ISSUE 33 OCTOBER 2009 IN THIS ISSUE: News NEWS IN BRIEF Heads of Government Council Future of Treaty of Lisbon Caretaker Commission Heads of Government Council The Next Commission Heads of Government will meet in Brussels, Treaty of Lisbon: new roles 29 – 30 October 2009. The agenda will Stockholm Programme focus on the Treaty of Lisbon and Other News implications for the institutions, climate change and the financial crisis. Upcoming meetings & events Future of the Treaty of Lisbon Following events in Ireland and Poland, the Contact details Czech Republic remains the only member state yet to ratify. The Euro-sceptic President Václav Klaus has indicated that he cannot sign the document until the Czech Treaty of Lisbon: new roles Constitutional Court has addressed all The Treaty of Lisbon will introduce two new outstanding issues. In addition, he roles; a permanent President of the introduced a new demand; a guarantee that European Council and a High Czech property rights will be protected. Representative for Foreign Affairs and Security Policy. The criteria for selection Caretaker Commission and the potential Candidates are In light of the Czech situation, options are considered in Appendix II. being explored to extend the mandate of the current Commission, and to mandate a new Stockholm Programme Commission under the Treaty of Nice. The Swedish Presidency of the Council has published its proposals in the field of The next Commission Freedom, Security & Justice, to be known The new College is expected to take office in as the ‘Stockholm Programme’ (16 January 2009. The likely candidate October 2009). The list of priorities is Commissioners are presented in Appendix I. considered in Appendix III. BRUSSELS BULLETIN 2 EU HEADS OF GOVERNMENT had decided that each Member State COUNCIL should have its own Commissioner, and Proposal the Council Secretariat was currently N/A ensuring that the decision was legally legitimate. Current status The Heads of Government summit will Climate Change take place in Brussels 29 – 30 October Malmström stated that climate change 2009. would be the main issue at the European Council and she reported that the What’s happening? ECOFIN meeting of 20 October 2009 The Swedish Minister for European had included a long discussion on a Affairs Cecilia Malmström outlined the financing package but with no agenda for the upcoming Heads of resolution, necessitating a further Government summit during a plenary discussion at the summit. She also session in the European Parliament (21 noted that the Environment Council (22 October 2009). The Minister said that October 2009) had agreed a further the agenda will focus on the future of reduction in emissions for airplanes the Treaty of Lisbon and the necessary (10%) and sea transport (20%) and insititutional changes, climate change recognised the importance of the and the financial crisis. inclusion of measures to reduce deforestation within a Copenhagen Treaty of Lisbon (see below for full agreement. discussion) Malmström stated that only the Czech Financial crisis Republic had yet to ratify the Treaty, Malmström noted that progress had and that discussions in the Council would been made in setting up the body very much depend upon the situation in responsible for the supervision of the Czech Republic. financial markets (including three She stated that the Council will outline committees with responsibility for banks, the actions necessary to prepare for the securities and insurance respectively), entry into force of the Treaty of Lisbon. and a legislative proposal had been put A report on the situation would be forward by the Commission at the end of produced by the Presidency to describe September 2009. She stated that she the status of preparations. This report hoped agreement could be secured on will include a survey of Member States’ this issue by the end of 2009. views on the 'European External Action Service' (EEAS), its funding, legal status, FUTURE OF THE TREATY OF LISBON staffing, etc. A proposal on how the Proposal EEAS would function could then emerge The Lisbon (Reform) Treaty as soon as the Treaty enters into force, to be adopted by Council in the coming Current status months. Twenty-six of the twenty-seven member states have now ratified the Treaty of The Council would also look at how best Lisbon. The only obstacle to full to appoint the new Commission. ratification is the signature of the Czech Malmström confirmed that the Council President. BRUSSELS BULLETIN 3 What’s happening? Fredrik Reinfeldt spoke with President Some 67% of Irish voters supported the Klaus in an attempt to expedite the Treaty of Lisbon in the second process (7 October 2009). However, referendum on the Treaty staged by the the attempts failed when President Klaus country, paving the way for ratification announced that in addition to the (2 October 2009). Following this endorsement of the Constitutional Court endorsement, President Lech Kaczyński he would require a guarantee appended of Poland, representing one of the two to the Treaty to prevent the potential remaining EU member states not to have risk of ‘property’ claims by Germans ratified, signed the Treaty in a ceremony expelled from Czechoslovakia after in Warsaw (10 October 2009). World War Two (which form part of the Czech legal system known as the Beneš The moves in Ireland and Poland leave Decrees). The President of the Czech the Czech Republic the only EU member Republic has subsequently let it be state not to have ratified the document. known that such a feat could only Both houses of the Czech Parliament seriously be achieved by opting out of have endorsed the Treaty. However the Charter of Fundamental Rights (opt ratification of the Treaty must await the outs similar to those previously secured signature of the Czech President Václav by the UK and Poland). Klaus. The demand for additional A group of Euro-sceptic senators, close guarantees/opt outs at this stage has to President Klaus, laid two motions caused consternation in Brussels. before the constitutional Court of the Diplomats have stated that it is Czech Republic, questioning both the technically feasible for the Czech process whereby the chambers of the Government (not President Klaus) to ask Czech Parliament endorsed the Treaty, the EU’s 26 leaders to approve a and whether the Treaty is in conformity ‘political declaration’ which could be with Czech law. These motions have attached to the Treaty (which could provided President Klaus with a rationale happen at the upcoming summit, 29 – to delay signing the Treaty, with the 30 October 2009. (Such a declaration President declaring that the would avoid any possibility of re-opening constitutional process must be negotiations on the text of the Treaty completed before he can act. itself). However, the prospect of The first motion, asserting that the offering an opt-out on the Charter of process of endorsement of the Treaty in Fundamental Rights is less likely. the two chambers of the Parliament was Although the Czech Government not in conformity with Czech law was opposes the actions of President Klaus dismissed by the Court on 6 October and believes his fears to have no 2009. The first hearing on the second validity, the Czech Prime Minister Jan challenge is expected on 27 October Fischer has stated that an ad-hoc group 2009. will work ‘very hard’ on a text that would Such moves have resulted in much formalise any additional conditions. frustration in Brussels. In an endeavour Swedish Prime Minister Reinfeldt stated to apply pressure to the Czech that President Klaus informed him that President, the Swedish Prime Minister he, ‘must await the Constitutional Court BRUSSELS BULLETIN 4 process first, then he will clarify [the the uncertainties introduced by the wording of any required Czech issues, the Heads of Government guarantees/conditions]’. However, aide summit (29 – 30 October 2009) is to the President Ladislav Jakl stated expected to extend the term of the that, ‘The president will not be satisfied current Commission. Although the by any declaration, but only guarantees length of the extension remains unclear, for every citizen. For him, this condition it is likely to be extended until at least is fundamental, necessary, January 2010. It is also widely accepted unbreachable.’ that extending the mandate of the Commission could only be a temporary (A further development, following the solution. Czech Presidents suggestion of securing an opt out from the Charter of One option being explored in Brussels is Fundamental Rights, was voiced by the to opt for a Commission under the Slovak Prime Minister Robert Fico who Treaty of Nice (which stipulates that stated that, ‘Slovakia, like the Czech there must be fewer Commissioners Republic, is the successor of than there are member states). The Czechoslovakia, and the Beneš Decrees formula currently being discussed is are part of our legal system. The Treaty termed ‘26 + 1’, where 26 member of Lisbon cannot be allowed to give states would have commissioners while different legal certainties to two Javier Solana of Spain remains EU High successor states in respect of the Representative for Common Foreign & Decrees’ (18 October 2009). Security Policy. Talk of depriving the Consequently Slovakia might Czech Republic of a Commissioner is (reluctantly) follow the Czechs in their impossible, since the incoming College of demand of an opt-out from the Treaty of Commissioners requires the unanimous Lisbon’s Charter of Fundamental Rights). endorsement of the Council. The matter will be discussed at the upcoming Heads of Government summit in Brussels (29 – 30 October 2009). THE NEXT COMMISSION Proposal N/A CARETAKER COMMISSION Proposal Current status N/A Although there remains considerable uncertainty regarding the date when the Current status next Commission will take office, there is already significant speculation about the The uncertainties introduced by the Czech situation will necessitate revision composition of the new College.