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September 8th, 2008
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The next step

Political leaders jump into battle over EU constitution

Karel Kozeluh waves an EU flag during a rally held at Wenceslas Square before the June 13-14 referendum on joining the economic bloc.
By Kevin Livingston
Staff Writer, The Prague Post
(June 19, 2003)


While the voters' approval of the national referendum on joining the European Union officially puts the country on track to enter the economic bloc next year, it does not mean the domestic political fighting over the benefits of membership is likely to end soon.

As the country celebrated its new status in Europe, representatives to the EU began voicing displeasure with a proposed EU constitution that many fear will expand and federalize power in Brussels and drastically diminish the rights of the EU's smaller countries, like the Czech Republic.

Slightly more than 77 percent of those who cast ballots in the June 13-14 national referendum voted "yes" to joining the EU. About 55 percent of eligible voters participated in the balloting.

Before the fireworks could be launched to celebrate membership, government representatives to the constitutional convention in Brussels were loudly complaining of their treatment by larger EU nations, in particular Germany and France.

One representative, Civic Democratic (ODS) Deputy Chairman Jan Zahradil stormed out of the June 12 meeting that finalized the constitution draft.

"We were intimidated and mocked like dwarfs," said Social Democratic (CSSD) representative Jan Kohout.

At stake for many small countries, including the Czech Republic, is whether the balance of power will be tilted in favor of larger countries. Many of the document's key components -- such as a permanent president of the European Council, a unified defense and foreign policy and the elimination of national veto power-- are likely to have that effect, some international-law experts say.
A CHANGING EU

Following are some of the more contentious points in the final draft of the European Union constitution, which, if ratified next year, is scheduled to take effect in November, 2009:


• President of the European Council: Would do away with the current six-month rotating presidency, which is favored by 16 smaller EU states, including the Czech Republic

• Legislation: EU law would trump national legislation

• EU Foreign Minister: Would oversee all areas of foreign policy and all questions relating to EU security. Countries would be dissuaded from acting contrary to the Union's interest as happened in the recent Iraq war

• European Commission: Would have the power to pass legislation, although just 15 nations would vote at one time

Source: EU

Czech representatives will be able to fight for changes when an intergovernmental conference begins in October. Back home, lawmakers and analysts expect those concerns to be used as political weapons by opposition forces skeptical of EU membership.

"It depends if the Czechs want to make it an issue," said Julie Smith, head of the European Program at the Royal Institute of International Affairs.

"If you leave it to [President] Vaclav Klaus, it can be very unpleasant indeed," she said of Klaus' disdain for the idea of a federalist EU model.


Second vote proposed

The ODS, which has been critical of the idea of a European super state, is calling for a second referendum for May 2004 to give voters the power to ratify the constitution. A failure to pass a referendum would likely kill the document, since it needs unanimous approval from all member states.

Prime Minister Vladimir Spidla has surprisingly echoed the call for a referendum and also voiced concern about a federalist EU. Because the Czech Constitution does not allow for a referendum, Parliament would be required to pass new legislation to make it happen.

Many in Spidla's party, however, do not think another vote is necessary and view ODS' opposition to the constitution as a way to tap into public fears of the EU.

Libor Roucek, a CSSD deputy and EU observer, said 95 percent of the constitution draft, which will be subject to further changes beginning in October, is acceptable to the country. He said many aspects will require more study, such as the role of the EU presidency, but he said he did not feel a referendum was warranted because the proposed changes were not substantial.

"It doesn't go far enough to change the nature of the EU," Roucek said of the document. He said most of the constitution -- a first for Europe -- simply summarizes the EU treaties of the past 40 years.

But he said Zahradil and the ODS do not want an EU with the political clout to interfere in internal state politics. At the same time, he added, the ODS was attempting to posture itself in a position where it could place blame on the government if those fears come true.


Walked out

Zahradil, who left the convention to protest its pro-federal stance, said he did so because he did not want to bear the responsibility of participating in what he called a manipulated process.

"There is no point in me legitimizing something with which I sharply disagree," he said.

Zahradil said the citizens made the right decision in voting yes to membership. However, it is now important for the country to define its goals in the EU, he added.

"All politicians should unite to ensure that the country's needs are met," Zahradil said.

Others have made similar complaints about the draft. Zahradil received some support from Eleftherios Karayannis, the Greek ambassador to the Czech Republic. He told lawmakers June 14 that Zahradil is not alone in his criticism of the constitution.

"It is not only the new members that are being treated like dwarfs," he said. "It is always big versus small."

Some here were more critical of the ODS strategy.

"It is a mystery to me," said Bohumil Dolezal, a political science professor at Charles University. "Instead of trying to find allies among countries with similar reservations about the constitution, he runs away from the convention like a small boy."

He said a referendum on the constitution was also unlikely because it would require cooperation among all political parties, including the Freedom Union and the Christian Democrats, who are strong in the Senate.

Also, because the constitution is a complicated document, it did not lend itself to a popular vote, he said.

"It is not exactly a yes or no situation," he said.

Other observers said they expect the constitution to be a political sticking point as politicians attempt to preserve as much Czech sovereignty as possible while others work to assimilate the country into the EU.

"There will be some debate among politicians," Roucek said.

IT Minister Vladimir Mlynar put it this way: "The biggest thing will be for the EU not to be sorry they took us."

-- Dinah Spritzer and Krystof Hilsky contributed to this report.

Kevin Livingston can be reached at klivingston@praguepost.com




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