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3 December 2009
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Czech Senate approves Lisbon Treaty 

Published: Thursday 7 May 2009   

The Czech upper house yesterday (6 May) approved the Lisbon Treaty by large majority, clearing the path for the treaty's final ratification in the Czech Republic. But the text still requires the presidential seal of Václav Klaus, who previously indicated that he would refuse to sign it into law.

Background:

The ongoing institutional uncertainty over the Lisbon Treaty began in earnest when Irish voters rejected the text by popular referendum in June 2008 (EurActiv 13/06/08). 

However, when the Irish government committed to hold a second referendum in late 2009 after being granted a number of key concessions by EU leaders (EurActiv 12/12/08), attention soon turned to the Czech Republic. 

While the Czech parliament ratified the treaty in February (EurActiv 18/02/09), the Czech Senate repeatedly postponed its final vote, mainly due to the issue being linked to the controversial US missile defence shield (EurActiv 25/02/09). 

Divisions in the ruling ODS (Civic Democratic) Party over the treaty were deep enough to influence the collapse of the Czech government, a cause of significant embarrassment for the country, which currently holds the rotating EU presidency (EurActiv 25/03/09). 

Despite being approved by the Senate, the treaty stills requires the signature of Czech President Václav Klaus before passing into law. Klaus is a vociferous Eurosceptic and a long-time opponent of the treaty.

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Following a lengthy six-hour debate, Czech senators approved the treaty by a margin of 54-20, a considerable majority given that the Lisbon Treaty has long been a highly divisive 'hot potato' in Czech politics. 

Outgoing Czech Prime Minister Mirek Topolánek, in one of his last acts as head of government, was central to the outcome of the vote, pleading with members of his ODS (Civic Democratic) Party to prevent another "shameful moment" after the cabinet's "shameful fall midway through the EU presidency". 

Topolánek's success in pushing the treaty through the Senate can be considered a "significant achievement" for the outgoing PM, political analysts told EurActiv. 

Klaus: Will he sign? 

Final ratification of the treaty now depends on Czech President Václav Klaus, whose assent and signature is required to pass Lisbon into law. Klaus, a long-time opponent of the treaty, previously indicated he would not approve the treaty before Ireland's second referendum later this year. 

Technically, the treaty has not been ratified in Germany or Poland either. Polish President Lech  Kaczyński, another prominent Eurosceptic, has maintained that he too will not sign the treaty until it has been passed in Ireland, despite the Polish parliament's approval of the text in April 2008. 

In Germany, meanwhile, a judgement from the Constitutional Court on the treaty's compatibility with German law is expected this summer. 

German Socialist MEP Jo Leinen, who chairs the European Parliament's constitutional affairs committee, told EurActiv that the Czech vote was an "important breakthrough", and indicated his belief that Germany would soon follow suit, most likely in June following the European elections. 

"No-one in Germany thinks our constitution is not compatible with the treaty," he said, explaining that the Constitutional Court may issue some "interpretations and guidelines" for how the country's internal rules implement EU legislation. 

"I am now very optimistic that we could have this treaty by the end of the year," he concluded. 

All roads lead to Ireland 

The EU spotlight will therefore return to Ireland, where a second referendum is expected in the autumn. Irish European Affairs Minister Dick Roche told EurActiv that the Czech vote was "excellent news", and argued it was "good for Europe that 26 countries have now ratified by parliamentary majority". 

He confirmed that the second referendum would "most likely be held in the autumn," following clarification of Ireland's legal guarantees at an EU summit in June. 

Roche said that the Czech result could be an "influencing factor" on the Irish referendum. Recent polling has indicated a strong swing towards the 'yes' side among voters. 

Leinen said "we can only hope with these guarantees, Ireland will follow its 26 partners and will not block the entire integration process, thus isolating the country from the rest of the EU". 

Positions:

European Commission President José Manuel Barroso said he was "very happy" with the result, and in a thinly-veiled message to President Klaus, added: "I hope the remaining constitutional requirements in the Czech Republic will be completed as quickly as possible." 

Similarly, Joseph Daul MEP, chairman of the EPP-ED  Group in the European Parliament, argued that "it is now for the President Václav Klaus to complete the ratification process," adding: "I would also like to thank outgoing Prime Minister Mirek Topolánek and his coalition government for their commitment to Europe." 

Graham Watson MEP, leader of the ALDE Group in the European Parliament, went a step further, saying that "this vote ushers in a second Prague Spring. Václav Klaus should now sign the text in blood - and before the June EU summit. What we need now is clarity, not more confusion." 

Czech Senate Chairman Premysl Sobotka, however, indicated that Klaus would proceed at the time and pace of his choosing. "The Czech government and parliament cannot wield any influence whatsoever on the president. He is free to decide as he wishes," Sobotka said. 

Meanwhile, anti-Lisbon Treaty party Libertas argued that the vote showed that "the Senate does not want the Czech people to have their say in how Brussels governs them," adding: "The Lisbon Treaty has not yet been ratified in Germany or Poland. Ireland has rejected it, and President Klaus will have the final say in the Czech Republic." 

Next steps:

  • 4-7 June 2009: European Parliament elections.
  • June 2009: Judgement expected from Germany's Constitutional Court.
  • 19 June 2009:  EU Summit to discuss Ireland's legal guarantees.
  • Oct. 2009 (to be confirmed):  Second referendum in Ireland.

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