German President Signs ESM Treaty before Amendments Are Ready!
September 15, 2012 • 9:25AM

The only logical interpretation of the German Constitutional Court's ruling of two days ago, is that the European Stability Mechanism treaty is not fully ratified and therefore can't go into effect, before the amendments which the court requested have been added to the document. But the EU, the German government, and German President Joachim Gauck are still trying to pretend that nothing really happened in the court: Gauck signed the ESM ratification yesterday, without the amendments. And Finance Minister Wolfgang Schäuble does not even want the Bundestag to convene and debate the court ruling and the amendments, claiming that everything is already in the treaty, and that the amendments are just appendices of a technical nature which don't need parliamentary approval.

The EU, the government, and the President of Germany, want the ESM to begin its work in October, and pretend that it will be sufficient to have the amendments later on. Not only is this another serious slap in the face to the Bundestag, but also to the court, which—limited as it may be—made the point in several passages of its ruling that the parliament's rights must be reaffirmed and written by the government into the ESM treaty. The treaty is in fact not legally ratified without the amendments, and the court should revoke Gauck's signature right away. And the Bundestag should convene for an emergency session to force the government to deliver what the court told it to do.