헌법을 보호할 헌법상의 작위의무

Until recently, the author, Dietrich Murswiek regarded natural in all constitutional countries based on the German basic law to have all state institutions - of course, especially constitutional institutions - to comply with the fundamental principles of the constitution that cannot be changed based on the identity of the constitution and to bear the obligation to protect the constitution against the restriction from third party. But facing the Euro crisis, the author started to recognize that this idea is not obvious to everybody and that there is need for legal basis to the obligation to protect the constitution. According to the author, a debtor nation's acquisition of the national debt by the European Central Bank violates the key context that prohibits the change of the principles of democracy stipulated under Article 79, Paragraph 3 of the Budget Autonomy Rights and German Basic Rights of the Federal Assembly. Nevertheless, the Federal Government and the Federal Assembly are not taking appropriate actions to such violation against the German basic law by the European Central Bank. As such, the author insists that ① all state institutions including constitutional institutions bear the obligations to comply with the fundamental principles of the constitution and to protect the constitution against any disruption of third party, and that ② the public can deal with the violation of such commissive duty (duty to act) through the constitutional objection process.