The Prague Post Online: News: Lisbon Treaty up for approval

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July 20th, 2008

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Lisbon Treaty up for approval

Experts disagree on level of change accord seeks to achieve

By Markéta Hulpachová
Staff Writer, The Prague Post
April 16th, 2008 issue

Lisbon Treaty highlights

The document already approved by some EU countries and now under review by Czech Parliament seeks to:
Strengthen the role of national parliaments by ensuring that the EU only acts when results cannot be reached on a national level
Reduce the European Commission from 27 commissioners to 18
Allow the European Parliament and the European Council to make joint decisions through double-majority voting, requiring legislation to be passed by 55 percent of member states representing at least 65 percent of the EU population
Split the EU Cabinet into a Council of Ministers (made up of national ministers) and a European Council (made up of heads of state)
Establish the post of European Council president, elected by the European Council for terms of two and a half years to direct council meetings and represent the EU externally
Establish the post of president of the Council of Ministers, who will act as EU foreign affairs representative
Transform the EU into a legal entity, giving it the powers of a state, allowing it to sign treaties, etc.
Create an exit clause, enabling member states to leave the EU
Introduce an EU human rights charter

When the heads of 27 European Union countries signed the Lisbon Treaty in December, the event was revered by EU officials as a step in the direction of a “more democratic, transparent and efficient Europe.” Four months later, the opaque document is inching its way toward unionwide ratification.

In essence, the treaty is a replacement for the EU Constitution Treaty of 2005, which was returned to the drawing board when it failed to win approval in national referendums in France and the Netherlands.

After approving the Lisbon Treaty at the end of 2007, EU leaders brought it home to their respective countries for ratification.

In an effort to speed the treaty’s implementation, most EU leaders agreed to submit it to a parliamentary vote rather than a national referendum. But, apart from this majority consensus, each country’s government may determine the document’s constitutionality in whatever way they choose. In Ireland, the constitution requires the government to submit the treaty to a public vote. In 10 countries including France, Poland and Bulgaria, the treaty has already been ratified with the support of national parliaments.

While local lawmakers may not be as eager as their Slovak counterparts (who ratified the treaty April 10), Czech ratification appears imminent, as it is supported by both major parliamentary parties.

On April 2, the treaty passed its first reading in the Chamber of Deputies, where its sole opponent — the Communist Party of Bohemia and Moravia — holds 26 of the 110 seats.

As it awaits second and third lower house readings this fall, the Lisbon Treaty is becoming a frequently discussed topic in the Civic Democrat-led government coalition. Despite a recent decision by the Senate constitutional committee, which deemed the document harmonious with Czech law, the Civic Democrats want to submit it to the Constitutional Court for further evaluation — an unnecessary move according to some. "It's definitely not standard procedure," said European integration expert Jan Karlas of the Institute of International Relations, a local think tank.

While more “pragmatic” than its predecessor, the Lisbon Treaty has many of the same traits as the EU constitution, according to Martin Stašek, spokesman for the Czech representation of the European Commission.

“The goal of the treaty is to allow the union to function more effectively and to raise its ability to act,” he said.

The main difference, according to Karlas, is that the Lisbon Treaty amends, rather than replaces, older framework agreements regulating EU government, making it considerably less ambitious.

Unlike the more optimistic Stašek, who pointed out that 18 of 25 member states ratified the original constitution, Karlas said it would be years before the EU ratifies an official constitution.

“The populations of a whole range of member states are unwilling to support such decisive changes,” he said. “Typically, it’s not because they are Euroskeptical, but because of some internal political debate.”

While the changes in the Lisbon Treaty are not radical enough to warrant an EU-wide public vote, an entirely new constitution would require many member states to ratify it through referendums. “It is currently unthinkable that a constitution treaty would gain unanimous approval,” Karlas said.

Not all EU experts share Karlas’ view.

While he agrees that the document is not as progressive as an EU constitution, Anthony Coughlin, secretary of the National Platform EU Research and Information Centre in Dublin, calls the Lisbon Treaty a furtive step toward EU federalization.

By giving the EU the “legal personality” of a state, Coughlin says the accord disbands the European community, which is governed by supranational law, and replaces it with a sovereign entity.

“Unlike the present European Union, this legally new EU will be separate from and superior to its member states, just as the [United States] is separate from and superior to California or New York,” he said. “To hide the enormity of the change, the same name will be kept while the Lisbon Treaty changes fundamentally the legal and constitutional nature of the union. By this means, the importance of the proposed change is kept hidden from the people.”

By limiting the powers of the directly elected EU organs, Coughlin said the treaty allows the union to be run by “committees of politicians, bureaucrats and judges, none of whom are directly elected by the people.”

Both Karlas and Stašek say Coughlin’s concerns are largely unfounded. While it is true that, by splitting legislative powers between the European Parliament and the European Council, the decision-making role of citizens is slightly diminished on the EU level, the treaty strengthens the power of national parliaments and public initiatives.

In addition, Karlas said the treaty takes steps toward decentralization through provisions such as the “subsidiarity” principle, which requires decision-making at the lowest level, raising the civic responsibility of individual member states.

Markéta Hulpachová can be reached at mhulpachova@praguepost.com

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