small subset of commonly used terms, like teamwork.
Laura Adkins-Hackett, Economist, LMIC, and Sukriti Trehan, Data Scientist, LMIC, presented their research exploring trends in the skills listed in OJPs to develop a deeper understanding of in-demand skills. This research project uses pointwise mutual information and other methods to extract more information about common skills from the relationships between skills, occupations and regions.
In a tight labour market, job-seekers gain bargaining power and leverage it into greater job quality—at least, that’s the conventional wisdom.
Michael, LMIC Economist, presented findings that reveal a weakened relationship between labour market tightness and job quality indicators following the pandemic. Labour market tightness coincided with growth in real wages for only a portion of workers: those in low-wage jobs requiring little education. Several factors—including labour market composition, worker and employer behaviour, and labour market practices—have contributed to the absence of worker benefits. These will be investigated further in future work.
Discover the Future of Dogecoin with Our Comprehensive Guidance36 Crypto
Learn in-depth about Dogecoin's trajectory and stay informed with 36crypto's essential and up-to-date information about the crypto space.
Our presentation delves into Dogecoin's potential future, exploring whether it's destined to skyrocket to the moon or face a downward spiral. In addition, it highlights invaluable insights. Don't miss out on this opportunity to enhance your crypto understanding!
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[4:55 p.m.] Bryan Oates
OJPs are becoming a critical resource for policy-makers and researchers who study the labour market. LMIC continues to work with Vicinity Jobs’ data on OJPs, which can be explored in our Canadian Job Trends Dashboard. Valuable insights have been gained through our analysis of OJP data, including LMIC research lead
Suzanne Spiteri’s recent report on improving the quality and accessibility of job postings to reduce employment barriers for neurodivergent people.
Decoding job postings: Improving accessibility for neurodivergent job seekers
Improving the quality and accessibility of job postings is one way to reduce employment barriers for neurodivergent people.
Enhancing Asset Quality: Strategies for Financial Institutionsshruti1menon2
Ensuring robust asset quality is not just a mere aspect but a critical cornerstone for the stability and success of financial institutions worldwide. It serves as the bedrock upon which profitability is built and investor confidence is sustained. Therefore, in this presentation, we delve into a comprehensive exploration of strategies that can aid financial institutions in achieving and maintaining superior asset quality.
Enhancing Asset Quality: Strategies for Financial Institutions
Federal constitutional court
1. Federal Constitutional Court - Press office Press release no. 9/2014 of 7 February 2014
Orders of 17 December 2013 and of 14 January 2014
2 BvR 1390/12 (partly separated as 2 BvR 2728/13)
2 BvR 1421/12 (partly separated as 2 BvR 2729/13)
2 BvR 1438/12 (partly separated as 2 BvR 2730/13)
2 BvR 1439/12
2 BvR 1440/12
2 BvR 1824/12 (partly separated as 2 BvR 2731/13)
2 BvE 6/12 (partly separated as 2 BvE 13/13)
Principal Proceedings ESM/ECB: Pronouncement of the Judgment and
Referral
for a Preliminary Ruling to the Court of Justice of the European
Union
Based on the oral hearing of 11 and 12 June 2013 (see press releases
no. 29/2013 of 19 April 2013 and no. 36/2013 of 14 May 2013), on
Tuesday 18 March 2014, 10:00 am,
in the Courtroom of the Federal Constitutional Court,
“Waldstadt” seat, RintheimerQuerallee 11, 76131 Karlsruhe
the Second Senate of the Federal Constitutional Court will pronounce its
judgment on the subjects of the proceedings that relate to the
establishment of the European Stability Mechanism (ESM) and the Treaty
of 2 March 2012 on Stability, Coordination and Governance in the
Economic and Monetary Union (Fiscal Compact). The conditions for
accreditation will be announced at a later stage; currently, no
accreditations are possible.
The Senate has separated the matters that relate to the OMT Decision of
the Governing Council of the European Central Bank of 6 September 2012,
stayed these proceedings and referred several questions to the Court of
Justice of the European Union for a preliminary ruling. The subject of
the questions referred for a preliminary ruling is in particular whether
the OMT Decision is compatible with the primary law of the European
Union. In the view of the Senate, there are important reasons to assume
that it exceeds the European Central Bank’s monetary policy mandate and
thus infringes the powers of the Member States, and that it violates the
prohibition of monetary financing of the budget. While the Senate is
thus inclined to regard the OMT Decision as an ultra vires act, it also
considers it possible that if the OMT Decision were interpreted
restrictively in the light of the Treaties, conformity with primary law
could be achieved. The Senate decided with 6:2 votes; Justice
Lübbe-Wolff and Justice Gerhardt both delivered a separate opinion.
Facts of the Cases:
In a reasonable assessment of their applications, the complainants and
the applicant challenge, first, the participation of the German
Bundesbank in the implementation of the Decision of the Governing
Council of the European Central Bank of 6 September 2012 on Technical
Features of Outright Monetary Transactions (OMT Decision), and secondly,
that the German Federal Government and the German Bundestag failed to
2. act regarding this Decision. The OMT Decision envisages that the
European System of Central Banks can purchase government bonds of
selected Member States up to an unlimited amount if, and as long as,
these Member States, at the same time, participate in a reform programme
as agreed upon with the European Financial Stability Facility or the
European Stability Mechanism. The stated aim of the Outright Monetary
Transactions is to safeguard an appropriate monetary policy transmission
and the consistency or “singleness” of the monetary policy. The OMT
Decision has not yet been put into effect.
Essential Considerations of the Senate:
1. According to the established case-law of the Federal Constitutional
Court, the Court’s powers of review cover the examination of whether
acts of European institutions and agencies are based on manifest
transgressions of powers or affect the area of constitutional identity
of the Basic Law, which cannot be transferred and is protected by Art.
79 sec. 3 of the Basic Law (Grundgesetz – GG).
2. If the OMT Decision violated the European Central Bank’s monetary
policy mandate or the prohibition of monetary financing of the budget,
this would have to be considered an ultra vires act.
a) Pursuant to the Federal Constitutional Court’s Honeywell decision
(BVerfGE 126, 286), such an ultra vires act requires a sufficiently
qualified violation. This means that the act of authority of the
European Union must be manifestly in violation of powers, and that the
challenged act entails a structurally significant shift in the
allocation of powers to the detriment of the Member States.
b) The mandate of the European Central Bank is limited in the Treaties
to the field of monetary policy (Art. 119 and 127 et seq. TFEU, Art. 17
et seq. ESCB Statute). It is not authorised to pursue its own economic
policy but may only support the general economic policies in the Union
(Art. 119 sec. 2, Art. 127 sec. 1 sentence 2 TFEU; Art. 2 sentence 2
ESCB Statute). If one assumes – subject to the interpretation by the
Court of Justice of the European Union – that the OMT Decision is to be
qualified as an independent act of economic policy, it clearly violates
this distribution of powers. Such a shifting of powers would also be
structurally significant, because the OMT Decision could be superimposed
onto assistance measures which are part of the “Euro rescue policy” and
which belong to the core aspects of the Member States’ economic policy
responsibilities (cf. Art. 136 sec. 3 TFEU). Moreover, the Outright
Monetary Transactions can lead to a considerable redistribution between
the Member States, and can thus gain effects of a system of fiscal
redistribution, which is not entailed by the European Treaties.
c) Should the OMT Decision violate the prohibition of monetary financing
of the budget (Art. 123 TFEU), this, too, would have to be considered a
manifest and structurally significant transgression of powers. The
violation would be manifest because primary law stipulates an explicit
prohibition of monetary financing of the budget and thus unequivocally
excludes such powers of the European Central Bank. The violation would
also be structurally significant, because the prohibition of monetary
financing of the budget is one of the fundamental rules for the design
of the Monetary Union as a “community of stability”. Apart from this, it
safeguards the overall budgetary responsibility of the German Bundestag.
3. The existence of an ultra vires act as understood above creates an
obligation of German authorities to refrain from implementing it and a
duty to challenge it. These duties can be enforced before the
Constitutional Court at least insofar as they refer to constitutional
organs.
3. a) It is derived from the responsibility with respect to integration
that the German Bundestag and the Federal Government are obliged to
safeguard compliance with the integration programme and, in case of
manifest and structurally significant transgressions of powers by
European Union organs, to actively pursue the goal to reach compliance
with the integration programme. They can retroactively legitimise the
assumption of powers by initiating a corresponding change of primary
law, and by formally transferring the exercised sovereign powers in
proceedings pursuant to Art. 23 sec. 1 sentences 2 and 3 GG. However,
insofar as this is not feasible or wanted, they are generally obliged
within their respective powers, to pursue the reversal of acts that are
not covered by the integration programme, with legal or political means,
and – as long as the acts continue to have effect – to take adequate
precautions to ensure that the domestic effects remain as limited as
possible.
b) A violation of these duties violates individual rights of the voters
that can be asserted with a constitutional complaint. According to the
established case-law of the Senate, Art. 38 sec. 1 sentence 1 GG is
violated if the right to vote is in danger of being rendered ineffective
in an area that is essential for the political self-determination of the
people. On the other hand, Art. 38 sec. 1 sentence 1 GG does not entail
a right to have the legality of decisions taken by a democratic majority
reviewed by the Federal Constitutional Court.
Vis-à-vis manifest and structurally significant transgressions of the
mandate by the European institutions, the safeguard provided by Art. 38
sec. 1 sentence 1 GG also consists of a procedural element: In order to
safeguard their democratic influence in the process of European
integration, citizens who are entitled to vote generally have a right to
have a transfer of sovereign powers only take place in the ways
envisaged, which are undermined when there is a unilateral usurpation of
powers. A citizen can therefore demand that the Bundestag and the
Federal Government actively deal with the question of how the
distribution of powers can be restored, and that they decide which
options they want to use to pursue this goal. An ultra vires act can
further be the object of Organstreit proceedings [proceedings relating
to disputes between constitutional organs].
4. Subject to the interpretation by the Court of Justice of the European
Union, the Federal Constitutional Court considers the OMT Decision
incompatible with primary law; another assessment could, however, be
warranted if the OMT Decision could be interpreted in conformity with
primary law.
a) The OMT Decision does not appear to be covered by the mandate of the
European Central Bank. The monetary policy is to be distinguished
according to the wording, structure, and purpose of the Treaties from
(in particular) the economic policy, which primarily falls into the
responsibility of the Member States. Relevant to the delimitation are
the immediate objective of an act, which is to be determined
objectively, the instruments envisaged to achieve the objective, and its
link to otherprovisions.
The classification of the OMT Decision as an act of economic policy is
supported by its immediate objective, which is to neutralise spreads on
government bonds of selected Member States of the euro currency area.
According to the European Central Bank, these spreads are partly based
on fear of investors of a reversibility of the euro; however, according
to the Bundesbank, such interest rate spreads only reflect the
scepticism of market participants that individual Member States will
show sufficient budgetary discipline to stay permanently solvent.
4. The purchase of government bonds from selected Member States only is a
further indication of the OMT Decision being an act of economic policy
because the monetary policy framework of the European System of Central
Banks does generally not have an approach which would differentiate
between individual Member States. The parallelism of the OMT with
assistance programmes of the EFSF or the ESM and the risk of undermining
their objectives and requirements confirm this assessment. The purchase
of government bonds to provide relief to individual Member States that
is envisaged by the OMT Decision appears, in this context, as the
functional equivalent to an assistance measure of the above-mentioned
institutions – albeit without their parliamentary legitimation and
monitoring.
b) Art. 123 sec. 1 TFEU prohibits the European Central Bank from
purchasing government bonds directly from the emitting Member States. It
seems obvious that this prohibition may not be circumvented by
functionally equivalent measures. The above-mentioned aspects, namely
the neutralisation of interest rate spreads, selectivity of purchases,
and the parallelism with EFSF and ESM assistance programmes indicate
that the OMT Decision aims at a prohibited circumvention of Art. 123
sec. 1 TFEU. The following aspects can be added: The willingness to
participate in a debt cut with regard to the bonds to be purchased; the
increased risk; the option to keep the purchased government bonds to
maturity; the interference with the price formation on the market, and
the encouragement, coming from the ECB’s Governing Council, of market
participants to purchase the bonds in question on the primary market.
c) In the view of the Federal Constitutional Court, the objective
mentioned by the European Central Bank to justify the OMT Decision,
namely to correct a disruption to the monetary policy transmission
mechanism, cannot change this assessment. The fact that the purchase of
government bonds can, under certain conditions, also help to support the
monetary policy objectives of the European System of Central Banks does
not turn the OMT Decision itself into an act of monetary policy. If
purchasing of government bonds were admissible every time the monetary
policy transmission mechanism is disrupted, it would amount to granting
the European Central Bank the power to remedy any deterioration of the
credit rating of a euro Member State through the purchase of that
state’s government bonds. This would largely suspend the prohibition of
monetary financing of the budget.
d) In the view of the Federal Constitutional Court, the OMT Decision
might not be objectionable if it could be interpreted or limited in its
validity in conformity with primary law in such a way that it would not
undermine the conditionality of the assistance programmes of the EFSF
and the ESM, and would indeed only be of a supportive nature with regard
to the economic policies in the Union. In light of Art. 123 TFEU, this
would probably require that the acceptance of a debt cut must be
excluded, that government bonds of selected Member States are not
purchased up to unlimited amounts, and that interferences with price
formation on the market are to be avoided where possible. Statements by
the representatives of the European Central Bank in the course of the
proceedings and the oral hearing before the Senate suggest that such an
interpretation in conformity with primary law would most likely be
compatible with the meaning and purpose of the OMT Decision.
5. Whether the OMT Decision and its implementation could also violate
the constitutional identity of the Basic Law is currently not clearly
foreseeable and depends, among other factors, on the content and scope
of the OMT Decision as interpreted in conformity with primary law.
Separate Opinion of Justice Lübbe-Wolff:
5. In an effort to secure the rule of law, a court may happen to exceed
judicial competence. In my view, this has occurred here. The motions
should have been rejected as inadmissible. How Bundestag and Federal
Government are to react to a violation, martial or non-martial, of
German sovereign rights is a question that cannot reasonably be answered
by rules making certain predetermined positive actions mandatory.
Selecting from the variety of possible reactions, which range from
expressions of disapproval to an exit from the Monetary Union, can only
be a matter of political discretion. Accordingly, it comes as no
surprise that no such rules are detectable either in the text of the
Constitution or in the case-law interpreting it.
The assumption that under specified conditions not only acts of German
federal organs which positively restrict sovereign rights, but also mere
inaction in the face of qualified transgressions on the part of the
European Union can be challenged on the basis of Art. 38 sec. 1 GG
departs from earlier case-law, just recently corroborated, according to
which parliamentary or governmental inaction is contestable in
constitutional complaint proceedings only if the complainant can rely on
an explicit constitutional mandate substantially specifying the content
and reach of the alleged duty to act. With respect to Organstreit
challenges of inaction, too, the Senate has just recently repeated that
they are admissible only if directed against a specific omission, i.e.
against the omission of a specific action which can arguably be
presented as constitutionally imperative. Moreover, the notion that a
mere omission of certain governmental behaviour on the Union level can
be a proper object of constitutional complaint would seem to stand in
contrast to recent case-law according to which even positive acts of
governmental cooperation in EU decisions or in intergovernmental
decisions related to the Union will not be examined.
Separate Opinion of Justice Gerhardt:
I hold that the constitutional complaints and the application in the
Organstreit proceedings, in so far as they relate to the OMT Decision,
are inadmissible. The Senate’s decision extends the possibilities of the
individual to initiate via Art. 38 sec. 1 GG – without connection to a
substantive fundamental right – a review of the acts of Union
institutions by the Constitutional Court. By admitting such an ultra
vires review, the door is opened to a general right to have the laws
enforced (allgemeiner Gesetzesvollziehungsanspruch), whichthe Basic Law
doesnotcontain.
The responsibility with respect to integration
(Integrationsverantwortung) of the German constitutional organs exists
vis-à-vis the general public, and yields nothing for the construction of
a subjective right of any person entitled to vote to have constitutional
organs take action. With regard to the question of whether there exists
a qualified ultra vires act, the Federal Government and the Bundestag
must have a margin of appreciation and discretion, which the citizen
needs to accept. The decision is based on the assumption that a
transgression of powers can also be manifest if it is preceded by a
lengthy clarification process. This case shows in abundant clarity how
difficult it is to handle the criterion “manifest”. Monetary and
economic policies relate to each other and cannot be strictly separated.
In an overall assessment, it seems to me that the claim, that the
objective of the OMT Decision is first and foremost the re-establishment
of the monetary transmission mechanism, cannot be contradicted with the
unequivocalness to be required.
That, with the help of the Federal Constitutional Court, an individual
may steer the Bundestag’s right of initiative into a specific direction,
6. does not fit into the constitutional framework of parliamentary work.
The citizens can influence the way and objectives of the political
process through petitions, the political parties and Members of
Parliament, and in particular through the media. The Bundestag could
readily have criticised the OMT Decision by political means, threatened,
if necessary, to bring proceedings for annulment before the Court of
Justice of the European Union, waited for the reactions of the European
Central Bank and the financial markets and then taken further steps. The
fact that it did none of this does not indicate a democratic deficit,
but is an expression of its majority decision for a certain policy when
handling the sovereign debt crisis in the euro currency area.