Identifier
Created
Classification
Origin
09PRAGUE605
2009-10-14 11:26:00
CONFIDENTIAL
Embassy Prague
Cable title:  

CZECHING RATIFICATION OF LISBON TREATY?

Tags:  PREL PGOV EZ EUN 
pdf how-to read a cable
VZCZCXRO9662
RR RUEHDBU RUEHFL RUEHKW RUEHLA RUEHNP RUEHROV RUEHSL RUEHSR
DE RUEHPG #0605/01 2871126
ZNY CCCCC ZZH
R 141126Z OCT 09
FM AMEMBASSY PRAGUE
TO RUEHC/SECSTATE WASHDC 1823
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE
C O N F I D E N T I A L SECTION 01 OF 03 PRAGUE 000605 

SIPDIS

E.O. 12958: DECL: 10/13/2014
TAGS: PREL PGOV EZ EUN
SUBJECT: CZECHING RATIFICATION OF LISBON TREATY?

REF: A. 10.7.09 PRAGUE DAILY

B. CARNIE-QUANRUD E-MAIL DATED 10.1.09

C. 9.30.09 PRAGUE DAILY

Classified By: Acting DCM John Law for reasons 1.4 (b) and (d).

C O N F I D E N T I A L SECTION 01 OF 03 PRAGUE 000605

SIPDIS

E.O. 12958: DECL: 10/13/2014
TAGS: PREL PGOV EZ EUN
SUBJECT: CZECHING RATIFICATION OF LISBON TREATY?

REF: A. 10.7.09 PRAGUE DAILY

B. CARNIE-QUANRUD E-MAIL DATED 10.1.09

C. 9.30.09 PRAGUE DAILY

Classified By: Acting DCM John Law for reasons 1.4 (b) and (d).


1. (SBU) Summary: With the ratification of the Lisbon Treaty
in Poland on October 10, European eyes now have turned to the
Czech Republic - the last country remaining to ratify. While
the treaty has been approved by both chambers of Czech
Parliament, it is now before the Czech Constitutional Court
and will then pass to President Klaus to sign. Klaus, who is
no stranger to controversy, has angered many European
officials with his latest comments on October 8 about adding
a "footnote" to the treaty. Klaus has not, however, said
whether this is his one and only caveat, or indeed whether,
or when, he will sign the treaty. Domestic and EU pressure
continues to mount on Klaus as well as the interim government
of Jan Fischer. End Summary.

--------------
When Klaus Speaks...
--------------

2. (U) Since a group of Czech Senators submitted their
petition challenging the Lisbon Treaty to the Constitutional
Court on September 29, the typically voluble President Klaus
had remained relatively silent - until October 8 and 9, that
is. Up until this point, Klaus had only made one telling
comment picked up in the British Daily Telegraph on October
5, fueling speculation that Klaus would sign the treaty,
perhaps by the spring. Klaus was quoted as stating, "I am
afraid that the British people should have been doing
something really much earlier and not just now..." (Note:
British Conservative David Cameron reportedly wrote to Klaus
in September asking Klaus to delay signing the treaty until
British elections, thus allowing Cameron, if elected, to call
for a British referendum on the treaty. End Note.)

--------------
Klaus Clarifies Call for a Clause
--------------

3. (U) On October 8, Klaus spoke to Swedish Prime Minister
Reinfeldt. Immediately following the call, which Reinfeldt
told the press he had been trying to make since October 2,
Reinfeldt indicated that Klaus wished to add a footnote to
the treaty with a reference to the EU's Charter of
Fundamental Rights. This, of course, set off a furor of

comments from officials in other EU member states. On October
9, Klaus held a press conference to address some of these
issues, noting that Reinfeldt had disclosed contents of their
conversation that they had agreed were to be confidential.


4. (U) Klaus wryly noted that it was not his intention to
speed up the ratification process since the Czech
Constitutional Court is reviewing the treaty. He also stated
that it was his belief that the treaty constitutes a
fundamental change for the Czech Republic and a step in the
wrong direction. He also cited the possibility that it would
make it possible for Sudeten Germans to bypass Czech courts
and raise property claims before the Court of Justice of the
EU, even possibly reexamining decisions of Czech courts that
are legally binding. (Note: Neither the Czech government nor
Czech legal experts share Klaus's apprehensions. End Note.)

--------------
European Eyes on the Czech Republic
--------------

5. (SBU) The Czechs (especially Czech government officials)
are well aware that the eyes of the rest of Europe are upon
them. It is also clear that many EU officials and other
member states are extremely unhappy that while the Czech
government supports the treaty and parliament has approved it
- without requesting any "opt outs" - they now find
themselves in the hands of the Czech Constitutional Court and
Euroskeptic President Klaus. Swedish PM Reinfeldt reportedly
told Klaus that this request "is very late in the process,"
and "the wrong message at the wrong time." French FM
Kouchner was even more blunt on October 8 when he stated, "We
are not going to change the Lisbon Treaty, it has been
approved by the Czech Parliament and by the Czech Senate in
the precise terms in which everybody has accepted it... I
have no doubt that President Klaus is going to invent many
more difficulties, but I think that the Czech people accept
that their representatives having voted, having said yes each
time to this treaty precisely without changing one word, will
influence him enough for it to finally be done." As well,
European Commission President Barroso told Czech PM Fischer
on October 13 that "We expect the Czech Republic to honor the
commitment it has taken. It is in the interests of nobody,
least of all the interests of the Czech Republic, to delay
matters further."

--------------

PRAGUE 00000605 002 OF 003


All Czech Officials But Klaus, Attempt to Allay Fears
--------------

6. (SBU) Several Czech Ministers and even PM Fischer have
tried to allay the fears of other EU leaders by offering
assurances that the Czech government supports ratification of
the treaty, once the court renders its decision. Senator
Oberfalzer, one of the Czech Senators who submitted the
September 29 petition and who shares many of Klaus's
reservations about the expansion of the EU, anticipates that
Klaus will sign the treaty. Oberfalzer believes the
pressure, both from Czech politicians as well as EU leaders,
will quickly become too great for Klaus to oppose. (Note: If
Klaus refuses to sign, the Czech Parliament lacks the power
to compel the Czech President to sign a treaty or to override
his decision not to. Under the Czech Constitution, the only
way the President could be removed from office is if he was
prosecuted for high treason before the Constitutional Court
on the basis of an indictment by the Senate. End Note.)

--------------
Senator Oberfalzer - No Plans to Attempt Another Challenge;
His Perspective on Court
--------------

7. (SBU) Senator Oberfalzer told emboffs on October 8 that he
anticipates the Constitutional Court will rule that the
Lisbon Treaty is in keeping with the Czech Constitution. He
also believes the court will make an announcement soon.
(Note: He referenced late October or early November although
he did not comment on why he believes this. End Note.)
While Czech press has speculated that these Senators might
initiate another petition in order to continue to delay
ratification of the treaty, Senator Oberfalzer indicated that
there were no further steps being planned by the Czech
Senators. If the court rules that the treaty is in keeping
with the Czech Constitution, the treaty would return back to
President Klaus for his signature as both houses of the Czech
parliament passed the Lisbon Treaty in May 2009.

--------------
Czech EU Commissioner?
--------------

8. (SBU) With those Czech officials who care about the Czech
role within the EU, there is some nervousness about the fate
of the future "Czech" EU Commissioner and what portfolio this
commissioner may be assigned. According to reports following
the September 29 meeting between Commission President Barroso
and former Czech PM Topolanek, the Czechs were warned that if
the Lisbon Treaty is not ratified because of President
Klaus,s refusal to sign the treaty, the commission would be
reduced in size (according to the current Treaty of Nice
provisions) and the member state to lose a commissioner would
likely be the Czechs.


9. (SBU) The Czech Republic has done little to lobby for a
particular Commission portfolio, as they have yet to ratify
the treaty, nor have they settled on a candidate to propose.
The Social Democrats (CSSD) have endorsed current
Commissioner Vladimir Spidla, while the Civic Democrats (ODS)
have not endorsed a candidate, although former Deputy Prime
Minister Alexandr Vondra and former Prime Minister Mirek
Topolanek,s names are frequently mentioned. The smaller
parties of KDU and the Greens have endorsed Pavel Svoboda and
former Presidential Candidate Jan Svejnar respectively.
Reflecting on the current state of Czech domestic politics,
ODS Senator Oberfalzer told Emboffs that he anticipates the
Czechs will settle on a Social Democrat. The ODS
international secretary told emboff not to be surprised,
however, if the Czech nominee is a dark horse, as the
candidate will need to be acceptable to both CSSD leader Jiri
Paroubek and ODS leader Mirek Topolanek.

--------------
Background: State of Play at Czech Constitutional Court
--------------

10. (SBU) The Czech Constitutional Court eliminated one
hurdle to Lisbon Treaty ratification in the Czech Republic on
October 6 by dismissing a "procedural" petition from August
2009, deciding this was a legislative matter that did not
meet the bar of a constitutional challenge (Ref A). Czech PM
Jan Fischer and Czech Minister for EU Affairs Stefan Fule
both welcomed the court's decision, noting that it "is an
important step toward the completion of the ratification
process in the Czech Republic."


11. (SBU) There has been no decision on the petition
submitted on September 29, which raises broad issues such as
sovereignty and supra-national powers. On October 13 the
court announced that there will be a public hearing on this
matter October 27; it did not state when it will render a
decision will be rendered. The Constitutional Court decided
on a petition last year that the most controversial aspects
of the Lisbon Treaty are not in conflict with the Czech
Constitution (and political analysts anticipate that the

PRAGUE 00000605 003 OF 003


court is likely to uphold its earlier ruling). As well, the
German DCM told Charge Thompson-Jones that Constitutional
Court Chairman Pavel Rychetsky told German Ambassador Haindl
in mid-September that in anticipation of a court challenge
from Czech Senators, the court had already produced draft
opinions on all conceivable constitutional issues related to
Lisbon, and would be able to produce a ruling on short
notice, if needed.

--------------
Where's the USG Interest?
--------------

12. (C) Comment: Czech relations with the EU have become
strained over the last half year, since the March 2009 fall
of the Topolanek government in the middle of the Czech EU
Presidency. With the fall of the Topolanek government, the
Czechs lost credibility with EU partners, who questioned
whether the Czechs took seriously their responsibility for
leading the EU Presidency. This loss of credibility within
the EU matters. The Czech Republic often views issues in a
similar vein to the U.S. and in the past it has often
willingly pressed for EU consensus positions which closely
track with USG views. Second, the Lisbon treaty, which
outlines reforms on how the EU does business, including
engagement with third countries, cannot take effect until it
is fully ratified by all EU members. While engaging the EU
has always been a bit of a challenge, a few of the reforms
could, theoretically, simplify U.S.-EU engagement. The Czech
"troublemakers" continue to face strong criticism from many
EU partners for holding up this process. End Comment.
Thompson-Jones