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EU leaders upset by Czech Lisbon Treaty delay

Published 18 September 2009
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European Union leaders exchanged heated words at a Brussels summit yesterday (17 September), when Czech Prime Minister Jan Fischer warned that a constitutional challenge to the Lisbon Treaty in the Senate could delay final ratification by up to six months, EurActiv has learned.

In contrast with the atmosphere of broad agreement which permeated the summit ahead of next week's G20 meeting (EurActiv 18/09/09), Fischer's announcement caused tempers to flare as pro-Lisbon leaders sensed yet another threat to the treaty's uncertain future. 

The constitutional complaint against the treaty, led by a group of senators loyal to President Václav Klaus, has been mooted since August 2009 (EurActiv 24/08/09), and could throw a major spanner in the works for EU leaders who wish to see the treaty ratified quickly in the event of an Irish 'yes' in October's referendum. 

The complaint would follow along similar lines to that made in Germany (EurActiv 09/09/09), and could potentially lead to a delay of three to six months before President Klaus is legally compelled to sign its final ratification, Fischer told his peers. 

According to sources, who did not wish to be named due to the sensitive nature of the issue, Fischer's announcement resulted in heated exchanges between leading EU heavyweights, many of whom were visibly angry at this latest twist in the ongoing Lisbon Treaty saga. 

French President Nicolas Sarkozy in particular was said to have been furious at the news, and argued with Fischer in the presence of other heads of state. 

Pro-Lisbon activists view the Czech senators' proposed complaint as a ploy by Václav Klaus – a long-time and vocal opponent of the treaty – to ensure that, even with an Irish 'yes', the treaty's final ratification is delayed long enough to allow general elections to take place in the UK in 2010. 

The UK elections, widely expected to be won by David Cameron's Conservative Party, could lead to a referendum on the treaty in the UK – a ballot which would almost certainly lead to a strong 'no' in the traditionally Eurosceptic island nation. 

Cameron has made a Lisbon referendum a central plank of his election campaign, and has promised to hold one as soon as he is elected should the possibility still exist. 

Indeed, a leading Conservative MEP earlier this week told EurActiv that his party is hoping for precisely this outcome (EurActiv 16/09/09). 

Fischer earlier this week called for the senators to make their complaint without delay, arguing that their stalling tactics were damaging the country's international reputation, but have yet to announce the exact date they will lodge the complaint. 

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 holding 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 Civic Democratic party (ODS) over the treaty were deep enough to influence the collapse of the Czech government, a cause of significant embarrassment for the country, which held the rotating EU presidency in the first half of the year. 

The Lisbon Treaty's opponents among Czech senators first turned to the Constitutional Court in 2008. Last November, the Court said it did not find the treaty inconsistent with the Czech constitutional order. On 6 May, the Czech upper house 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.

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