German top court may seek readjustment to ESM

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Category: Law & Justice

Created on Wednesday, 12 September 2012 00:00

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German top court may seek readjustment to ESM

Germany’s constitutional court is not likely to topple the ESM with its ruling this week, according to legal experts. Not even the plaintiffs are expecting that. But the Karlsruhe judges could demand readjustments.

Would it be right if German President Joachim Gauck signed the treaties on the ESM and the fiscal compact? Or do they infringe on the German constitution? Christoph Degenhart, an expert in constitutional law from Nürnberg, believes the latter is true.

{sidebar id=11 align=right}And he's not the only one. Together with former Justice Minister Herta Däubler-Gmelin from the opposition party SPD, Degenhart has filed a constitutional complaint against both euro rescue mechanisms. According to him, the mechanisms risk whittling away the democratic principles at work in Europe and Germany.

All in all, 37,000 citizens have filed constitutional complaints against the ESM and the fiscal compact. Of those, 25,000 have done so by supporting the complaints filed by Degenhart and the former justice minister.

Democratic deficit

The plaintiffs also criticize that there is no cancellation clause and no limitation of liability in the rescue mechanisms. If the ESM goes through, the Governors' Board - the eurozone finance ministers - could in theory top up the capital stock whenever deemed necessary.

That would mean the German Parliament would lose its budgetary sovereignty. In addition, the authors of the complaint claim that the ESM stands in stark contrast to the no-bail-out clause written down in the European treaties which stipulates that no state can be liable for other countries' debts.

{sidebar id=10 align=right}But Ingolf Pernice, an expert on European and constitutional law and the founder of the Walter-Hallstein-Institute for European Constitutional Law in Berlin, opposes this view. According to him, there is no democratic deficit when it comes to the ESM and the fiscal compact. Special committees in the European Parliament or in national parliaments could be included in the decision-making process, he suggests.

'Governance in emergency situations'

"But we're not dealing with lawmaking or budgetary planning processes - we're dealing with matters that require governance. It's about emergency measures to guarantee the existence and the stability of our currency," says Pernice, adding that there is no infringement of the German Parliament's budgetary rights because the Federal Republic would have to give its approval whenever there are plans to increase the volume of the ESM. "That means that Germany could veto any such plan."

Other experts on European law agree. Franz Mayer also says there is no infringement of budgetary authority. He has represented the German Parliament in lawsuits concerning the preliminary rescue fund EFSF, where national parliaments' rights of participation were a big issue. Both the ESM and the fiscal compact do take national parliaments' rights into account, Mayer stresses.

But this is not usually the case in international treaties, says Mayer. "We have guaranteed everything that's possible and necessary under democratic principles." Mayer also doesn't see an infringement of the no-bail-out clause, because the European treaties allow for "voluntary aid." "You are allowed to help, but you don't have to."

He points out that a lot of what is reported about the procedure is not true. "Anyone can verify for themselves in the fifth paragraph of Article Eight that Germany's liability is under all circumstances limited to what is currently agreed. What else do you need to hear, apart from ‘under all circumstances?'"

But Mayer says he wouldn't be surprised if Germany's Constitutional Court demanded readjustments. Depending on how the ESM develops in the future, says Mayer, the Constitutional Court could demand participation of the Bundesrat, Germany's upper house of parliament.

'This is as far as we'll go'

It goes without saying that plaintiff Christoph Degenhart is hoping for a different ruling. "If the Constitutional Court continues on the path it's been taking, the judges would have to say: ‘This is as far as we'll go.'"

But Degenhart remains skeptical. "It would be very courageous indeed if the court were to topple the ESM and the treaties in their entirety," he admits. But he is expecting the court to make clear statements on what's acceptable and what isn't.

European law expert Ingolf Pernice also doesn't believe that the judges in Karlsruhe will topple the ESM and the fiscal compact. Not just because of the consequences such a decision would entail - something he expects them to take into consideration when passing their judgment - but above all because there is no basis for such a step, Pernice says: "I believe it's entirely in compliance with the constitution."

Germany's finance minister, Wolfgang Schäuble (CDU), has repeatedly warned of the consequences a negative decision by Karlsruhe would entail. Christoph Degenhart says he can't see the dangers. "Let's assume that the ESM is toppled. What would happen? The same as what we've seen ever since oral proceedings started: nothing." Neither have markets crumbled, says Degenhart, nor has Europe sunken into chaos, nor has the economy faced grave disadvantages: "The only thing that's happened is that some people have started to become skeptical."

Date 11.09.2012

Author Daphne Grathwohl / nh

Editor Gabriel Borrud

Source: Deutsche Welle

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Tories play down Anna Soubry comments on assisted suicide

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Category: Law & Justice

Created on Monday, 10 September 2012 10:03

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Tories play down Anna Soubry comments on assisted suicide

Sources say PM sees no need for change in law, after health minister calls for honesty over rules on helping terminally ill die

Nicholas Watt, chief political correspondent

{sidebar id=11 align=right}David Cameron is distancing himself from his outspoken new health minister Anna Soubry, who last week called for help to be given to terminally ill patients who want to end their lives.

Senior Tory sources said the prime minister saw no need for a change in the law or in legal guidance on the issue.

Soubry, a former barrister on the Tory left who joined the health ministry in last week's reshuffle, told the Times on Saturday that it was "ridiculous and appalling" that terminally ill people had to travel abroad to end their lives.

"The rules that we have about who we don't prosecute allow things to happen but there's a good argument that we should be a bit more honest about it," the minister said.

Soubry qualified her remarks by saying she felt ambivalence about the case of Tony Nicklinson, 58, who died recently after unsuccessfully fighting a court case for the right to have his life ended legally. Soubry said: "I don't know where I am with that one. I really feel that you can't say to a doctor 'kill'. It was a fascinating moral and legal case. You can't say to a doctor or a nurse you can kill this person."

Downing Street indicated on Monday that the Nicklinson case could prompt a rethink of the rules. The prime minister's spokesman said: "There has been some debate over the course of the last week. The Nicklinson family case has raised very profound moral and ethical issues. There are very strong arguments on both sides of the debate. It is an issue that will no doubt be debated further in the future. But it is one for parliament to decide and it is always an issue of conscience."

It is understood that the spokesman's comments were designed to highlight the way in which parliament may debate the issues raised by the Nicklinson case over the coming months. This would be a matter for parliament, not the government, and MPs would have a free vote if one were held.

Tory sources said the prime minister's personal view was that there was no need for a change in the law and no need to revise the guidelines for England and Wales outlined by Keir Starmer, the director of public prosecutions. In 2010 Starmer outlined six factors that could militate against prosecuting an individual who had assisted the suicide of another person.

A Tory source said: "There are no plans afoot on assisted suicide. Anna Soubry is not road-testing a great new government debate. Any vote in parliament would be free. It is the prime minister's long-held view that there is no need for a change in the law, though he had enormous sympathy for the Nicklinson family."

Source: The Guardian UK

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Twin Sisters Marry Same Husband

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Category: The World

Created on Monday, 10 September 2012 00:00

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Twin Sisters Marry Same Husband

It has been said that twins share almost everything but sharing a husband may seem unimaginable. But Zambia's Livingstone-based twin sisters Gracious and Grace are happily married to a man they gave conditions to, they said “take all or none.”

The Tswana, Botswana twins are married to 25-year-old Kays Kaundula, who lives in Livingstone Island in Zambia.

Kaundula, his wives Grace and Gracious and his three daughters from the two twin sisters show off their family and lifestyles.

Kaundula runs his own motor vehicle mechanical workshop in Livingstone Island's residential area and shares a house with his wives. Kaundula however was later to discover that the sisters shared a cell phone and that in his conversations he proposed love to both sisters and both accepted.

A visit to plot 140, the residence of Kaundula, was met with a sweet greeting of small twin girls, who are Kaundula’s four-year-old daughters from Gracious.Gracious and Grace seem happily married and Gracious even says when her daughters grow up and decide to get married, she would want them to get married to one man.

“I want them to be together just like us. This is what we set for ourselves as we grew up and we are happy that we have achieved what is good for us and our children,” she says.

Asked what they would do if Kaundula decided to get another wife since he was already in a polygamous status, the two sisters at the same time reply, “we will divorce him.”

Kaundula’s marriage is one which he says he first could not understand as he was first confused when he met the two sisters. “I was picked by an amateur football team to play in Gaborone in Botswana and after one game as I walked out of the stadium I was greeted with a sweet voice from one of my wives, I can’t tell who. I was told that I had played a nice game. "From there I continued talking to her or now realise that it was them on a cell phone as I later discovered that they were using one phone so I was talking to either of the two every time I called,” Kaundula says.

He says their relationship continued from phone conversations until he was later to meet them again as if by destiny’s design in Livingstone when they visited one of their sisters.

“After I left Botswana, I enrolled at Livingstone Institute of Business and Engineering studies and I happened to one day meet one the twins when they came to visit their sister who was staying near the institute and from there here we are,” he said.

Kaundula, who is chief executive officer of Kays Auto Services dealing in engine overhaul, servicing, electric repairing and motor vehicle repair consultancy, says he was told by the twins when he proposed that they wanted to get married to one man and if he was not ready, he would have neither of them.

“I proposed and they told me that they have been discussing my proposals which I had been advancing through the phone. Mind you it was one phone that they shared and at that time they were much slimmer than now and I could not tell them apart, so I accepted and got married in 2007. "My dowry was paid to my mother in-law who has since passed on in Botswana,”Kaundula says.

He said he underwent a few difficulties with his own family when he told them of the marriage arrangement.“Some opposed and others seemed to agree but also said I was overloading myself. One funny thing I realised later was that on the day I met the twin in Botswana, I was greeted twice by a person I thought had greeted me earlier.

"I did not know that they were twins. It also surprised me that I fell in love with both of them and when I proposed they also said I would get none unless I got them both. They say love is not shared but for me it’s shared equally,” he says.

He says that he can now tell his wives apart, unlike the early days when he first met them. Kaundula says they would both answer to any of their names when he called. “When I call and say Grace I would get a ‘yes’ at the other end when actually I was talking to Gracious. I have three daughters; one with Grace and twins with Gracious. I have Chiluba and Chipo aged four and one month old. Chiluba who is named after my only surviving sister who is a teacher in Mansa and the other after my other sibling Chipo who is in Lusaka. "My other daughter from Grace is Blessings. I also have another brother in Lusaka (named) Paul,” Kaundula said.

Asked how people in the community react to the marital arrangement, Gracious and Grace say they have been told that they did a right thing. “Our friends say we did a good thing and they envy us. I work at Tukale Lodge and my sister is at home helping with the children. On your question of him bringing another wife our only resolve would be to divorce him, we are very happy with the way we are staying as a family and that is what we want for our children,” Gracious says.

The sisters say they are the last children in a family of five and that all their relatives who are in Botswana approve of their marriage. Kaundula has continued with his football career with Blue Arrows Football Club who train at the Zambezi Sports Club under the sponsorship of the Zambia Air Force.

Source: nigeriafilms.com

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Party conventions do matter

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Category: Current Issues

Created on Thursday, 23 August 2012 00:00

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Party conventions do matter

Sure, the party conventions can seem like an outdated spectacle with the outcome scripted before the event begins. But contrary to popular belief, they can sway voters, argue Robert Erikson and Christopher Wlezien.

Robert S. Erikson is a professor of political science at Columbia University in New York and Christopher Wlezien is a professor of political science at Temple University in Philadelphia. They are the authors of "The Timeline of Presidential Elections: How Campaigns do (and do not) Matter," forthcoming from University of Chicago Press.

{sidebar id=10 align=right}The two major party conventions are soon upon us, leading to the final stretch before the November US presidential election. It is common wisdom that voters do not pay much attention to the election campaign until the "official" campaign begins in September, after the parties hold their conventions.

The televised candidate debates in October are the real show, so it may seem, with voters tuning in to evaluate the candidates and crystalize their vote choices. The advertising ratchets up. It's pretty much all campaign, all the time.

Against this backdrop, the party conventions can seem an antiquated sideshow. Each party stages their convention as a scripted commercial for television. With an absence of suspense or overt conflict, each party hails the virtues of the nominee, whose identity has been known long in advance.

In fact, the conventions are so lacking in substance that for several elections the major television networks have devoted only one hour of prime time per night of the convention. Political junkies who wish to watch the full show must turn to the public-interest C-Span channel or one of the cable news networks. If they choose to, uninterested voters can readily watch television and go about their daily lives while learning nothing from the party conventions.

Last chance

Perhaps surprisingly, the assessment of the previous paragraphs is largely wrong. By the time the conventions have ended and the political dust settles, the electoral cake is largely baked. Most voters - 95 percent or more - who will cast a ballot in November have already made up their mind and will not change.

Even the party debates - although they may deliver a clear verdict as to who "won" - change few minds in terms of vote choice. In fact, if we pool the polls in the second week after the second convention for the past 15 presidential elections, no candidate who was behind has come back to win the popular vote. (The 1980 election showed a tie in the polls two weeks after the conventions. In 2000, Gore led at the benchmark two weeks past the conventions and did win the popular vote.)

To find sizable shifts in electoral preferences we must look to the boring, obsolete political conventions. The out-party always has their convention first, and almost always gains support. (The disorderly 1972 Democratic convention is a notable exception.)

It should not surprise, for example, to see Romney with a visible lead in most polls immediately after the Republican convention. But then the in-party holds their convention and typically gains support back. The amount either party gains from their convention can vary.

Bounce or bump?

But are these convention-induced changes meaningful? In the parlance of pollsters, are they bounces, whereby candidates get short-lived boosts that fade away, or are they bumps, which last to impact the Election Day outcome?

The answer is some of both. Changes in the polls during or between the conventions can be fleeting. But wait a few weeks after the conventions and the change is likely to be rather permanent over the autumn campaign.

Four times in the past 15 election campaigns, the leader in the polls immediately before the conventions emerged trailing after the convention, and went on to lose the popular vote. These turnovers of the lead following the conventions did not occur during the early years of television. All four happened during the most recent six campaigns.

In 1988, Michael Dukakis famously entered the Democratic convention with a lead over George G.H. Bush only to emerge as the underdog following the Republican convention. In 1992, Bush led Clinton in the early going but Clinton developed a huge lead following the successful Democratic convention. In 2000, George W. Bush led Gore up to through the Republican convention but was losing to Gore once the Democratic convention ended. Then in 2004, Kerry was a slight favorite in the polls before the conventions while Bush became the slight favorite after.

Possible scenarios

Of these six most recent contests, only in 1996 (Clinton vs. Dole) and 2008 (Obama vs. McCain) did the conventions result in the lead being unchanged. (In 2008, McCain almost caught Obama after the conventions, but then the economic collapse sealed the election for Obama.)

The 2012 party conventions should draw our attention. Will Romney emerge the leader and likely winner? Or will the conventions give Obama a comfortable lead? Or perhaps the political balance will remain unchanged. We don't know what will happen but, based on recent history, all of these scenarios are possible.

Date 23.08.2012

Author Robert Erikson and Christopher Wlezien

Editor Michael Knigge/Rob Mudge

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