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Oral hearing in the proceedings “European Banking Union” on Tuesday, 27 November 2018, at 10:00 a.m.
Press Release No. 73/2018 of 05 September 2018
Reference: 2 BvR 1685/14, 2 BvR 2631/14
The Second Senate of the Federal Constitutional Court will conduct an oral hearing on
Tuesday, 27 November 2018, at 10:00 a.m.,
in the courtroom of the Federal Constitutional Court,
Schlossbezirk 3, 76131 Karlsruhe
concerning constitutional complaints against the Single Supervisory Mechanism (SSM, Regulation (EU) No. 1024/2013 – Single Supervisory Mechanism Regulation) and the act of approval authorising the approval of the proposal for the mechanism by the German representative in the Council of the European Union (Act on the Proposal for a Council Regulation Conferring Specific Tasks on the European Central Bank Concerning Policies Relating to the Prudential Supervision of Credit Institutions, Gesetz zum Vorschlag für eine Verordnung des Rates zur Übertragung besonderer Aufgaben im Zusammenhang mit der Aufsicht über Kreditinstitute auf die Europäische Zentralbank of 25 July 2013; Federal Law Gazette, Bundesgesetzblatt – BGBl II p. 1050), and against the Single Resolution Mechanism (SRM, Regulation (EU) No. 806/2014 – Single Resolution Mechanism Regulation) and other acts of EU secondary law (“Banking Union”).
The constitutional complaints are primarily directed against the two EU regulations (SSM Regulation, SRM Regulation) which form the core elements of the Banking Union. The SSM Regulation provides a new framework for banking supervision, which confers supervisory powers on the European Central Bank vis-à-vis “systemically important banks” in the Member States of the euro area. The SRM Regulation has established, and provided financial means for, a single resolution mechanism, including a single resolution fund (the Fund), which is still being developed.
In their constitutional complaint, the complainants claim a violation of their fundamental rights and their rights equivalent to fundamental rights (grundrechtsgleiche Rechte) under Art. 14(1) in conjunction with Art. 88 second sentence of the Basic Law (Grundgesetz – GG) and under Art. 38(1) first sentence in conjunction with Art. 20(1) and (2) GG. They submit that the legal acts that form the basis of the Banking Union were ultra vires acts, and also violated the Basic Law in other respects.
The outline of the oral hearing can be accessed here.
Information for the General Public
Persons wishing to attend the oral hearing or the pronouncement of the judgment are welcome but must register at the following address:
Postfach 1771, 76006 Karlsruhe, Germany
Phone: +49 721 9101-400
Telefax: +49 721 9101-461
When registering, please indicate your surname, first name, date of birth, and contact data (a phone or telefax number or an e-mail address).
Please refer to the Federal Constitutional Court’s Data Protection Statement for information on the protection of personal data (Arts. 13 and 14 GDPR) in the context of visitor registration. The Data Protection Statement is available on the Federal Constitutional Court’s website under the heading “Data Protection”. You may also request a paper-based version of the data protection statement.
The visitors’ seats will be allocated in the order in which the registrations are received.
Accreditation Requirements and Information for Journalists
The accreditation procedure starts with the publication of this press release and ends on Thursday, 22 November 2018, at 12:00 noon. After this period, accreditation is no longer possible.
Please use the form provided for accreditation requests. The form must be filled in completely and signed. If applicable, a copy of the valid press card must be enclosed; this is only necessary for the first accreditation during the card’s term of validity. The accreditation request may be sent by e-mail to firstname.lastname@example.org or by telefax to +49 721 9101-461. Accreditation requests sent to other e-mail addresses or telefax numbers of the Court will not be considered.
The form must be filled in completely and signed. If applicable, a copy of the valid press card must be enclosed; this is only necessary for the first accreditation during the card’s term of validity. The accreditation request may be sent by email to email@example.com or by telefax to +49 721 9101-461. Accreditation requests sent to other email addresses or telefax numbers of the Court will not be considered.
Members of the Justizpressekonferenz Karlsruhe e.V. may send their accreditation requests to the Federal Constitutional Court’s Press Office without having to use the form.
Accreditation requests will be considered in the order in which they are received. If requests are received simultaneously, accreditation is awarded by drawing lots. A few days after the expiry of the deadline, the Federal Constitutional Court will notify the applicants by e-mail whether their accreditation was successful or not.
Please refer to the Federal Constitutional Court’s Data Protection Statement for information on the protection of personal data (Arts. 13 and 14 GDPR) in the context of the accreditation procedure. The Data Protection Statement is available on the Federal Constitutional Court’s website under the heading “Data Protection”. You may also request a paper-based version of the data protection statement.
Availability and Allocation of Seats
The press gallery in the courtroom holds a total of 42 seats for media representatives, 11 of which are reserved for members of the Justizpressekonferenz. Seats are allocated on a first-come, first-served basis. Media representatives who cannot obtain a seat in the press gallery may follow the oral hearing in the press room or – provided seats are available– in the courtroom itself.
There will be an audio transmission from the courtroom to the press room. The press room is equipped with 60 desk workplaces. A limited number of power outlets for laptop computers is available. The Federal Constitutional Court cannot vouch for the capacity of mobile telephone and data networks.
Additional Rules Concerning the Courtroom
It is not permissible to make phone calls, tweet or send other messages, retrieve digital data, or use the internet in any way within or from the courtroom. All electronic devices which can be used for these purposes, in particular mobile phones, laptop computers and tablet computers, may not be used in the courtroom. Media representatives may obtain permission to use computers in offline mode in the press gallery if it is ensured that the devices are not used for audio or image recording or for data transmission.
Taking Photographs and Filming; Pooling
1. Taking photographs, filming, and audio recording is permissible until the presiding Justice of the Senate has established the presence of the parties to the proceedings. After that, photographers and camera teams must leave the courtroom level (including the foyer outside the courtroom and the press gallery). They may go to the reception room on the first floor. Pronouncements of judgments may be fully transmitted by audiovisual means.
2. Media pools will be set up for taking photographs and filming in the courtroom. Two television teams (a public and a private television station with a maximum of three cameras each) and six photographers (four agency photographers and two freelance photographers) will be admitted to the courtroom. The pool representatives undertake to supply, upon request, their photographs and films to other radio and television stations, as well as to photographic agencies.
Willingness to be a pool representative must be explicitly stated with the accreditation request. Pool representatives are appointed according to the order in which the accreditation requests are received. If requests are received simultaneously, the function of pool representative is allocated by drawing lots. The television stations, agencies, and photographers so chosen are free in determining the members of their teams.
3. When taking photographs and filming in the courtroom, photographers, camera operators, and other media representatives must ensure that the Senate has an unobstructed field of vision in all directions. Taking photographs, filming, and audio recording from behind the Justices’ bench is not permissible. Instructions to this end by the court staff must be complied with. Taking photographs and filming is only permitted with silent devices and without a flash.
4. After the end of the oral hearing or pronouncement of judgment, and during the lunch break, a period of 20 minutes is allocated for interviewing, filming, or photographing the parties to the proceedings or other individuals in the courtroom itself. After this time, only the reception room on the first floor and the entrance hall on the ground floor are available for this purpose.
Vehicles of Radio and Television Teams; Technicians
There are only a limited number of parking spaces available for SNG vehicles, editing vehicles, and OB vans. If accredited journalists require parking space, they must indicate so along with the accreditation request on the form provided. The parking spaces are allocated in the order in which the requests are received. The following information is required for the allocation of parking space: number plate, vehicle type, make, dimensions (L x W x H in metres), weight and, if applicable, request for the Federal Constitutional Court to provide electrical hook-up.
The names, dates of birth, and ID card numbers of the accompanying technicians, and the vehicle data may be submitted after the request for parking space. The form provided must be used for this. This also applies to media represented by members of the Justizpressekonferenz. The form must be sent by email to the address firstname.lastname@example.org, or by telefax to +49 +721 9101-461, by Monday, 26 November 2018, 12:00 noon, at the latest.
Media representatives with allocated parking space may set up the equipment on the day before the oral hearing from 9:00 am to 6:00 pm, and on the day of the oral hearing or the pronouncement of the judgment between 7:00 am and 9:00 am.
Setting up of Studios
The Press Office must be consulted in advance should media representatives wish to set up a studio. Studios may be set up in the reception room on the first floor and in the entrance hall on the ground floor.
This information is based on § 17a of the Federal Constitutional Court Act in conjunction with the supplementary provisions laid down by the First and the Second Senate of the Federal Constitutional Court.