Austrian Parliament ratifies EU Constitution

UNCLAS VIENNA 001561

SIPDIS

SENSITIVE

STATE FOR EUR/ERA AND EUR/AGS

E.O. 12958: N/A
TAGS: PREL PGOV AU EUN
SUBJECT: Austrian Parliament ratifies EU Constitution


THIS MESSAGE IS SENSITIVE BUT UNCLASSIFIED.


1. (U) On May 11, the Austrian parliament voted to
ratify the EU Constitution. Only one MP, Barbara
Rosenkranz (Freedom Party),voted "no." In the debate
that preceded the vote, government representatives
stressed that the EU Constitution would bring the member
states together to shape a social, peaceful and
economically efficient Europe. Opposition Social
Democrats and Greens also spoke in favor of the
constitution, but criticized the government for failing
to educate the public sufficiently about the EU
Constitution, and for not pushing hard enough for an EU-
wide referendum on the new constitution.


2. (SBU) Just before the vote, Joerg Haider, Carinthian
Governor and head of the Future Alliance Austria (BZO,
the junior partner in the federal coalition),called for
an Austrian referendum on the EU Constitution. Haider,
joined by the mass-circulation daily "Kronenzeitung" and
a few constitutional law experts, argued that adoption of
the Constitutional Treaty would amount to a fundamental
change in Austria's constitutional system, and therefore
necessitated a referendum. Haider's reasoning was a bit
tortuous. He explained that BZO MPs would vote to
ratify, but he would then try to sue to force a
referendum. Neither the state government of Carinthia
nor the incumbent BZO ministers supported his position,
however, so that his initiative appears still-born.


3. (SBU) Chancellor Schuessel rejected Haider's call,
pointing out with its 1995 EU accession Austria had
already recognized the precedence of EU over Austrian
law, making a national referendum unnecessary. Legal
challenges via the Constitutional Court are still
possible, but given the history of previous court
rulings, have little chance of success. Pro-forma
confirmation by Parliament's upper house, consisting of
representatives of the states, is a foregone conclusion.
That last step may take place on May 25.

BROWN