Wednesday, November 26, 2008

Czech Constitutional Court decision Political - Klaus!

The unofficial translation (link) on the comments on the Constitutional Court's verdict on the Lisbon Treaty by President Klaus is as follows:

1) The decision of the Constitutional Court is - as we could see and hear - extensive, and therefore it must only be studied. It is, however, evident that it was written long ago before yesterday´s (Tuesday´s - ed.) proceedings.

2) Yet, it is evident from the speech by judge rapporteur (Vojen) Guettler that the Constitutional Court moved the deliberations on the consistence of the Lisbon Treaty with the Constitution of the Czech Republic - to my great surprise - from the legal to the political level. To interpret "integration and globalisation" in a lay and entirely subjective (and on top of it conceptually wrong) way and to speak about "integrating European civilisation" or about "Euro conform interpretation" of various legal norms is in the context of the task that the Constitutional Court had almost unbelievable. This opens the path to a serious political debate in the following period.

3) I must say with regret that the Constitutional Court has not duly reacted to my legal arguments in the justification of its decision. I expect a group of deputies or senators to again come up with these arguments. But I mainly expect that it will submit further arguments, not only mine ones and not only the senators´ original ones.

4) It was very positive that the Constitutional Court´s proceedings were public and that a public discussion on the theme was actually started in this form in this country. I call on the government to start a serious discussion with the public on the theme before it starts to be discussed in the two houses of parliament.

5) In any case the moment of a huge responsibility of those who will be playing the decisive role in the further stages of the process of ratification has come. They must shoulder the brunt of decision-making with regard for the past as well the future and cope with it.

Radim Ochvat

Press department director

Prague, November 26, 2008

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