Paper Tiger: German Constitutional Court Bows Before Draghi as Higher Judge and Jury

In a 6-2 ruling, German Court Defers to Draghi as Euro’s Judge and Jury.

Germany’s supreme judges have decided to let Mario Draghi be the euro’s monetary judge, at least for now.

While doubting the legality of the European Central Bank’s 2012 bond-buying plan that defused the euro crisis, the top German court conceded yesterday that it is powerless to impose a veto. It bowed to a future judgment by the European Union’s high court, leaving Draghi’s pledge to do “whatever it takes” to save the euro unquestioned for a year or more.

“This German court, which everyone’s so frightened of, turns out to be a bit of a toothless tiger,” Charles Dumas, chairman of Lombard Street Research, a London-based consulting firm, said in a Bloomberg Television interview. “They’re copping out.”

By a vote of 6-2, the German judges sided with the Bundesbank -- which plays the role of an economic supreme court in the German imagination -- in arguing that Draghi’s ECB overstepped its authority in rolling out the bond-buying initiative known as Outright Monetary Transactions, or OMT.

At the same time, acknowledging that Europe’s largest economy is bound by EU laws, the court stopped short of overstepping its own authority and asked for a ruling from the European Court of Justice in Luxembourg, made up of judges from all 28 EU countries.