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Wolfgang Münchau says Constitutional Court a disaster for the eurozone In his column in the Financial Times, Wolfgang Munchau says there are only two solutions to the eurozone crisis - a debt monetisation, or a Eurobond. The first is illegal under European law, the second is now illegal under German constitutional law. The Constitutional Court's decision delineates what is legal and what is not. A temporary mechanism in which the Bundestag retains ultimate control, such as the EFSF, is legal. The permanent mechanism is clearly a borderline case, according to the judgement, as a result of which the ESM is likely to give rise to another, and possibly more serious challenge. A eurobond is clearly beyond what the constitution permits, because it involves a permanent transfer of fiscal sovereignty.
In his column in the Financial Times, Wolfgang Munchau says there are only two solutions to the eurozone crisis - a debt monetisation, or a Eurobond. The first is illegal under European law, the second is now illegal under German constitutional law. The Constitutional Court's decision delineates what is legal and what is not. A temporary mechanism in which the Bundestag retains ultimate control, such as the EFSF, is legal. The permanent mechanism is clearly a borderline case, according to the judgement, as a result of which the ESM is likely to give rise to another, and possibly more serious challenge. A eurobond is clearly beyond what the constitution permits, because it involves a permanent transfer of fiscal sovereignty.
Well, I have heard that changing constitutions in order to deal with the euro crisis is popular in German leadership so that should not be a problem right?
</snark>
But seriously, how fast could Germany change its constitution to allow permanent transfer of fiscal sovereignty? Sweden's finest (and perhaps only) collaborative, leftist e-newspaper Synapze.se
Both opposition parties support Eurobonds (SPD and Greens), as well as a majority of the CDU/CSU. Do you think the parties would take that position if there weren't some popular support? (this doesn't mean there is no opposition to Eurobonds, of course.) "Life shrinks or expands in proportion to one's courage." - Anaïs Nin
And please remember that many of the media commenters are flagging their own issues, or are representing bondholders. "Life shrinks or expands in proportion to one's courage." - Anaïs Nin
As an advocate of eurozone bonds, I have to admit their prospect looks grim after last week's ruling of the German constitutional court. The court upheld the European financial adjustment facility, the crisis mechanism. This was, undoutedly, good news. But after I read the whole ruling, which ran to 29 tightly written pages, I realised that this judgement was not a victory for the eurozone at all. On the contrary, it categorically rules out any policy option beyond what has been agreed so far. I cannot see how it can be consistent with the survival of the eurozone, given the policies of member states and the ECB. Much of the language in this document is opaque constitutional jargon. But on the issues that matter, the ruling is surprisingly, and depressingly, clear. It says the German government must not accept permanent mechanisms - as opposed to the EFSF, which is temporary - with the following criteria: if they involve a permanent liability to other countries; if these liabilities are very large or incalculable; and if foreign governments, through their actions, can trigger the payment of the guarantees. If I were a plaintiff in this case, I would regard that statement as an open invitation by the court to bring a new case against the European stability mechanism. ... Moreover, you cannot get around this unfortunate fact with an ingenious combination of eurocratic trickery and financial engineering. The court, quite cleverly, did not mention eurobonds. It talked about liabilities. The Bundestag is not precluded from giving money to Greece, but it cannot empower a third party, such as the EFSF or ESM, let alone a hypothetical European Debt Agency, from usurping sovereign power. Sovereignty can be delegated in small slices, but not permanently.
Much of the language in this document is opaque constitutional jargon. But on the issues that matter, the ruling is surprisingly, and depressingly, clear. It says the German government must not accept permanent mechanisms - as opposed to the EFSF, which is temporary - with the following criteria: if they involve a permanent liability to other countries; if these liabilities are very large or incalculable; and if foreign governments, through their actions, can trigger the payment of the guarantees. If I were a plaintiff in this case, I would regard that statement as an open invitation by the court to bring a new case against the European stability mechanism.
...
Moreover, you cannot get around this unfortunate fact with an ingenious combination of eurocratic trickery and financial engineering. The court, quite cleverly, did not mention eurobonds. It talked about liabilities. The Bundestag is not precluded from giving money to Greece, but it cannot empower a third party, such as the EFSF or ESM, let alone a hypothetical European Debt Agency, from usurping sovereign power. Sovereignty can be delegated in small slices, but not permanently.
It would appear that only existing permanent institutions should be able to issue Eurobonds. That probable means either the ECB or the European Investment Bank. Or are those ruled out, too? Economics is politics by other means
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