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Senators’ offensive on EU treaty 'worries' Czech cabinet

Published 24 August 2009
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A Czech minister said last week that he was worried by a call from a group of senators for the Constitutional Court to postpone ratification of the EU's Lisbon Treaty until national laws are amended. EurActiv Czech Republic contributed to this article.

The Czech minister for European affairs, Stefan Fuele, expressed fears that ratification of the treaty would be further delayed over a new attempt by a group of senators, mainly from the centre-right ODS party, to introduce changes to a recently adopted law.

The so-called 'EU-related special mandate', which was adopted as a precondition for ratifying the Lisbon Treaty, obliges the government to seek parliamentary approval whenever national powers are transferred to the EU. 

A group of lawmakers, led by senator Jiri Oberfalzer (ODS), now insist that for such transfers of powers, the parliament must vote with a constitutional majority of 3/5, instead of a simple majority. 

Oberfalzer also insists that the Czech Constitutional Court should have the final say in interpreting EU legislation ensuing from the Lisbon Treaty. He says the law governing the Constitutional Court needs to change, so that the Court's judges can decide whether individual steps taken by EU bodies are in accordance with the Czech Constitution. 

The ratification process of the Lisbon Treaty should be suspended until the relevant legislative changes are approved, the group of lawmakers insists. 

"Such a development would also have an international impact and might question the Czech Republic's ability to meet its commitments and harm the country's credibility in the eyes of its partners in the EU for a long time," Fuele has reportedly said. 

The Czech minister, from the country's caretaker cabinet, also criticised the fact that no clear deadline for completing ratification exists, even though the parliament passed the treaty more than three months ago. 

The group of lawmakers led by Oberfalzer is preparing another complaint to the Constitutional Court, which will focus on some parts of the Lisbon Treaty, EurActiv Czech Republic reported. They are expected to file the complaint in early September. 

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 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 was holding the rotating EU presidency in the first half of the year (EurActiv 25/03/09). 

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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