Marianne Grimmenstein

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Marianne Grimmenstein (also Marianne Grimmenstein-Balas ; * 1946 in Budapest ) is a German music teacher who became known in 2016 through the largest civil lawsuit before the Federal Constitutional Court . Their constitutional complaint is directed against the free trade agreement comprehensive economic and trade agreement (CETA) .

Life

Marianne Grimmenstein comes from the Transylvanian nobility . Her great-grandfather was a member of the Hungarian parliament for twelve years , father and grandfather were lawyers and were also politically active.

Until her retirement she worked as a music teacher for transverse and recorder in Lüdenscheid operates. In 2008 she carried out a solution-oriented future project with people from universities , technical colleges, research institutes , social associations and associations and published the results together with Wolfram Elsner .

activities

Constitutional complaints against the CETA free trade agreement

In 2014, Grimmenstein, supported by around a thousand co-plaintiffs, filed a first self-drawn lawsuit before the Federal Constitutional Court. She saw the planned CETA free trade agreement as restricting the citizens' freedom rights in favor of corporations. The consumer will be reduced and damaged the environment. The court rejected the complaint on the grounds that the civil rights violations were not adequately presented . With the support of the online petition platform Change.org , Grimmenstein then organized a petition and crowdfunding to provide more professional support for her lawsuit. After the Bielefeld legal scholar Andreas Fisahn was won over to legally represent the lawsuit, she launched a civil lawsuit, which citizens could join free of charge by granting a power of attorney. By the end of February 2015, 10,000 people had formally joined the civil suit. In the same year, over 100,000 people signed the Grimmenstein petition on Change.org.

The media reported increasing coverage of the lawsuit. B. the Süddeutsche Zeitung , Der Spiegel , the Deutschlandfunk and the Westdeutsche Rundfunk . On April 14, 2016, Marianne Grimmenstein was invited to an interview with State Secretary Brigitte Zypries in the Federal Ministry of Economics . On August 27, 2016, a lawsuit with 68,058 powers of attorney was filed with the constitutional court in Karlsruhe. The number of signatories to the petition had reached 270,000 at the time. In media reports, the lawsuit was therefore reported as “the largest civil lawsuit in the history of the Federal Constitutional Court” or “one of the largest constitutional lawsuits in the history of Germany”.

The urgent motion related to the lawsuit was heard on October 12, 2016 before the 2nd Senate of the Federal Constitutional Court under the court president Andreas Vosskuhle and formally rejected. However, the court set strict limits until the federal government's lawsuit was finally examined. When it is signed by the federal government, it must be ensured that Germany can terminate the agreement despite its provisional entry into force through a unilateral right of termination. Initially, only those parts of the agreement that fall within the competence of the EU are to apply. Compensation claims by companies should only be initiated after full ratification by all national parliaments. On October 12, the court only decided on the urgent procedure; a final decision on the constitutional complaint will follow later. Grimmenstein said in an interview that it was “at least a 70 percent win”.

Criticism of the constitutional amendment regarding PPP for transport and education

In the 18th legislative period , the black-red government coalition has the two-thirds majority in the German Bundestag, which is necessary for constitutional amendments in accordance with Article 79 (2) of the Basic Law . Against this background, in February 2017 the federal government submitted a draft for a constitutional amendment. a. Public-private partnerships (PPP) for federal highways and educational institutions should be possible. Grimmenstein turned against this with another petition on Change.org, which found over 100,000 supporters within two months.

publication

Marianne Grimmenstein, Wolfram Elsner (Ed.): Quo vadis Germany? What has to change. Leading minds provide answers. Steno-Verlag, Munich 2008 ISBN 978-954-449-374-5

Individual evidence

  1. Overview for the year 2018 at the Second Senate of the Federal Constitutional Court under item 12, file number 1 BvR 16/13
  2. Judith Hopper Man Star from 18 September 2016 retrieved on October 13, 2016
  3. Interview with Moritz Küpper on June 23, 2016 on Deutschlandfunk , accessed on October 15, 2016
  4. ^ Marianne Grimmenstein, Wolfram Elsner (Ed.): Quo vadis Germany? What has to change. Leading minds provide answers. Steno-Verlag, Munich 2008, ISBN 978-954-449-374-5
  5. come-on.de February 19, 2016; accessed on October 13, 2016
  6. change.org of October 12, 2016 , accessed October 13, 2016
  7. sueddeutsche.de, February 24, 2016 , accessed on October 13, 2016
  8. People's will 2.0 . In: Der Spiegel . No. 8 , 2016 ( online ).
  9. Moritz Küpper : Hobby lawyer against free trade . Deutschlandfunk , June 23, 2016, accessed on October 13, 2016
  10. wdr.de: Article from February 15, 2016 , accessed on October 13, 2016
  11. deutschlandfunk.de accessed on October 13, 2016
  12. wdr.de , accessed on October 13, 2016
  13. Federal Constitutional Court, 2nd Senate: Federal Constitutional Court - decisions - urgent motions in the matter of "CETA" unsuccessful. October 13, 2016. Retrieved May 26, 2017 .
  14. Article. Spiegel Online , October 13, 2016; accessed on October 13, 2016
  15. Press release No. 71/2016. Federal Constitutional Court, October 13, 2016; accessed on October 14, 2016
  16. Interview with Hans von der Hagen. In: Süddeutsche Zeitung , October 13, 2016; accessed on October 16, 2016
  17. BT printed matter 18/11131. German Bundestag, accessed on May 26, 2017 .
  18. Marianne Grimm Stein: Change.Org petition: No privatization of schools and highways! Retrieved May 26, 2017 (American English).
  19. ^ Kai Schlieter: Autobahn privatization: SPD deceives its own comrades . In: Berliner Zeitung . ( berliner-zeitung.de [accessed on May 26, 2017]).