(press declaration by the plaintiff of
2 BvR 710/12 and 2 BvR 1445/12 on art. 136 par. 3 TFEU)
Unser
Politikblog | 11.Mai 2013
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| Sarah Luzia Hassel-Reusing in front of the International Criminal Court (ICC) |
It has happened. At the 01.05.2013, the
insertion of art. 136 par. 3, which consists of 2 sentences, into the
Treaty on the Funtioning of the European Union has been enacted,
after Czechya as the last EU member state has ratified it. The first
sentence enables mechanisms for the strengthening of the „financial
stability“ of the financial sector (also misleadingly called
„stability of the Euro currency area as a whole“) in the euro
currency area, among them particularly those for the „European
Financial Mechaism“ („Greece Support“, EFSM, EFSF, and ESM) and
for the EU economic government (tightened Stability and Growth Pact,
Imbalance Procedure, and Budgetary Surveillance).
The second sentence obliges to connect
all „financial aids“ within these mechanisms to „strict“
conditions. How strict this is meant, can be found neither in the
wording of the article, nor in the recitals of its initiating. The
only clear statement on the extent of the strictness is included in
the conclusions of the Ecofin council (the economical and financial
ministers within the Council of Ministers of the EU) of the
10.05.2010, that the conditions shall be strict as in the „practice“
of the International Monetary Fund (IMF). Besides that, the „task
force“ (with all federal financial ministers of the EU member
states, with EU currency commissioner Olli Rehn, with the then
chairman of the Eurogroup Jean Claude Juncker, with the then ECB
President Jean-Claude
Trichet, and under the lead of the President of the European Council
Herman Van Rompuy) has recommended in no. 49 its report of the
21.10.2010, that the conditions shall be „very strict“. These
statements are the most important and most official ones from the
time of the developing of art. 136 par. 3 TFEU, which say something
on the extent of the strictness, and so they govern, according to
art. 31 Vienna Treaty Law Convention, the interpretation of the
„strictness“.
At
the 02.05.2013, now the application by the civic and human rights
activist Sarah Luzia Hassel-Reusing, to state the voidness of the
TFEU, has been filed to the Constitutional Court, because this very
obligation to a strictness as in the „practice“ of the IMF
incurably violates „ius cogens“ and has as a result, according to
the legal point of view of the civic and human rights activist,
infected the TFEU with voidness. According to art. 53 Vienna Treaty
Law Convention, international treaties, which violate „ius cogens“,
are completely void and thus ineffictive. The Vienna Treaty Law
Convention does not contain any possibility to heal this voidness.
