Tag: Vaclav Klaus

The distance separating Britain’s perceptions of the European Union from those of its Continental partners is so vast that the English Channel might as well be the Pacific Ocean.  This was my first thought when I read not just David Cameron’s speech on what steps a future Conservative government would take to limit EU involvement in British affairs, but also the way the speech was reported and the reactions on each side of the Channel.

The Financial Times story, for instance, said Cameron’s speech set out “a very limited programme for European reform” – an interpretation which would raise howls of laughter across much of Europe, where the Conservative leader’s proposals are not viewed as “very limited” and are most definitely not seen as an effort at “reform”.

The view in Conservative circles seems to be that the rest of Europe should thank Cameron for not backing calls from his party’s anti-European fundamentalist elements for a referendum on the EU’s Lisbon treaty (which will be in force if and when the Tories take office), and for swearing that he is not itching for a “Euro-bust-up” if he becomes prime minister.  All this, we are asked to believe, amounts to level-headed, practical statesmanship in the grand Tory tradition.

In mainland Europe it is seen as nothing of the sort.  Elmar Brok, the German Christian Democrat and foreign affairs expert, pointed out that the changes Cameron wants to the UK’s status in the EU could not just be granted with the wave of a wand.  All other 26 member-states would have to agree, and if there were the slightest risk that this might mean reopening the Lisbon treaty, the reaction in France, Germany and many other countries would be negative in the extreme.  But even if it didn’t mean that, the general view would be that the Tories were dragging the EU back into institutional arguments that have inflicted tremendous damage over the past decade on the bloc’s reputation, self-confidence and ability to focus on the policy issues that matter.

Part of the problem arises, of course, from the ease with which Czech President Vaclav Klaus got his exemption from the Lisbon treaty’s Charter of Fundamental Rights.  Less than a month after he made his demand, putting forward the ridiculous argument that Czech property owners would otherwise be under threat from revanchist Sudeten Germans, the other EU leaders rolled over and gave him everything he asked for.  No wonder Cameron and company think they can extract concessions from the rest of Europe.

Ireland, too, negotiated an elaborate text defining specific, untouchable areas of national sovereignty between its two referendums on the Lisbon treaty.  “Why not us?” think the Tories.

In the end, the Tories may get much of they want – but there will be one potential “nuclear option” at play in the future that has been absent during previous such European dramas.  This is the Lisbon treaty’s “exit clause”, under which a country can negotiate its withdrawal from the EU for good.  Let’s be clear: a country cannot be kicked out, and the EU’s emphasis on consensus and its family atmospherics make this a rather unlikely outcome.

But if Cameron – or, more likely, William Hague, his Rottweiler foreign secretary – causes the relationship to deteriorate too much, then it is certain that calls will mount in mainland Europe for the UK’s departure from the EU.  And, of course, there will be many in the Tory party – and the UK Independence party and elsewhere – who will say, “You know what? Why not?”

As the fuss continues about whether or not Vaclav Klaus, the Czech president, will sign the European Union’s Lisbon treaty, I’d like to draw everyone’s attention to a detail that appears to have been generally overlooked.  It concerns Klaus’s demand for a special protocol or legally binding exemption from the treaty’s Charter of Fundamental Rights, which, he says, is necessary to prevent a flood of claims on Czech property from the descendants of the roughly 3m Sudeten Germans expelled from the former Czechoslovakia after the second world war.

Leaving aside Klaus’s dubious assertion that the Charter could be exploited as the basis for such claims, the fact is that the Lisbon treaty already contains a special declaration by the Czech Republic on the Charter.  It is buried near the end of the treaty’s official text in a part called Final Act of the Intergovernmental Conference, Section C: Declarations by Member-States.  The Czech declaration, which is labelled No. 53, sets out the Czech position that “the Charter does not extend the field of application of [European] Union law] and does not establish any new power for the Union”.

It also underlines that “insofar as the Charter recognises fundamental rights and principles as they result from constitutional traditions common to the member-states, those rights and principles are to be interpreted in harmony with those traditions”.

In short, the Lisbon treaty already ring-fences Czech sovereignty insofar as it relates to the application of the Charter of Fundamental Rights.

Moreover, as Alexander Vondra, the former Czech EU affairs minister, has pointed out, other EU governments have already agreed with the Czechs that new EU laws cannot be applied retrospectively to back up property claims.

All of which Klaus undoubtedly knows.  What is my conclusion?  That Klaus’s alarmism about Czech vulnerability to German property claims is a legalistic ruse, a political manoeuvre, and not a serious legal point at all.

What is his real aim?  Ideally, he would like to torpedo the Lisbon treaty.  But he knows this will be all but impossible, if the Czech constitutional court gives a positive ruling on the treaty in the next couple of weeks.  So his fallback position is to extract a declaration from other EU leaders giving a superfluous guarantee for the Czech Republic.

Then he can hold aloft this declaration in front of his countrymen, and - hey presto! - to borrow a phrase, it will be “peace in our time”.

It was inevitable, I think, that Czech President Vaclav Klaus would take his last stand against the European Union’s Lisbon treaty on the Sudeten German issue.  This has been one of the most highly charged themes of Czech politics since the former Czechoslovakia threw off communism in 1989.  By raising it, Klaus aims to break out of the extreme political isolation into which his hostility to Lisbon has pushed him on both the Czech and the wider European stage.  But it is a step that smacks of desperation as much as of calculation.

The Sudeten German question touches a genuinely raw nerve among some Czechs.  It relates to the several million ethnic Germans expelled from Czechoslovakia at the end of the second world war at the behest of the Prague authorities, who were convinced – with good reason - that large numbers of the German minority had served as a Nazi fifth column.  Some Czech politicians have proved willing to play on the fears of ordinary Czechs that descendants of the Sudeten Germans may one day succeed, through legal action, in reclaiming the property of which their forebears were stripped.

Klaus says he wants a clause attached to the Lisbon treaty guaranteeing that the European Court of Justice will never invalidate the so-called Benes decrees, the act under which the Sudeten Germans – as well as a smaller number of ethnic Hungarians - were expelled from their homes.  “The last Czech government did not pay enough attention to this question, so vitally important for the Czech Republic,” he said last Friday.

It is undeniable that property issues remain sensitive in the EU.  Denmark, with one eye on its German neighbours to the south, restricts foreign ownership of holiday homes.  Poland, like the Czech Republic, frets about potential property claims from ethnic Germans expelled from territories that Poland was awarded in 1945, in compensation for land lost to the Soviet Union.

But the sensitivities are most acute in the Czech Republic, perhaps because it is a smaller country than Poland.  The claims for restitution are loudest in parts of Germany and Austria close to the Czech borders.  In both countries, important political parties are sympathetic to the expellees’ campaigns – Bavaria’s Christian Social Union and the Austrian Freedom Party.  The Austrian party’s late leader, Jörg Haider, used to provoke the Czechs by likening the treatment of the Sudeten Germans to the Nazi extermination of Europe’s Jews.

Some Czechs may feel Klaus is justified in demanding his guarantee.  But others will see it as a last throw of the dice to disrupt ratification of Lisbon.  After all, every single government and parliament in the 27-nation EU has now approved the charter.  There must be at least a sneaking suspicion that, if upholding the legality of the Benes decrees at European level is a matter of such existential importance to his nation, Klaus left it remarkably late in the day to bring it up.

With Czech President Vaclav Klaus the chief remaining obstacle to final ratification of the European Union’s Lisbon treaty, there has been a fair amount of loose talk about how the Czech Republic could – or should – be punished if Klaus refuses to sign it.  On the one hand, supporters of the treaty say it is intolerable that the EU’s eight-year effort at redesigning its institutions should be sabotaged at the finishing post.  If Klaus carries on his delaying tactics much longer, they warn, the Czechs should be denied a seat in the next European Commission.

On the other hand, opponents of the Lisbon treaty are painting the same scenario for quite different reasons.  Just you watch, they say.  The EU will reveal itself as an intolerant, anti-democratic machine, whipping the Czechs merely because they have the temerity to resist the imposition of a treaty they fear undermines their sovereignty.

Most, if not all, of this is not serious.  Some leaders, especially French President Nicolas Sarkozy, are impatient with Klaus.  But EU governments as a whole are not threatening to punish the Czechs.  After all, the Czech parliament has approved the treaty and the Czech government is in favour of it.  Klaus is more and more isolated.

More importantly, the EU is an organisation whose first instinct is to do things by forging a consensus, not by crushing dissent.  Pace Klaus, it is not the Soviet Union reinvented.  The EU’s culture of consensus is both its weakness and, at times like this, its strength.

The EU learnt a sobering lesson in 2000, when Austria formed a coalition government including the far-right Freedom Party of the late Jörg Haider.  The EU’s other 14 member-states punished Austria by downgrading relations and freezing contacts with Austrian ministers.  It seemed a clever idea at the time.  But it ended up producing the opposite effect to that intended, by making a martyr of the Austrian government and by stiffening the patriotic pride of the Austrian people (not just Austrians on the right, either).

Moreover, the EU contains an awful lot of small and medium-sized countries, especially in central and eastern Europe, which suspect that, if ever the Czech Republic were punished for stepping out of line, their turn would come, sooner or later, over some other issue.

One final point.  Many intemperate calls to punish the Czechs have come from the European Parliament.  And it is indeed true that, if Klaus is still holding out when the parliament conducts hearings for the new European Commission, some MEPs may give the Czech nominee a particularly hard grilling.  In extremis, they could even refuse to give the entire Commission the green light because of the Klaus problem.

If they do, someone should remind them that their legislature just got elected on the smallest and most dismal turnout – 43 per cent - of any European Parliament election in history.

The early results look pretty conclusive: Irish voters have approved the European Union’s Lisbon treaty, possibly by a very large margin.  A poll by the opposition Fine Gael party suggests the pro-Lisbon forces may have taken between 60 and 65 per cent of the vote.

That would be a comprehensive turnaround from the 53.4 to 46.6 per cent victory for the No camp in the June 2008 referendum in Ireland.  Voters in Dublin seem to have given overwhelming backing to the treaty, according to RTE, the Irish state broadcaster.

So, if it’s Yes, what happens next?  All eyes will turn to Prague, where the virulently anti-Lisbon head of state, Vaclav Klaus, has so far refused to sign the Lisbon treaty, even though the Czech parliament has ratified it.  Once the Irish result is official, Klaus may well say something along the lines of “That’s all very well, but here in my country 17 senators have just launched a challenge to the treaty in our constitutional court.  I’m not budging until the court has issued its ruling.  Anything else would fly in the face of my presidential duties under the law.”

The truth is that none of us knows what Klaus will do.  But I have a hunch he will eventually sign the treaty – though possibly not until a EU summit scheduled to be held in Brussels on October 29-30.  That is the meeting where EU leaders would like to choose the bloc’s first full-time president and its new head of foreign policy.  Klaus may not want to allow them that pleasure.

Now that José Manuel Barroso is safely re-installed as European Commission president for the next five years, it would be tempting to think that – from an institutional point of view, at least – all is well in Brussels.  Tempting, but wrong.

Once again, it is our old friend the Lisbon treaty that is the problem.  On October 2 Irish voters, who rejected the treaty in a referendum in June 2008, will have the chance to reverse their verdict.  Opinion polls indicate that the Yes camp will win this time.  But there is an unmistakeable air of nervousness at the European Union’s headquarters that the polls may not be a reliable guide to the eventual outcome.

The fundamental problem is Ireland’s economic collapse over the past 12 months, which has plunged the government’s popularity ratings to unprecedented depths.  The public mood is as sour as a pint of stale Guinness.  In this climate, anti-Lisbon campaigners are finding some voters receptive to the argument that, since pro-Lisbon politicians ruined the economy, why should they be trusted when they say the treaty is good for Ireland?

But the Irish referendum is not the only cloud on the EU’s horizon.  For even if Ireland votes Yes, there remain considerable doubts over when Václav Klaus, the Czech president, will append his signature to the Lisbon treaty, allowing it to take force.  Fears are growing in Brussels that Klaus intends to find an excuse to delay signing as long as possible – certainly, until some time in the first half of next year.

The EU will then face its ultimate nightmare – that the Lisbon treaty will not have been ratified by the time that the UK holds its next general election, due by June.  The rampantly anti-Lisbon Conservative party is widely expected to win the election, and Tory leaders have made clear that, if Lisbon is unratified when they take power, they will call a referendum on the treaty.  All the evidence suggests the British would vote No.

If events take this course, it will poison the atmosphere in the EU and make it even harder than it is now to defend all the good things about the 27-nation bloc, such as the single European market and the successful knitting together of western and eastern Europe.  Troubling times, indeed.

Hello, hello, hello, what’s this, then?  Another attempt by Czech President Vaclav Klaus to derail the European Union’s Lisbon treaty?  Surely not!  Let’s take a closer look.  Oh, my God, yes, it’s true.  And how could we ever have doubted it?  Because the thing about Klaus is that if it looks like pork and dumplings, and it smells like pork and dumplings, and it tastes like pork and dumplings, then you can bet your life that it definitely is pork and dumplings.

The Czech Republic’s six-month EU presidency comes to an end on June 30.  This date once looked likely to mark Klaus’s departure from the EU stage.  Instead, it now appears certain that Klaus – who delights in being one of the least liked EU leaders of all time - will press on with his campaign to sabotage the Lisbon treaty.

The story so far: Irish voters rejected the treaty last June, but latest opinion polls indicate that they will reverse their verdict in a second referendum, expected in October.  In order to hold this referendum, however, the Irish government needs legal guarantees of its national sovereignty in the fields of taxation, military neutrality and right-to-life policies.

Ireland will receive these guarantees from its EU partners at the Brussels summit that opens on Thursday.  But the cunning Klaus says that the guarantees amount to new legal arrangements that, under the Czech constitution, will require ratification by the Czech parliament.

Now, the Czech parliament finally ratified the Lisbon treaty last month after an agonising political struggle that contributed to the previous government’s downfall in March.  It would seem crazy for the parliament to go through this painful process a second time.  Sure enough, Jan Fischer, the new Czech prime minister, disputes Klaus’s interpretation of the constitution and says there is no need for parliamentary approval of the Irish guarantees.

But Fischer is a non-party, caretaker premier who won’t be in office a few months from now, because the Czech Republic is to hold a general election.  Klaus, by contrast, will still be up there in Prague Castle – the perfect place for him, if you remember the mysterious castle in Franz Kafka’s novel of the same name. And let us not forget, Klaus still hasn’t completed the Czech Republic’s formal ratification of the Lisbon treaty by adding his presidential signature to parliament’s approval of it in May.

So what is Klaus’s game?  Is he toying with the idea of delaying Czech ratification of the Lisbon treaty for so long that eventually a eurosceptic Tory government comes to power in the UK and holds a British referendum that produces a clear No to the treaty, thereby killing it forever?  It no longer looks like such a wild theory.

It’s election day in Europe, but in certain respects the most important events are taking place outside the voting booths.

According to a RTE/Sunday Independent opinion poll in Ireland, supporters of the European Union’s Lisbon treaty will defeat opponents by a margin of 54 per cent to 28 per cent (with 18 per cent undecided) when the treaty is submitted to a second referendum, probably in October.  Such a thumping victory would not only reverse but for all practical purposes bury the memory of Irish voters’ rejection of the treaty in June 2008.

Does this mean, then, that the treaty is set fair to come into effect on January 1, 2010, as almost all EU leaders hope?  Not quite.  The political turmoil in the UK is changing the equation.

Prime Minister Gordon Brown’s government ratified the treaty last year.  But the opposition Conservatives have steadfastly opposed it and warned that, should they win power in the UK’s next election, due within a year, they will not meekly let things stand as they are.  Recently, this position has threatened to harden into a determination to hold a referendum even if all 27 EU member-states have approved the treaty by the time the Tories enter government.

This may strike other EU governments as a wholly unreasonable and even legally dubious stance.  But consider the following possibility.  In the Czech Republic, parliament has passed Lisbon after a long political struggle but President Vaclav Klaus, who intensely dislikes the treaty, has refused to add his signature, as Czech law requires.  So, too has President Lech Kaczynski of Poland.  As long as they hold out, Lisbon cannot come into force.

Other things being equal, both men would probably find it impossible to resist the pressure to sign Lisbon, if Irish voters were to say Yes to the treaty in October.  But other things are not equal.  Klaus and Kaczynski are looking at events in London and asking themselves how long it will be before Brown’s government is out of office and replaced by a Conservative government that sees eye to eye with them on Lisbon.

Given the near-certainty that the Tories will win the next election, Klaus and Kaczynski have every incentive to sit tight and not sign the treaty.  Then the Tories will come to power and hold a referendum in which British voters will (so everyone assumes) reject Lisbon.  Hey, presto!  Lisbon is well and truly dead.

This is the real nightmare of EU leaders – not the expected low turnout in the European Parliament elections.

Brussels blog

Notes from the EU

About this blog Blog guide
This blog covers everything from the European Union's foreign and economic policies to the fortunes of its political leaders - as well as the more light-hearted aspects of life in Europe.


To comment, please register for free with FT.com and read our policy on submitting comments.

All posts are published in UK time.

Contact the Brussels blog team: Peter Spiegel, Joshua Chaffin, Alex Barker and Stanley Pignal.

See the full list of FT blogs.

The Brussels blog authors

Peter Spiegel is the FT's Brussels bureau chief. He returned to the FT in August 2010 after spending five years covering foreign policy and national security issues from Washington for the Wall Street Journal and the Los Angeles Times, focusing on the wars in Iraq and Afghanistan. He first joined the FT in 1999 covering business regulation and corporate crime in its Washington bureau, before spending four years covering military affairs and the defence industry in London and Washington.

Joshua Chaffin is one of the FT's EU correspondents, covering areas including policies on trade, the environment and energy. He has worked in the FT's Brussels bureau since late 2008 and before that was an FT correspondent in New York and Washington DC.

Alex Barker is EU correspondent, covering the single market, financial regulation and competition. He was formerly an FT political correspondent in the UK and joined the FT in 2005.

Stanley Pignal is Brussels correspondent for the Financial Times, covering EU justice, home affairs, social developments, telecoms and the Benelux region. He joined the bureau in January 2009, having previously worked for the FT as a corporate reporter in London.

FT blog: The World

Across the globe: Gideon Rachman and his FT colleagues debate international affairs on The World blog.

In the news

Angela Merkel Belgium Budget credit ratings agencies EU presidency EU summits European banks European Central Bank eurozone Finland Germany Greece Herman Van Rompuy Hungary IMF Italy Jose Manuel Barroso Libya Mario Monti Michel Barnier Nato Nicolas Sarkozy Olli Rehn Portugal Schengen Silvio Berlusconi sovereign debt crisis Spain Viktor Orban

Archive

« JanFebruary 2012
M T W T F S S
 12345
6789101112
13141516171819
20212223242526
272829