Constitutional
judges remain silent on Syria deployment of the Bundeswehr, which is
unconstitutional and incompatible with international law, and deny
the German population any protection against the danger of world war
and against the jihadist „blitzkrieg“, which has been
prognosticated for Germany and Europe for 2016
Unser
Politikblog | 12.07.2016
After
the press conference of the 12.06.2016 in Dresden, the plaintiff now
addresses herself to the public also in writing.
|
photo: (c) Unser Politikblog (photo shows the court room
of the Constitutional Court |
At
the 17.03.2016, the civil and human rights activist Sarah Luzia
Hassel-Reusing has filed a Constitutional complaint (file number 2
BvR 576/16) against the resolution by the Bundestag of the 03.12.2015
(file number 18/6866) on the Syria deployment of the Bundeswehr. The
seven applications of the complaint have demanded to prohibit the
German Syria deployment, to impose on the members of the Bundestag
(as far as foreign and safety policy are concerned) appropriate
criteria for the self investigation of their conscience prescribed in
art. 38 par. 1 s. 2 Basic Law, to biometrically register all
immigrants, who have come to Germany since 2015, to appropriately
limit the power of think tanks over Germany in the area of foreign
and safety policy (in order to protect the Basic Law and the UN
Charter), to restore the ability of Germany to defend its whole
territory against the danger of a jihadist attack, to completely
limit the prescriptions of the TEU on safety policy with an
interpretation in conformity with the Basic Law and with the UN
Charter, and to oblige, for that purpose, the Federal Government to
get an advisory opinion by the ICJ, or to state, according to art 53
VCLT, the voidness of the TEU because of incompatibility with the UN
Charter.
The
Constitutional Court has made provisions in the Lisbon judgement to
limit the Common Foreign and Safety Policy (CFSP) of the EU, which
have made possible the enactment of the Lisbon Treaty without the TEU
getting void. Those provisions have been disregarded by the EU
Council of Ministers (incl. by the German Defence Minister) at the
16./17.11.2015 (file number 14120/15) and by the Bundestag at the
03.12.2015 (file number 18/6866).
The
complaint has been based on the human dignity (art. 1 par. 1 Basic
Law) in connection with the peace principle (art. 1 par. 2 Basic
Law), on the basic right to vote (art. 38 Basic Law), on the basic
rights to life, to physical integrity, and to freedom (art. 2 Basic
Law), on the function reservation (art. 33 par. 4 Basic Law), and on
the universal human rights to security (art. 9 ICCPR) and to health
(art. 12 CESCR).
At
the 12.04.2016, the 3rd
Chamber (Constitutional judges Prof. Dr. Huber, Müller, and Dr.
Maidowski) of the 2nd
Senate of the Constitutional Court have unanimously concluded not to
admit the Constitutional complaint and referred for that to art. 93a
and 93b BVerfGG. An explanation for the non-admittance has not been
given. The non-admittance has, according to the post stamp, been sent
at the 14.04.2016, and it has reached the post box in the morning of
the 15.04.2016.
According
to art. 93d par. 1 s. 3 BVerfGG, a resolution on a non-admittance
does not have to be explained. Art. 93a BVerfGG determines as a
„must“ prescription, depending on which conditions a
Constitutional complaint has to be admitted, namely if there is a
personal affectedness regarding basic rights, or if the decisive
legal questions are furthering the Constitutional jurisdiction. If a
Constitutional complaint fulfills these conditions, it has to be
admitted; if it does not fulfill them, it may not be admitted.
What
the own, current, and immediate affectedness regarding basic rights,
as a precondition of the admittance of a Constitutional complaint,
means, has been explained in no. 78 of the aviation safety law
judgement of the 15.02.2006 (file number
1 BvR 357/05). The condition of the own and current affectedness is
basically fulfilled, if the plaintiff explains, that she, with a
certain probability, is affected in her basic rights by the measures
based on the tackled prescriptions.
Immediate affectedness means, that the prescriptions change the legal
position of the plaintiff already before any act of their
implementation. This condition is also fulfilled, if the plaintiff
cannot or cannot reasonably complain against an act of its
implementation. According to these standards, the personal
affectedness regarding the aviation safety law has been confirmed.
The then plaintiffs had credibly explained, that they often use civil
air planes for private and professional reasons.
The
fundamental importance for Constitutional law means the furthering of
the Constitutional jurisdiction, i. e., which of the invoked decisive
legal questions have not yet been decided by the Constitutional
Court, or which have to be investigated again because of a changed
situation or because of new legal arguments.
So
a non-admittance, even if it is issued without any explanation,
always implies the silent allegation, that none of the invoked
affectednesses regarding basic rights and human rights, or none of
the invoked decisive legal questions for the furthering of
Constitutional jurisdiction were given.