The German Parliament must have access to all information feeding into decisions by the ESM on bail outs. The Deputies must sanction such bail outs and thus need all the information covered by Article 34 of the ESM treaty; Article 34 defines what are the 'professional secrets' of the negotiators and constrains ministers, ex-ministers, present and past members of the ESM to uniformly keep mum. The Court finds this unacceptable. So we can all go to the Bundestag website and have a look at what went on. That is if the Bundestag chooses to vote to reveal what it learns. And they do, so far.
They published details on Ireland's bail outs, and on Spain's banks, that both countries' political elites were hiding from their electorates. As the Corriere della Sera notes, the Constitutional Court underlines that this is the people's money, not governmental largesse, and its uses must be open to scrutiny.
Sooooo attractive, a codified constitution and a constitutional court to interpret and enforce it. They were looking good in red, too.
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The arguments for a codified constitution seeem attractive, and then you look at the USA. Their Constitution is a fine thing, but has proven far too demanding for them to live up to. So SCOTUS just makes stuff up as it goes bowls merrily along, and anyway the politiciams just ignore the Constitution whenever things seem important enough to them.
'professional secrets' - those can be tricky...
'Per mille ducati, io non haverei dato fuori i secreti ch'a dato questo frate'
for if I told you...
'politicians just ignore the Constitution whenever things seem important enough to them.'
The Germans wouldn't have if their Court had said ESM is incompatible with the German basic law, Dearieme.
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