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The Czech Republic's highest court today (26 November) ruled that the Lisbon Treaty is consistent with the country's constitution, clearing the way for the country to ratify the EU's reform treaty and cornering Ireland, which is now the only EU country to block it.
In April 2008, the Czech Senate, which was then dominated by senior eurosceptics from the ruling Civic Democrats (ODS), asked the court to examine the Lisbon Treaty's compatibility with the Czech constitution. The examination of the dossier began in September (EurActiv 01/09/08).
To complete the ratification process, the lower chamber and the senate still have to approve the text. The recent local elections weakened the ODS camp, which itself is divided over the Lisbon Treaty. However, Prime Minister Mirek Topolanek (ODS) is strongly in favour of ratifying the Lisbon Treaty as soon as possible.
Eurosceptic Czech President Vaclav Klaus strongly opposes the ratification of the Lisbon Treaty. He recently confirmed that he would not sign off on his country's Lisbon Treaty ratification unless Ireland approves the text first (EurActiv 25/07/08). This position is similar to that of Polish President Lech Kaczyński, who said he would not sign the ratification of the treaty unless he received assurances that it would indeed enter into force (EurActiv 01/07/08).
LinksDossier: Ratifying the Treaty of Lisbon
The Czech Constitutional Court started public proceedings on the treaty's compatibility with the Czech constitutional order on Tuesday, when it heard a speech criticising the text by President Vaclav Klaus and another by Vice Premier Alexandr Vondra, responsbile for European affairs, who spoke in favour of the treaty on behalf of the Czech government.
In his speech
at the proceedings on Tuesday, Klaus fiercely attacked the Lisbon Treaty, which he said was "not in harmony with the constitutional order of the Czech Republic".
Klaus also lamented that the proceedings of the court were surprisingly short. In fact, the hearing was adjourned three hours after it began.
Court chairman Pavel Rychetsky reacted to this remark by pointing out that his court had been dealing with the Lisbon Treaty for almost seven months.
Klaus also lamented that the judges asked no questions during Tuesday's hearing, which he said was "depressing".
At the hearing, Deputy Prime Minister for European Affairs Alexandr Vondra advocated the Lisbon Treaty's ratification. The text would not make the EU "a federal state" and it does not breach the Czech constitution, he said.
"The Czech Republic will stay a sovereign, democratic and legal state. The Lisbon Treaty does not alter these principles, just the opposite - it strengthens them," said Vondra.
If no new hurdles appear, ratification by the Czech parliament may be completed either in the first three months of next year (as promised by the prime minister) or even by the end of 2008 (as others have suggested is possible), according to Czech press reports.
Observers say that the treaty would probably continue to represent an obstacle to domestic policies. As final approval requires a three-fifths majority in both chambers, the opposition is expected to ask for trade-offs on other issues, including the hosting of a US radar, part of the controversial missile defence system.
The positive decision by the Constitutional Court is widely expected to benefit the Czech EU Presidency, which takes over the EU lead from France on 1 January 2009.
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