Lisbon Treaty and Czech Constitutional Court

The Czech Constitutional Court handed down its judgment of November 26th 2008 on whether ratification of the Lisbon Treaty was compatible with the Czech Constitution.

The Constitutional Court held that Articles 2 § 1 (before renumbering, Article 2a § 1), 4 § 2 (before renumbering, 2c), 352 § 1 (before renumbering, 308 § 1), 83 (before renumbering, 69b § 1) and 216 (before renumbering, 188l) of the Treaty on the Functioning of the European Union and Articles 2 (before renumbering, Article 1a), 7 and 48 §§ 6 and 7 of the Treaty on European Union, as amended by the Treaty of Lisbon, and the Charter of Fundamental Rights of the European Union are not inconsistent with the constitutional order of the Czech Republic.

The Constitutional Court stated that there would be a breach of the Czech Constitution if, on the basis of a transfer of powers, an international organization could continue to change its powers at will, and independently of its members, i.e. if a constitutional competence (competence competence) were transferred to it. But, the Court held, the Treaty of Lisbon does not have such consequences in relation to the EU, and and consequently it is consistent with the constitutional order of the Czech Republic.

Comments

[Willy Humbold]

See also Free Europe Constitution at www.FreeEurope.info - where you can find the address of Vaclac Klaus to the Constitutional Court.