AfD
Kompakt, August 28, 2020
The
“PEPP” [Pandemic Emergency Purchase Program] presently has a volume of 1,350
billion euros of which 440 billion has already been paid out as of the end of
July. With these loan purchases, the ECB [European Central Bank] in obvious
ways over-steps the limits advanced by Federal Constitutional Court to guarantee
observance of the European treaties – here, the ban on monetary state
financing. The ECB especially does not oblige itself to observe a maximum limit
in regards the purchasing of loans, nor a minimal rating of the loans, nor to
observe an essential and conclusive application of the capital subscription key
[Kapitalzeichnungsschlüssel].
The
AfD delegation will bring suit on grounds of the so-called Prozessstandschaft [procedural standing] according to §64 of the Grundgesetz [Basic Law]. We see injury
to the Bundestag in its rights because the Federal government – as well as the
Bundestag itself – has with its own means quickly or in timely fashion failed to
prevent the PEPP program.
Based
on the evident violation of the European treaty, the Federal government without
delay must bring an action for annulment [Nichtigkeitsklage]
according to Art. 263 AEUV [Treaty on the Functioning of the European Union] on
account of the the ECB’s decisions of March 18 and 24, 2020, and June 4, 2020
and the Bundestag must oblige the Federal government to do so. The acceptance
of evident treaty violations is incompatible with the integration
responsibility and overall budgetary responsibility of the Bundestag and the
Federal government.
With
this organizational suit [Organklage],
the AfD delegation brings the influence of the German Bundestag’s overall
budgetary responsibility to bear upon ECB’s offense of exceeding powers [Ultra-vires-Verstoß]. The AfD delegation
thereby relies on the Federal Constitutional Court’s legal protection [Rechtsschutz] to litigate the
integration responsibility which is borne by all of the Bundestag’s
delegations.
[trans: tem]
