Sueing the Government at the Federal Constitutional Court


Unlike a breach of an ecological clause, sueing the government is not promising when it comes to a generationally unfair budget. The German Conservative Party (CDU) and the Liberals (FDP) together went to the Federal Constitutional Court in November 2004 to take legal action against an infringement of Art. 115 by the then-government of Social Democrats (SPD) and Greens. The case is still pending. The Federal Constitutional Court had already been called once before. It had to decide whether the exceeding of the capital investment in 1981 by the credit income of about one billion Euros (1869 billion DM) was in accordance with article 115 BL. The trail took its time, thus the judgment was not made before 18 April 1989! If the Federal Constitutional Court declares a budget to be unconstitutional, then there are no immediate consequences. The budget year has then long been over. An unconstitutional budget is not subject to sanctions; at best, it is politically embarrassing. A re-adjustment of the financial constitution should thus be formulated in a way that it does not leave any room for interpretation whether the budget is still constitutional or not.