EUCO: Fiscal compact TSCG

The fiscal compact, officially the Treaty on stability, coordination and governance in the economic and monetary union (TSCG), was signed yesterday by 25 of the 27 governments of the EU member states. Only the Czech Republic and the United Kingdom chose to exclude themselves at this stage.

The TSCG text is available in the 22 authentic treaty languages (Bulgarian, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish).


A common concern

The recital reminds us of the obligation of all member states of the European Union to regard their economic policies as a matter of common concern. This obligation was introduced by the Maastricht Treaty, which was signed twenty years ago.

Recently, the failure of the states to adhere to and to enforce this obligation has turned it into a grave concern, common to all EU citizens (and beyond).

The TSCG still builds on the principle of national economic policies, which need to be coordinated intergovernmentally, although it purports to shrink the straitjacket.


Treaty law and enhanced cooperation

The aim of the signatories is to incorporate the substance of the TSCG into the legal framework
of the European Union within five years (Article 16). According to Article 10, enhanced cooperation is seen as an option.

This intergovernmental treaty, close to but outside the institutional framework of the European Union, went through six different drafts, which were not officially made public. However, the draft texts were leaked to selected media. Even if selective leaks violate the principle of equality between EU citizens, openness was served.


Ratification

According to Article 14(2) and (3), the TSCG needs to be ratified by at least twelve euro area member states to enter into force among them.

The meaning is twofold. The final number of ratifying states may be less than 25. For constitutional reasons Ireland is going to call yet another national referendum. Other countries may stumble when they try to transpose the changes into national law, although aid from the European Stability Mechanism (ESM) will become conditional upon the ratification of the TSCG.

On the other hand, a few dropouts won't spoil the party for the masochists.


Euro Summit

The provisions on governance (Euro Summit) apply to all parties from the original entry into force. See Article 14(4). The TSCG legalises the recent practice of euro summits, which have eclipsed the Eurogroup, which meets informally but is mentioned in an EU Treaty protocol.


Political alignment

For the non-euro countries, the TSCG is mainly a symbol of political alignment, since they undertake no concrete obligations, if they do not expressly undertake obligations. See Article 14(5). However, according to Article 12(3) they are granted limited participation rights in the Euro Summit.

The TSCG as a whole applies to the eurozone countries, although only a part of the provisions are real additions to the euro area acquis.

The signing of the TSCG took care of the ”austerity” part at the European Council 1-2 March 2012, so the main part of the EUCO meeting could – for a change – be devoted to economic growth, competitiveness and jobs.



Ralf Grahn
speaker on EU affairs, especially digital policy and law

P.S. Between the global issues and the national level, with a tenuous hold on democracy, the European Union institutions and the eurozone coteries shape our future. At the same time we see a European online public sphere emerging. Grahnlaw (recently ranked fourth among political blogs in Finland), Grahnblawg (in Swedish) and Eurooppaoikeus (in Finnish) are among the more than 900 euroblogs aggregated by multilingual Bloggingportal.eu. Are you following the debates which matter for your future? Is your blog already listed on Bloggingportal?

”Hollywood versus The People” ACTA causes flood of protest

What the Pirate Party founder and inimitable digital freedom evangelist Rick Falkvinge calls the ”Hollywood versus The People” Anti-Counterfeiting (and much more) Trade Agreement ACTA has caused the biggest political protest storm ever among EU citizens.

The Avaaz online petition for the European Parliament (and the national parliaments) to reject the anti-piracy treaty has now been signed by 1.629 million concerned netizens, and new signatures keep pouring in.


Stopacta.com

Via @linotherhino I found her contribution to the coalition to defeat ACTA and drive back the IPR fundamentalists: stopacta.com.

The clear and pleasing layout makes it easy to find basic information, arguments, detailed reports and activist networks engaged in the struggle for Internet freedom.


ACTA roundup

After my latest roundup of blog posts about ACTA and related themes, here is a new batch of entries in English (EN), Swedish (SV) and Finnish (FI):

Grahnlaw (EN): ACTA text in 22 languages – Soon a million protesting online

Eurooppaoikeus (FI): ACTA ja nettikansalaisten kapina

Eurooppaoikeus (FI): ACTA-protesti jatkuu – Euroopan parlamentti ruotii

Grahnlaw (EN): De Gucht merits ACTA rejection

Grahnblawg (SV): Hammurabis lagar och ACTA

Grahnlaw (EN): Growing ACTA protest online and on the ground

Grahnlaw (EN): Piercing ACTA armour

Eurooppaoikeus (FI): ACTA paketissa – Vastalauseet jatkuvat

Grahnblawg (SV): Demonstrationer mot ACTA i Sverige och övriga Europa

Grahnlaw (EN): ACTA demonstrations today in Sweden

Grahnblawg (SV): ACTA framkallar största EU-protesten någonsin – Demonstrationer i Sverige


ACTA text and next

Since we are in linguistically diverse Europe, a reminder that the ACTA proposal and treaty text are available in 22 of the official languages of the European Union. Here to the English version (pdf):

Proposal for a COUNCIL DECISION on the conclusion of the Anti-Counterfeiting Trade Agreement between the European Union and its Member States, Australia, Canada, Japan, the Republic of Korea, the United Mexican States, the Kingdom of Morocco, New Zealand, the Republic of Singapore, the Swiss Confederation and the United States of America; Brussels, 24.6.2011 COM(2011) 380 final

The European Parliament, which should have been ”immediately and fully informed at all stages of the procedure” (Article 218(10) TFEU, which says nothing about seeking the advice of industry special interests), can either give its consent or reject the treaty.

Most of the national parliaments need to approve ACTA before government ratification.



Ralf Grahn


P.S. Between the global issues and the national level, the European Union is a shaper of our digital future and online freedoms. Is your blog already listed among the more than 900 euroblogs aggregated by multilingual Bloggingportal.eu? Are you following the debates which matter for your future?

Growing ACTA protest online and on the ground

By now, more than 1.526 million netizens have signed the Avaaz.org petition for the European Parliament to reject #ACTA. The call is also directed at the parliaments in the EU member states, where most of the governments are preparing ratification.

Protests are planned on the ground, too. Via @hope_74 a map of protests planned, mostly for 11 February 2012. Matt Brian writes on TNW about the day of protest in Europe against the controversial ACTA treaty.

This may already be the greatest demonstration of discontent with the EU ever, but the Brussels bubble, with few exceptions, refuses to engage with the protestors. See #ACTA on Twitter.

Not much is heard from the national capitals yet, but the online protest boom combined with local demonstrations may induce the to governments to publicly close ranks behind the EU trade commissioner Karel De Gucht, who works to extol the virtues and to secure the passage of the Anti-Counterfeiting (and much more) Trade Agreement (see earlier Grahnlaw post).

Interestingly, mainstream media in Europe have been slow or reluctant to pick up the escalating anti-ACTA movement. Who watches the watchmen?


To the source

Since we are in linguistically diverse Europe, a reminder that the ACTA proposal and treaty text are available in 22 of the official languages of the European Union. Here to the English version (pdf):

Proposal for a COUNCIL DECISION on the conclusion of the Anti-Counterfeiting Trade Agreement between the European Union and its Member States, Australia, Canada, Japan, the Republic of Korea, the United Mexican States, the Kingdom of Morocco, New Zealand, the Republic of Singapore, the Swiss Confederation and the United States of America; Brussels, 24.6.2011 COM(2011) 380 final


Ralf Grahn

P.S. Between the global issues and the national level, the European Union shapes our digital future and online freedoms. Is your blog already listed among the more than 900 euroblogs aggregated by multilingual Bloggingportal.eu?

Greens challenge ACTA legality

The European Commission has made two connected ACTA proposals:

Proposal for a COUNCIL DECISION on the signing, on behalf of the European Union of the Anti-Counterfeiting Trade Agreement between the European Union and its Member States, Australia, Canada, Japan, the Republic of Korea, the United Mexican States, the Kingdom of Morocco, New Zealand, the Republic of Singapore, the Swiss Confederation and the United States of America; Brussels, 24.6.2011 COM(2011) 379 final

Proposal for a COUNCIL DECISION on the conclusion of the Anti-Counterfeiting Trade Agreement between the European Union and its Member States, Australia, Canada, Japan, the Republic of Korea, the United Mexican States, the Kingdom of Morocco, New Zealand, the Republic of Singapore, the Swiss Confederation and the United States of America; Brussels, 24.6.2011 COM(2011) 380 final

The Council needs the consent of the European Parliament before the conclusion of the the agreement. See Article 218(6)(a)(v) TFEU. You can follow the procedure on Oeil, the Legislative Observatory of the EP, under the reference 2011/0167 (NLE).


Commission asserts

The European Commission knows that the less than open negotiating process leading to ACTA increased mistrust in many quarters. Some of the issues and proposals discussed during the negotiations have been criticised on Constitutional and civil rights grounds, as well as for being slanted in favour of big business interests – holders of intellectual property rights (IPR) - against the wider public (citizens, consumers, other users).

In the superficial and brief explanatory memorandum, which seems to be identical in the signing and the conslusion proposals, the Commission tries to sell the benefits of stricter IPR enforcement in international trade. It also makes assertions intended to eliminate obstacles, calm doubts and to promote the smooth passage of the proposal. Here a few picks:

* ACTA does not modify the EU acquis, because EU law is already considerably more advanced than the current international standards

* ACTA is a balanced agreement, because it fully respects the rights of citizens and the concerns of important stakeholders such as consumers, internet providers and partners in developing countries

* It has never been the intention, as regards the negotiation of ACTA to modify the EU acquis or to harmonise EU legislation as regards criminal enforcement of intellectual property rights

Fundamental Rights

The Green group in the European Parliament has constantly scrutinised supposedly illiberal proposals from the Commission or member states in relation to the digital environment and the Internet.

This time the Greens/EFA have commissioned a legal study of the compatibility of ACTA with civil rights. The press release offers the conclusions in a nutshell: New study underlines rights concerns with ACTA, strengthens calls for deal to be scrapped.

Yesterday, the Green MEP Jan Philipp Albrecht said that the ACTA agreement violates binding fundamental rights, and that the EU and its member states have a duty to scrap the ACTA agreement as it stands.

Those who are interested in the individual arguments, can read the full study, or at least the Summary and Conclusions (page 58-61):

Douwe Korff & Ian Brown: OPINION on the compatibility of the Anti-Counterfeiting Trade Agreement (ACTA) with the European Convention on Human Rights & the EU Charter of Fundamental Rights

The experts conclude:

Our analysis shows that ACTA, as currently drafted, seriously threatens fundamental rights in the EU and in other countries, at various levels.

***

The assertions by the European Commission are not enough. The European Parliament and national parliaments need to look closely at the legal implications of ACTA, however keen they might be to promote the interests of IPR holders in international trade and the internal market.



Ralf Grahn

Aland Parliament approves EU Lisbon Treaty

Today, a few days before the Lisbon Treaty enters into force in the European Union, the Åland Parliament (Ålands lagting) has approved the amending treaty with respect to the territory of the Aland Islands and the areas covered by the legislation of this autonomous province of Finland.


The press release, available through the home page of the Aland Parliament (in Swedish) states that the Lisbon Treaty was approved by 24 votes (out of a total of 30 local parliamentarians):

Ålands lagting röstade idag ja till Lissabonfördraget

Lagtingets behandling av Lissabonfördraget avslutades idag med en tredje behandling då en slutlig omröstning hölls. Lagtingets samtycke gavs med 24 röster. Obunden samlings, Ålands framtids ledamot samt en ledamot från Centern röstade nej. För samtycke krävs kvalificerad majoritet av de närvarande ledamöterna som såleddes uppnåddes.

Till grund för behandlingen låg republikens presidents framställning nr. 6/2007-2008. Samtidigt behandlades landskapsregeringens meddelande nr 4/2007-2008. De klämmar om bl.a. inflytandefrågor som lagutskottet fogat till sitt betänkande om presidentframställningen antogs samtigt av lagtinget.

För den som är intresserad av lagtingets hela behandling av ärendet hänvisas till lagtingets web-sida, www.lagtinget.ax. Klicka på "Dokument och ärenden och skriv Lissabonfördraget i sökformuläret.

A two thirds majority was required for approval.

The decision means that the Åland Islands do not enter a legal grey zone when the Lisbon Treaty becomes law on 1 December 2009. Finland ratified the reform treaty in 2008.



Ralf Grahn



P.S. Do you find EUSSR myths fascinating? Are we EU citizens worth a better European Union? Read some or all of the 481 Euroblogs aggregated on multilingual Bloggingportal.eu. On most of the blogs you can comment and discuss our common European future.

Final ratification of EU Lisbon Treaty ─ finally

Czech Happenings report that prime minister Jan Fischer deposited the 27th and last ratification instrument of the European Union’s Lisbon Treaty on Friday with the Italian Ministry of Foreign Affairs in Rome: Czech PM brings Lisbon treaty to Rome ending ratification process (13 November 2009).



Now that all the ratification instruments are in, the Lisbon Treaty enters into force on 1 December 2009, not that it has been in doubt since president Vaclav Klaus finally signed it. But it would have been nice if the Council of the European Union, just this once, had updated its web page on Lisbon Treaty ratifications in real time. As it is, there is still a gaping hole for the ratification date of the Czech Republic.


Haphazard information ─ need for improvement

Admittedly, the shift from the Treaty of Nice to the Treaty of Lisbon is somewhat messy, but the EU Council could have done a bit more to inform the public about the legal and political aspects of various issues requiring implementation.

The legality of the current Commission continuing in office ─ in a caretaker capacity ─ from 1 November 2009 has been questioned in mainstream media as well as in blogs. Shouldn’t clarifying answers be given by the Council?

Is it clear that the (as yet unknown) new high representative can take over as vice-president of the Commission on 1 December 2009, given the need for hearings by the European Parliament?

Wouldn’t more visible and comprehensive reporting about all the other implementation issues regarding the Lisbon Treaty be in order?

The nomination procedures for the president-chairman of the European Council and the high representative for foreign affairs and security policy cum vice-president of the Commission are a superb illustration of how intergovernmental cooperation works (so supporters of “freely cooperating, sovereign nation states” have forfeited their right to criticise).



However, those in favour of EU level democracy, or even just a more democratic European Union, can ask with Jean-Guy Giraud on Regards-citoyens if the first steps to be taken under the Lisbon Treaty have to violate the basic principles of a union “in which decisions are taken as openly as possible and as closely as possible to the citizen”; in Bienvenue à M./MME ‘PPCC’, Président/E du Conseil européen (13 November 2009).



In the meanwhile, you can vote at Fondation Robert Schuman on some of the persons rumoured to be candidates to become president of the European Council. A short while ago 8,733 had participated, despite the official black-out; hardly an indication of a total lack of interest among EU citizens for our common future.




Ralf Grahn



P.S. Are EU citizens worth a better European Union? Read and discuss on the Euroblogs aggregated on multilingual Bloggingportal.eu.

Aland Islands and EU Lisbon Treaty (November 2009 update)

The Autonomy Committee (Självstyrelsepolitiska nämnden) of the Åland Parliament (Ålands lagting) has prepared an 18 page opinion for the Legal Committee (Lagutskottet), published 27 October 2009, and available in doc format through the link: Lissabonfördraget Självstyrelsepolitiska nämnden har avgivit sitt utlåtande till lagutskottet om Lissabonfördraget. Klicka här om du vill läsa utlåtandet.

The Legal Committee will issue a report on the application of the EU Treaty of Lisbon in the Åland Islands.

As yet, there is no plenary date for the debate and decision to approve or reject the amending treaty with regard to Åland.

Approval by the Åland Parliament plenary requires a qualified majority of two thirds of the 30 members in the regional parliament, and the decision concerns the application of the Lisbon Treaty in the Åland Islands, with regard to the areas with autonomous legislation.



Finland formally ratified the EU Treaty of Lisbon 30 September 2008.

The formal ratification process of the Lisbon Treaty will be concluded, when the Czech prime minister Jan Fischer deposits the 27th and last ratification instrument with the Italian government (foreign ministry) in Rome next Friday, 13 November, which means that the Treaty of Lisbon enters into force on 1 December 2009.

Thus, the Åland Islands can be expected to make its decision during the course of November in order to avoid a legal grey zone.




Ralf Grahn




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Lisbon Treaty into force 1 December 2009?

Czech Happenings report that president Vaclav Klaus has signed the Lisbon Treaty this afternoon, after it was passed by the Czech Constitutional Court earlier today.



Acting prime minister Jan Fischer has said that he is prepared to countersign the Lisbon Treaty, so that it can enter into force from December.

***

Forward

It now looks as if the last ratification instrument will be deposited with the Italian government in Rome during November. If so, the Lisbon Treaty enters into force on the first day of the following month, i.e. 1 December 2009.

The Swedish presidency of the EU Council has promised to start formal consultation with regard to the president of the European Council and the high representative for foreign affairs and security policy on the day following Klaus’ signature, in other words tomorrow.

The leaders of the EU member states will probably meet at an extra European Council next week.

At the same time they need to discuss the nominations for the Commission with president-elect José Manuel Barroso, in order to set the stage for the hearings by the European Parliament, which must approve the new Commission as a body, before it can be formally appointed.

The old Commission and high representative Javier Solana should have been allowed to quit on 31 October, but they will probably have to continue until the end of the year.

In Britain, the Conservative Party leadership’s promise to arrange a referendum on the Lisbon Treaty, as long as it has not entered into force – even if dependent only on the whim of a solitary man against the democratic will of 27 national parliaments – now adorns the scrap heap of history (save for the technical details).

According to news reports, Tory leader David Cameron is expected to announce the new party line tomorrow. It is going to be a difficult moment between the remaining shreds of Tory political realism with regard to Britain’s European partners and the anti-EU hardliners among the Conservative Party’s MPs and members as well as the British electorate.



Ralf Grahn



P.S. Follow interesting Euroblogs on multilingual Bloggingportal.eu.

EU Lisbon Treaty cleared by Czech Court

“Lisbon Treaty in line with Czech Constitution – court”, reports Czech Happenings (3 November 2009).


The Czech Constitutional Court in Brno has issued a press release as well as the core sentences of its judgment in English. (More is promised shortly.) The judgment does a great deal to lessen the constitutional crisis in the Czech Republic.

***

All the political and legal obstacles raised by president Vaclav Klaus (and his allies) have now been removed.

The European Union is waiting impatiently for the Lisbon Treaty to enter into force.



Ralf Grahn

EU Lisbon Treaty: Trick or treat(y)?

“Trick or treat?”, asked president Vaclav Klaus, and 27 member state governments (including his own) obliged by granting the Czech Republic an opt-out from the Charter of fundamental rights of the European Union.


Presidency conclusions

This is how the Presidency conclusions of the European Council 29 to 30 October 2009 (document 15265/09) settle the issue (page 1 to 2):


I. Institutional issues

1. The European Council welcomes the ratification of the Treaty of Lisbon by Germany, Ireland and Poland, which means that it has now been approved by the people or the parliaments of all 27 Member States.

2. The European Council recalls that the entry into force of the Treaty of Lisbon requires ratification by each of the 27 Member States in accordance with their respective constitutional requirements. It reaffirms its determination to see the Treaty enter into force by the end of 2009, thus allowing it to develop its effects in the future.

On this basis, and taking into account the position taken by the Czech Republic, the Heads of State or Government have agreed that they shall, at the time of the conclusion of the next Accession Treaty and in accordance with their respective constitutional requirements, attach the Protocol (in Annex I) to the Treaty on European Union and the Treaty on the Functioning of the European Union.

In this context, and with regard to legal application of the Treaty of Lisbon and its relation to legal systems of Member States, the European Council confirms that:

a) The Treaty of Lisbon provides that "competences not conferred upon the Union in the Treaties remain with the Member States" (Art. 5(2) TEU);

b) The Charter is "addressed to the institutions, bodies, offices and agencies of the Union with due regard for the principle of subsidiarity and to the Member States only when they are implementing Union law" (Art. 51(1) Charter).

***

Annex I with the text of the protocol appears on page 14 of the presidency conclusions:

ANNEX I

PROTOCOL ON THE APPLICATION OF THE CHARTER OF FUNDAMENTAL RIGHTS OF THE EUROPEAN UNION TO THE CZECH REPUBLIC

The Heads of State or Government of the 27 Member States of the European Union, taking note of the wish expressed by the Czech Republic,

Having regard to the Conclusions of the European Council,

Have agreed on the following Protocol :


Article 1

Protocol No 30 on the application of the Charter of Fundamental Rights of the European Union to Poland and to the United Kingdom shall apply to the Czech Republic.


Article 2

The Title, Preamble and operative part of Protocol No 30 shall be modified in order to refer to the Czech Republic in the same terms as they refer to Poland and to the United Kingdom.


Article 3

This Protocol shall be annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union.


***


Swedish Council Presidency



Swedish prime minister Fredrik Reinfeldt thanked his colleagues for clearing the final political hurdle to the Lisbon Treaty:

"I am pleased to announce that the European Council has this evening agreed to accept the exemption that the President of the Czech Republic has requested in order to be able to ratify the Treaty of Lisbon. We succeeded in reaching this agreement thanks to the many EU leaders who showed leadership and a strong willingness to cooperate.”


***

EU minister Cecilia Malmström noted on her blog:



“The Lisbon Treaty was moved yet another step closer to its entry into force last night, as European leaders agreed to grant the Czech Republic a clarification, which will satisfy the Czech government and the concerns of the country’s President Vaclav Klaus.

While not at all an ”opt-out” from the entire Charter of Fundamental Rights, as it has sometimes been described, EU leaders agreed that the Czech Republic will accede to the protocol previously agreed for Poland and the UK, which clarifies the contents of the Charter and its relation to national legislation.”

***

Vaclav Klaus



Having got his candy, Czech Happenings report that “Klaus not to raise further conditions before Lisbon signature” (30 October 2009). The article refers to a press release by the president’s spokesman Radim Ochvat.



Despite approval by 27 national governments and as many national parliaments, opponents of representative democracy have continued their campaign against the Lisbon Treaty. Yesterday, Kent Ekeroth from the extreme right Sweden Democrats (Sverigedemokraterna, SD) handed a petition with some 20,000 signatures to a representative of Klaus.




The fascistoid Sverigedemokraterna offers no translation of its name, so it has been called Swedish Democrats and Sweden’s National Democrats in various news items, which inform us that they, together with other nasties, Hungary's Jobbik, France's National Front, Italy's Three-Colour Flame and Belgium's National Front have formed the Alliance of European National Movements on Saturday and say they expect parties from Britain, Austria, Spain and Portugal to join them soon.


***


No to social and employment rights



The leader of the Civic Democratic Party (ODS), Mirek Topolanek, said that the opt-out did not mean any shift in the position on the Benes decrees.

The ODS leader, whose party sits in the anti-integrationist European Conservatives and Reformists (ECR) group in the European Parliament, together with the UK Conservatives and the Polish Law and Justice Party (PiS), expresses his satisfaction for a totally different reason. According to ex prime minister Topolanek:


"We will not be committed to fulfil comprehensive social rights of the third generation. This relates to the increased protection of employees in the event of sacking, higher demands for welfare and conditions of collective bargaining."


Unions and social democrats have been less enthusiastic.


***


Demonstrations




Yesterday, a group of about 15 demonstrators ─ UKIP, UK Conservatives and others flying Czech colours ─ in Brussels urged president Klaus not to sign the Lisbon Treaty. On Wednesday, about 200 had demonstrated in Prague.


***


Forward



The Czech Constitutional Court in Brno deals with the Lisbon Treaty Tuesday, 3 November 2009, which is the earliest day for a resolution on the complaints filed by 17 Czech Senators, defeated in the democratic arena.

After the substantially unfounded concession, but face-saving for president Vaclav Klaus, the Lisbon Treaty can finally be ratified by the Czech Republic, if the Constitutional Court rejects the complaints.

If the ratification instrument is deposited with the Italian government during November, the Lisbon Treaty could enter into force from 1 December 2009.



When the following EU Accession Treaty is concluded, the political promise made to the Czech Republic would be formally enshrined, somewhat shamefully distancing the country from the community of values formed around the Charter of Fundamental Rights of the European Union. The effect – including social and employment principles – is more symbolic than real, but the Czech will find themselves in the company of the United Kingdom and Poland.



According to the prime minister of Luxembourg, Jean-Claude Juncker, the Swedish presidency of the EU Council will start consultations on the top jobs (president of the European Council and high representative for foreign affairs and security policy) the day after president Klaus signs the ratification instrument. An extra summit will be convened, most likely in November.

In principle, the new Commission should take over tomorrow, 1 November 2009, but the Council still needs to agree with the president-elect, José Manuel Barroso, on the list of members. Some member states have not made their proposals yet. The European Parliament then arranges hearings with the proposed commissioners, before giving its consent to the Commission as a body. After that, the European Council makes the formal appointments. Even if the European Parliament does not reject the proposed Commission, 1 January 2010 seems to be the earliest possible date for entry into office.

Almost a decade has passed since the European leaders acknowledged that the Treaty of Nice was an unsatisfactory quick fix and that the treaty reform process had to continue, in the Nice declaration (23) on the future of the Union...

The Treaty of Lisbon is a step forward, but Europe’s new challenges have emerged and developed much faster than the structure of the European Union.



Ralf Grahn

From Rome to Brussels: Lisbon Treaty ratifications

From the 1957 Treaties of Rome, establishing the European Economic Community (EEC) and the European Atomic Energy Community (EAEC or Euratom), the ratifications of the treaties marking the various stages of European integration have been deposited with the Italian government in Rome.



On Friday 23 October 2009, Ireland deposited its ratification instrument, as we reported earlier, based on the Wikipedia web page on Lisbon Treaty ratification and on an article in The Irish Times.




This Tuesday, 27 October, we are happy to announce that the Council of the European Union has updated its web page on Lisbon Treaty ratifications, with Ireland’s notification duly noted.

This means that 26 of 27 EU member states are on record as having formally concluded the ratification procedures.

There is only one gaping hole. The amending Lisbon Treaty has been democratically approved by the Parliament in the Czech Republic, but two obstacles raised late in the process need to be resolved.

Today, the Czech Constitutional Court in Brno hears the new complaints by 17 Czech Senators, defeated in the parliamentary arena, but close to President Vaclav Klaus.

If and when the Court validates the treaty, the President’s unsubstantiated fears of property claims by expelled Sudeten Germans should somehow be settled. Yesterday evening Swedish Europe Minister Cecilia Malmström still spoke about negotiations between the Swedish EU Council Presidency, the Czech Government and Prague Castle on the modalities.

If President Klaus then signs the treaty and the other formalities are complied with, the European Union’s member states can finally set in motion the appointment of the Barroso II Commission, which should have taken over from 1 November 2009, the President of the European Council and the High Representative for Foreign Affairs and Security Policy, as well as start to lay the groundwork for the European External Action Service (EEAS) and a host of implementing measures required by the reform treaty.



Ralf Grahn

EU Treaty of Lisbon: 26 ratifications final?

The Wikipedia article “Ratification of the Treaty of Lisbon” has been updated with final ratification by Ireland yesterday, 23 October 2009. There remain gaping holes only with regard to the Czech Republic: “Presidential Assent” and “Deposited”.

Today’s Irish Times reports that “Minister for European Affairs Dick Roche travelled to Rome yesterday to deposit the instruments of ratification with the Italian government – a formality that all governments must complete before Lisbon can enter into force”.

This is an indication that the ratification instrument has been deposited.


However, the Council does not seem to live in real time. Its web page with ratification details for the Treaty of Lisbon still has a gaping hole where the notification date of Ireland should be.

***


Among others, AFP reports that the Czech President Vaclav Klaus has accepted the solution presented by the Swedish Presidency of the EU Council with regard to the Charter of Fundamental Rights.

This means that three member states have seceded from the community of values enshrined in the Charter of Fundamental Rights of the European Union, namely Britain and Poland as well as the Czech Republic, each in order to nurture its own phobias.

The Czech Constitutional Court in Brno hears the complaints regarding the Lisbon Treaty on 27 October 2009.



Ralf Grahn

Aland Islands and EU Lisbon Treaty (October 2009 update)

According to the newspapers Ålandstidningen (13 October 2009) and Nya Åland (14 October 2009), the Autonomy Committee (Självstyrelsepolitiska nämnden) of the Åland Parliament (Ålands lagting) has prepared an opinion for the Legal Committee (Lagutskottet), which will issue a report on the application of the EU Treaty of Lisbon in the Åland Islands.

According to the newspaper articles, the Autonomy Committee recommends approval, by six votes to two, but encourages the Åland Government (Ålands landskapsregering) to continue its negotiations with the Finnish Government in order to enhance the region’s powers in EU affairs. .

The opinion was reported to be 17 pages long, but I was unable to find any indication of publication.

Approval by the plenary requires a qualified majority of two thirds in the 30 member regional Parliament, and it would concern application of the Lisbon Treaty in the Åland Islands, with regard to the areas with autonomous legislation.



Finland formally ratified the EU Treaty of Lisbon 30 September 2008.

If the Lisbon Treaty is ratified by the Czech Republic, it enters into force on the first day of the following month.

***




YLE (the Finnish Broadcasting Company) has published a general news item on the Lisbon Treaty in Åland, in Finnish (updated 4 October 2009). The reform treaty is expected to reach the plenary during the first half of November.



Ralf Grahn

With Vaclav Klaus only seeing is believing

Vaclav Klaus’ “heroic” stand against the EU Treaty of Lisbon was draining away his support faster than you can say General Custer. What were his options?



Yesterday, 17 October 2009, Czech Happenings published main points of the interview Czech President Vaclav Klaus had given to the Lidove noviny paper.

Klaus now seems to believe that the EU’s Treaty of Lisbon will enter into force, and it looks as if he is going to be content with face-saving “Irish road” assurances, instead of re-ratification.


***


Facts and views



“Czech leader resigned to treaty”, reports the BBC, speaking of increasing signs from Prague Castle that Klaus’ battle may be lost.



“Klaus, fin de partie”, is the headline on the Coulisses de Bruxelles blog. Jean Quatremer notes that Klaus is not going to wait for the general election in Great Britain.

Contrary to Klaus’ assertion that Lisbon has advanced too far for a retreat, Quatremer remarks with some irony that the reform treaty offers a procedure for secession, but Klaus wanted to do it without consulting the citizens.



In a Bloomberg report, written by Andrea Dudikova, EU Commission spokesman Michele Cercone makes the observation that Klaus did not say that he will sign the Lisbon Treaty ratification.


***


English scene


The English anti-EU scene is trying to get to grips with the new situation. In The Telegraph, Christopher Booker laments the Czech President as a fallen hero, in “Vaclav Klaus, the only leader who dared stand up to Europe”.

Anti-integrationist commentators have been quick to realise that the foundation for the Lisbon referendum promised by David Cameron and William Hague has eroded.



If the Czech Constitutional Court rejects the new legal challenges and the Czech Republic finally ratifies the Lisbon Treaty, the Conservative Party’s EU policy enters uncharted “we won’t let matters rest there” territory.

The Klaus peg was amoral, but convenient for the Tories, who now feel the pressure building up.

Or should Cameron and Hague still hope, knowing Klaus’ erratic behaviour and that in his case only seeing is believing?



Ralf Grahn

EU Lisbon Treaty: Vaclav Klaus was losing support

On 17 October 2009 Czech Happenings reported a new SANEP poll, which indicated that President Vaclav Klaus was rapidly losing support for his rejection of the Treaty of Lisbon.

Some 58 percent ─ up 14 percentage points from the beginning of October ─ were of the view that Klaus’ attitude was harming the Czech Republic's position within the EU and that he should sign the Lisbon Treaty instantly.



The recorded result explains the earlier SANEP poll and it is in line with the STEM agency poll we mentioned in yesterday’s blog post “EU Lisbon Treaty: Czech polls stink”. This makes the contradictory Median agency poll ─ hugely supportive of Klaus’ obstruction ─ look even more of an inexplicable aberration.


***


Klaus had cast the role of the heroic defender of the national interest for himself, but the Czechs increasingly saw him as an embarrassment. What could he do?



Ralf Grahn

EU Lisbon Treaty: Czech polls stink

Czech Happenings reported on a SANEP poll, which said that 43 per cent of Czechs think that President Vaclav Klaus should immediately sign the EU’s Treaty of Lisbon, and 44 percent of people were convinced that postponing the signature harms the Czech Republic's name within the EU.



Soon afterwards, Czech Happenings reported on another poll, by the STEM agency, which found that three fifths of the Czechs were of the opinion that Klaus harms the Czech Republic by postponing his signature on the Lisbon treaty to complete its ratification, and three fifths said that Klaus should sign the EU reform treaty immediately after the Constitutional Court confirms that the document is in compliance with the Czech constitutional order.

***


Median agency poll



Suddenly, Czech Happenings reports on a Median agency poll, which tells us that sixty five per cent of Czechs support President Vaclav Klaus’ crusade against the Lisbon Treaty. Three quarters think that Klaus should not resign, if he does not sign the treaty.


***


Professionalism or propaganda?


First, we notice a difference of almost 20 percentage points between the SANEP and the STEM polls, even if both seem to underline the public understanding for President Vaclav Klaus to end his obstruction and to stop harming his country.

But these differences pale into insignificance, when confronted with the Median poll, which reads like a ringing endorsement of President Klaus’ action (and which unsurprisingly has been trumpeted by some anti-EU campaigners).

The huge discrepancies cast a doubt on the professionalism and work ethics of Czech pollsters. Are they more than paid agents in propaganda wars?

Can anyone ─ including the agencies in question ─ offer plausible explanations?



Ralf Grahn

EU Lisbon Treaty: Honourable men

I come to bury Lisbon, not to praise him.
The evil that men do lives after them;
The good is oft interred with their bones;
So let it be with Lisbon. The noble Vaclav
Hath told you Lisbon was ambitious:
If it were so, it was a grievous fault;
And grievously hath Lisbon answer’d it.
Here, under leave of Vaclav and the rest, -
For Vaclav is an honourable man;
So are they all, all honourable men, -
Come I to speak in Lisbon’s funeral.
He was my friend, faithful and just to me:
But Vaclav says he was ambitious;
and Vaclav is an honourable man.


***

Honourable men

Knowing that 27 member states have agreed and 27 national parliaments have approved the Treaty of Lisbon, as honourable men, David Cameron and William Hague would never rest their EU policy on sabotage against parliamentary authority by Czech president Vaclav Klaus, surely?


Knowing that national governments and national parliaments want the Lisbon Treaty, and that they make the most important decisions in the European Union, as an honourable man, David Hannan would never misrepresent them as Eurocrats, surely?


***

Sober analysis



Eurostein on Adjudicating Europe adds a sober reminder to the actors involved in the Lisbon Treaty ratification difficulties:

“Being too lenient on this kind of unilateral statist exceptionalism, which lacks any principled argumentative foundation, could bring about an avalanche of similar actions in the future.”



According to Czech Happenings, former President Vaclav Havel has said that Klaus with his attitude harmed the country, his arguments were anachronistic and unconvincing.



Ralf Grahn

EU Lisbon Treaty: Czech or European solution?

On this blog, we have expressed some doubts about the robustness of the Czech constitutional system, in plain crisis. In the European Voice, Adam Drda adds his observations on how president Vaclav Klaus is stoking up irrational fears and pulling the Czech political scene apart.


***


Czech Commissioner



According to Czech Happenings, the Parliament has heard the candidates put forward by the political parties to become the Czech member of the EU Commission.

*

With the Commission’s term of office ending 31 October 2009, the Czech constitutional crisis concerns all EU member states. We do not know if every member state will get a Commissioner under the Lisbon Treaty, or if a reduced Commission must be appointed according to the Treaty of Nice.


***


“Unconstitutional behaviour”



Czech News reports on a short demonstration, ended by the police, against the “unconstitutional behaviour” of president Vaclav Klaus.

Jiri Priban, an expert in EU law, is quoted as saying that Klaus obviously exceeds his competences.


***


Klaus portrait



In The Guardian, Europe editor Ian Traynor paints a portrait of president Vaclav Klaus, on a quest to stop Europe in its tracks.


***


Spurious claims



Andrew Duff MEP, in an op-ed piece in The Financial Times, discusses the substance of the fears Klaus has expressed about the EU Charter of Fundamental Rights: spurious.


***


Irish Commissioner



The Irish Times notes the uncertainty caused by president Klaus’ posturing, but encourages the government to nominate a strong Irish figure for the EU Commission.


***


Posturing Klaus



The FT Brussels blog 14 October 2009 linked to an editorial, which picked Klaus’ posturing apart in no uncertain terms.


***


Trying times



These are trying times for Czech intellectuals, who see beyond the borders of their country. The Between Brussels and Gazprom blog offers two insights into the dilemma: “Vaclav and Goliath” and “Czechs are not Klaus”.


***


Moscow nights



The 15 October 2009 press survey of Czech Happenings highlights president Klaus enjoying his visit to Moscow, one of the few capitals where he is welcome.


***


Two fateful weeks


Czech Prime Minister Jan Fischer has a tough job, ahead of the European Council on 29 to 30 October 2009. In two weeks the Czech constitutional system should be able to put its house in order.


If the Czech Republic fails, it forces the member states of the European Union to take responsibility for the European project, with the remaining forces.



Ralf Grahn

EU Lisbon Treaty: Clear summary of Czech problem

“Klaus keeps EU guessing on future of Lisbon Treaty – Prague is keeping the rest of the EU waiting”, is a clear EUobserver summary of an unclear situation, written by Honor Mahony.


Recommended reading for all Czech and EU citizens, with matters fast approaching crunch.



Ralf Grahn

Czech refusal and new complaint over EU Lisbon Treaty

I will not sign Lisbon Treaty, says Czech president Vaclav Klaus, according to Times Online.


***

Extended legal challenge



Jiri Oberfalzer and 16 other Czech senators, defeated in the democratic arena and already partially in the Czech Constitutional Court, intend to extend their request. The precise comments will be revealed only after the new challenge has been deposited, reports Czech Happenings.

***

If further proof was needed, Vaclav Klaus has sent the Czech government and the EU member states on a wild goose chase.

Klaus is getting support from his henchmen.

***

The Czech constitutional crisis is a fact, even if the government has last spoken about efforts to find a solution.

The European Union is in an institutional crisis, which exposes the weaknesses of its structures.

Two political entities are blackmailed because of their inadequate structures.

***

How long are the Czech Republic and the European Union going to accept the role of victims in this comedy?

When do they start putting robust structures into place?



Ralf Grahn