Sunday, February 21, 2021

Peter Boehringer, February 11, 2021, Debt Brake

German Bundestag, Plenarprotokoll 19/209, pp. 26335-26336.

Herr President. Honored colleagues.

A legal error is not healed so that it is again to be committed a few months later. Now, in the third budget for 2021, the coalition tears up the debt brake [Schuldenbremse] conforming to Article 115 of the Basic Law and justifies this with an emergency situation. Yet the Covid-19 problem by definition cannot continue for years. We thus must today again bring in a motion [Drucksache 19/26549] on the control of legal norms. The questions raised in our motion cry out for legal clarification. Courts incidentally must also examine a parliament’s majority votes when these misuse its authority, which we amply set forth in the complaint.

So as to forestall the reply of foreseeable yet false accusations of succeeding speakers: The demand for a clarification of constitutional conformity is a fully legal procedure and a democratic right of minorities. We nevertheless heard in regards to comparable AfD motions for control of norms – as two weeks ago and also in the year 2020 – sentences like: You nevertheless obtain no majority. – That came from SPD colleague Franke. Now, that is the arrogance of power. With this attitude, the opposition is denied any recruitment of a majority or even a 25 percent quorum conforming to Article 93 of the Basic Law. In parliamentary terms, this is very dubious and I fear we hear the same again. If it thereupon proceeds on how great the chances of a majority are, then evidently the opposition, in the view of the coalition, may no more place any motions.

And the motion’s formulation which we have chosen – “The German Bundestag welcomes…” – , is completely normal and was already many times confirmed by the current parliament’s advisers. To ever again ridicule this is merely evidence of the old parties’ lack of willingness to substantively discuss the arguments of our complaint.

First. The government wants to take up 180 billion euros of new debt; the permitted borrowing in conformity with the Schuldenbremse will thus be exceeded by 164 billion euros. At this sum alone is the excess not justified, since the government also in 2021 does not use the asylum reserve. One cannot at the same time have reserves and borrow emergency credits. It is so required by the economic precept in conformity with Article 114 of the Basic Law and §7 of the BHO [federal budget order].

Second. I already said here in September 2020: “Herr Scholz will certainly not be able to issue means of debt in 2020…It was also certainly not planned because one wants to hold the money for the 2021 election year.” So far my citation. And then it occurred exactly so. That however was abusive of the law. The formation of reserves financed by credit is forbidden. Something similar now occurs in the 2021 budget in which the reserves will once more  be strengthened. That is a violation of the per annum precept in conformity with Article 110 of the Basic Law and §4 of the BHO.

Third. No place in the budget will be economized, and many of the programs are certainly not in causal relation with Corona. That would naturally be a prerequisite for laying a claim under the borrowed indebtedness rule of the Basic Law. The borrowing based on an emergency situation may not be used to implement a policy which should moreover be pursued independently of the emergency situation.

Fourth. A health emergency has not been continually present; at no point was there an overburdening of the healthcare system. The mortality rate in Germany in the year 2020, contrary to the adverse propaganda, was not above the expected value. The narrative expounded for months by the coalition whereby only decisive state action had led to a limiting of cases of illness is furthermore completely unsupported, even if it is here ever again repeated. Quite on the contrary, the persistent over-reaction of the state just since April of last year has brought about the greatest economic crisis of the postwar era. With the onset of economic emergency in the government’s third Corona budget, the control of the state was quite surely not be withdrawn. And this Basic Law prerequisite for laying a claim under the borrowed indebtedness rule is thence in 2021 no more present.

The true reason for the debt orgy is this: Only so can Minister Scholz cushion the lockdown effects until the Bundestag election. The Basic Law will here be mis-used for boundless debt-making. It is now even to be feared that you may make permanent the emergency situation – until 2022 and presumably even beyond. The Chancellor’s Office has demanded precisely this, even if it was immediately denied. That’s right. Yet in the end, Chancellery Minister Braun was simply being honest. “The Schuldenbremse is not to be observed in coming years.” And he is thereby unfortunately right if then nothing is saved. Only with savings would the Schuldenbremse be observable, and that primarily only with an immediate end of the lockdown. That is the conditio sine qua non.

            Stephan Brandner (AfD): Or yellow!

Na, ja, perhaps also yellow. We still see it.

It will be tense prior to the cornerstone draft for the 2022 budget. Officially, the government wants to return to the Schuldenbremse for the year 2022. Yet now already at the Finance Ministry, it sounds different. With Braun’s views opposed to the Schuldenbremse, the Union may – cite – “finally arrive at reality.” The test balloon indeed has initially burst. In the meantime, Herr Braun said, in a spectacular about-face: “Ich liebe die Schuldenbremse.” That is approximately as believable as Erich Mielke in 1989.

Beyond all the state theatricals with stability hypocrisies, the united block parties are quite agreed: It is much better to govern at the pump. – Nevertheless, debts unfortunately are tomorrow’s taxes.

Presumably all of this state theatre will also suffice to the Bundestag election. After that, unfortunately, insolvencies and mass unemployment will take the upper hand. It will then be no more possible to prevent debt-financed, long-term subventions. Therefore, we must now draw a line: This is constitutionally and economically imperative.

In case, dear colleagues, you see it otherwise, then I despite that and more than ever demand of you as good state-of-law men: Bring the cause for clarification to Karlsruhe. This is not contradictory. Complete the 25 percent quorum today. Our motion’s basis is already almost identical with the complaint. It is thus entirely prepared. If you are so secure in your case, then you have, ja, nothing to lose in Karlsruhe.

Hearty thanks.

[trans: tem]