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German parties find shortcut for Lisbon Treaty ratification

Published 18 August 2009
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Germany's main political parties have reached broad agreement on changes to a law which will enable Berlin to ratify the EU's Lisbon treaty before next month's election, a senior conservative lawmaker said on 17 August.

Chancellor Angela Merkel's coalition has to tweak domestic legislation after the country's highest court in June demanded some changes to comply with the German constitution. 

However, fears had grown that German ratification might be delayed until after the Sept. 27 election as some politicians in Merkel's conservative camp demanded bigger changes. 

"Basically, we have agreed in political terms," said Norbert Roettgen, conservative parliamentary floor leader, adding the aim was for the main five parties to agree on the law to ensure its smooth passage through parliament in September. 

The new law would oblige the government to inform parliament "thoroughly and as early as possible" about European Union intergovernmental business, said Roettgen. 

However, it appears to stop short of the demands made by Merkel's Bavarian sister party, the Christian Social Union (CSU), which had used the court ruling to push for greater parliamentary influence over German decision-making at EU level. 

Germany is one of four countries which have yet to ratify the treaty, aimed at streamlining EU decision-making. 

All 27 members have to ratify the treaty for it to take effect and a long delay would have been an embarrassment to Merkel, who spearheaded efforts to reach a deal on the treaty in 2007, and could have boosted opposition to it in other states. 

Under the new rules, the Bundestag lower house would get access to all the relevant documents, and parliament should be able to issue a view on any subject the government is discussing at EU level. 

While these views would not be binding, as the CSU had demanded, and the government would be completely free to act, it would have a duty to justify its decisions to parliament, said Roettgen. 

The government would have to show "what it has done, what it has achieved and what it has not achieved and where it has deviated from the express view of parliament", said Roettgen. 

The CSU also failed in its efforts to grant Germany's Constitutional Court the last word on interpreting the Lisbon Treaty, said Roettgen. 

The conservative bloc, which comprises Merkel's Christian Democrats (CDU) and the CSU, will discuss the draft on Friday. Germany, Ireland, Poland and the Czech Republic are the only EU states yet to ratify the Treaty. Ireland is to vote again in October after a referendum last year rejected it. 

Luxembourg's Prime Minister Jean-Claude Juncker said last week the changes demanded by some Germans threatened to bring "sclerosis" to the bloc and were a graver problem than Ireland's looming vote. 

(EurActiv with Reuters

Background: 

The Lisbon Treaty was approved by parliamentary ratification in Germany on 23 May 2008, with overwhelming majority support from all sides of the political spectrum.

However, a number of high-profile petitions - including some from a number of German MPs - were made to Germany's Constitutional Court to assess the treaty's compatibility with German law. 

Specifically, the petitioners expressed the fear that the treaty was setting the EU on a path to becoming a de facto superstate (EurActiv 12/02/09). 

German Federal President Horst Koehler signed the law following parliamentary ratification last year, but final ratification cannot take place until he has signed the instrument of ratification. 

On 30 June, the German Constitutional Court today lifted a major obstacle to the country's final approval of the EU's controversial Lisbon Treaty, pending a parliamentary vote expected before national elections in late September (EurActiv 30/06/09). 

However, the court decided that before giving its final seal of approval, the German chambers of parliament would need to be granted a stronger voice in EU affairs. Essentially, the court believes that the Bundestag and Bundesrat "have not been accorded sufficient rights of participation in European lawmaking procedures and treaty amendment procedures". 

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