European Union | 10.10.2009

Czech president demands more changes to Lisbon Treaty

Großansicht des Bildes mit der Bildunterschrift: The Czech Republic is now the only country that hasn't ratified the Lisbon treaty

Czech President Vaclav Klaus has thrown another wrench into the Lisbon Treaty ratification process, this time seeking an exemption to prevent Germans expelled during World War II from using it to reclaim property.

Klaus wants the Czech Republic to be exempt from the Charter of Fundamental Rights, which he believes would expose the country to restitution claims from ethnic Germans expelled from what was then Czechoslovakia in the aftermath of the war. He argues that the charter would let claimants circumvent national courts and take their case to the European Court of Justice.

This is Klaus' latest objection, but not his first. A staunch euroskeptic, he opposes the treaty as a matter of principle, believing it yields too much sovereignty to the international bloc. Earlier in the week, he had said he could not sign the treaty until the Czech courts reviewed its constitutionality.

Poland and Britain have secured exemptions

And the Czech Republic would not be the first EU country to seek such an exemption. Poland, whose president Lech Kaczynski signed the treaty on Saturday, negotiated an opt-out for such property claims and secured guarantees that the charter would not force them to allow gay marriage. Britain was assured that the treaty would not supercede their national judicial system.

Bildunterschrift: Großansicht des Bildes mit der Bildunterschrift: Some 3 million ethnic Germans were forced to leave the former Czechoslovakia after the war

"Before ratification, the Czech Republic must, additionally at least, negotiate a similar exemption," said Klaus. "I believe that this exemption can be resolved quickly."

But because all the other EU countries have ratified the treaty, winning such an exemption for the Czech Republic would theoretically require its renegotiation. That duty would fall on the shoulders of the Czech government, led by Prime Minister Jan Fischer.

Fischer said previous reviews of the treaty judged that claims like those feared by Klaus would be unlikely. But he said his interim cabinet would nonetheless discuss the issue Monday and that he still hoped the treaty could be ratified before the year's end.

Renegotiation could be avoided if EU leaders pass an official declaration that would not be part of the treaty. French Foreign Minister Bernard Kouchner has outright rejected the idea of a change to the treaty itself.

Intentional delays?

Some are worried that Klaus' objections are merely stalling tactics, meant to allow British conservative leader David Cameron to hold a promised referendum if his party wins an expected general election next year.

"If I were the EU member states, I wouldn't really be minded to give Klaus what he wants. He has expressed nothing but hostility towards this thing and he suddenly says he'll do it 'if,'" Center for European Policy Studies researcher Hugo Brady told Reuters.

svs/Reuters/AFP
Editor: Andreas Illmer