German Bundestag, Plenarprotokoll 20/137, pp. 17323-17324.
Frau President.
The Federal Constitutional Court has announced a decision not surprising to us. The first of all Ampel budget, that is of 2021-2022, was declared unconstitutional and, what is more, null. I refer to our resolution motion of that time, Drucksache 20/488, and the 60 billion euro additional debt put through by you in 2022 in a 2021 supplementary budget law. There, we foretold not only the decision, but almost exactly the three-part grounds of Karlsruhe,
Beatrix
von Storch (AfD): Here, here!
not because we had had a crystal ball or excellent jurists, but because the legal situation was then already fully clear. We formulated in a motion then, word for word, the law “trespasses in direct, obvious ways against central, constitutionally anchored fundamentals of the budget law”.
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von Storch (AfD): Oh!
One thus actually can only declare with frank intent that the Ampel government, practically with its first act in office, simply and completely disregarded provisions of the Basic Law.
The Ampel in 2022 wanted to unconditionally take up the 60 billion euros in a still possible 2021 supplementary credit, even though the year 2021 was already past and even though the expenditures based on a CO2 ideology had not the least causal relation with Corona.
It further is very positive that with the decision will now finally be brought to an end an accounting system of debts in special funds outside the debt brake, recognized by us as unconstitutional since its introduction. Herr Post, it is far beyond the 60 billion euros.
The Finance Minister also now apparently acknowledges this. Yesterday evening, Herr Lindner said in the Budget Committee that the decision re-evaluates state practice. Well, actually not, Herr Lindner. It puts back on a legal footing the illegal state practice exercised by all of you of the old parties, inclusive of the CDU, since 2021.
Read without reserve here the entire decision. The trick, used by all of you, of the multi-year formation of reserves for use at the pump after the official end of an emergency situation was in retrospect generally unconstitutional, thereby among others the 170 billion euros in credit-financed reserve supply for the WSF [Economic Stability Fund] in fiscal year 2022, and also besides the 26 billion euro formation of reserves in the EKF by the CDU-led government in a 2020 supplementary budget.
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von Storch (AfD): Oops!
Allow me to cite the strong words of a colleague directed then on July 2, 2020 to Finance Minister Scholz:
“Today you present a second supplementary budget…it violates the Basic Law…the second supplementary budget encroaches upon essential constitutional principles like per annum…truth and clarity…I do not understand why one can make a career in the SPD in Germany only if one presents unconstitutional budgets…”
He further said:
I do not understand “why the CDU/CSU Bundestag delegation here becomes the assistants aide of a possible breach of the constitution. I hold that to be a gigantic failure, Herr Rehberg.”
In parentheses: CDU. End citation.
That was then exactly so represented by me and in the AfD motions. The citation however stems from today’s FDP delegation chief, Christian Dürr. It’s nice that you have found us! Unfortunately, the FDP in the Ampel immediately forgot its knowledge of that time, Herr Dürr.
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von Storch (AfD): Really quite embarrassing!
The 2024 budget put forward, due to the accounting practice used therein, will from the day of its issuance be constitutionally assailable. I thus ask you all: How long shall continue the abuse of such special funds with booked credits, not legal as measured by Article 115 of the Basic Law? How long do you want to drag this out? Already, it runs for years.
In the climate and transformation fund, the decision – which is legally uncontested – mathematically and legally leads to that for your most important shadow budget the money will run out already in 2024. My delegation for certain, honestly said, does not find that so tragic, since it deals with almost only ideologically-based misappropriations. Following this decision, the currently presented Ampel budget cannot however now be passed as put forward.
We demand, as already for long, the almost complete cancellation of all KTF [climate and transformation fund] titles, and we demand a new edition of the 2024 budget process under an accounting for the special funds credits and within the debt brake.
In a government focused on Germany, no taxes for years would need be increased and – without failed euro rescue, Corona, energy and social ideologies – also no illegal debts be made. Finally make non-ideological policy conforming to the law for the national welfare of Germany!
Hearty thanks.
Gabriele Katzmarek (SPD): Congratulations on your ideological speech! Mein Gott!
[trans: tem]