HELD ON EUROPEAN MATTERS: 1
EU - Accession (Yes 77 % - No 23 % - Turnout 55 %)
CONDITIONS - Constitution
of the Czech Republic
referendum expressly provided for transfer of sovereignty but requires
enactment by constitutional law. Consultative referendum can anyhow
be held if ordered by ad-hoc-law.
ABOUT INTERNATIONAL TREATIES, REFERENDUM AND CONSTITUTIONAL AMENDMENTS
of international treaties without transfer of sovereignty:
Majority of votes from both chambers, Art. 49, 39 II ConstCzRep.
of transfer of sovereignty without effect of constitutional amendment:
Majority of 3/5 from members of parliament and 3/5 of the votes
from senate, Art. 10a I, 39 IV ConstCzRep. With constitutional law
a referendum can be ordered, Art. 10a II ConstCzRep.
of transfer of sovereignty with effect of constitutional amendment:
Previous constitutional amendment required if constitutional court
decides that an international treaty is not in conformity with the
constitution, Art. 89 III, 87 II ConstCzRep.
of constitutional amendment:
Only by constitutional act that requires a majority of 3/5 from
members of parliament and 3/5 of the votes from senate, Art. 9 I,
39 IV ConstCzRep.
constitutional regulations about referendums:
With constitutional act referenda can be implemented into constitution
with a majority of 3/5 from the members of parliament and 3/5 of
the votes from senate, Art. 2 II ConstCzRep.
(2006), The Future of Europe - Results for the Czech
Republic, Special Eurobarometer 251, Fieldwork: 23/02 –
15/03 2006. (PDF)
Czech government has questioned the date for the ratification
of the Reform Treaty - set for 2009. "We do not want to
improvise during our presidency," said Alexander Vondra,
the Czech Secretary for EU affairs, referring to the country's
six-month term in the first half of 2009. Vondra suggested that
putting the Constitution in force within a 12-month period -
rather than within the 18-24 months that is normally the case
- would be a "record tempo" and hard to achieve. Prague
had expressed concerns about the ambitious timetable before,
but other EU member states argued that the new institutional
rules should be introduced just ahead of the EU assembly's 2009
The Czech Republic voted on 30 October 2007 to ratify the treaty
through the parliamentary route, and not via a referendum; the
Communist Party of Bohemia and Moravia and three rebel MPs from
the ruling Civic Democratic Party were the only ones to vote
in favour of a referendum
01.04.2008 the Czech Chamber of Deputies passed the Lisbon treaty
in first reading today, but the deputies will take the final
vote on it only in the months ahead, may be in the autumn only.
The reason is that the senior government Civic Democratic Party
(ODS) wants the Constitutional Court to review the treaty before
parliament says its final word. Besides all Communist (KSCM)
deputies present, also five ODS deputies voted against the treaty.
The treaty will now be discussed by the constitutional-legal,
foreign and European affairs committees of the Chamber of Deputies.
18 February 2009, the Czech Republic took the first step toward
ratification of the Lisbon treaty. The vote in the lower House
saw 125 deputies vote in favour of the document and 61 against
with 197 deputies present. Czech deputy prime minister Alexandr
Vondra welcomed the result, which had been delayed several times
previously due to domestic squabbling between political parties.
Czech Senate on 06 May 2009 approved the EU's Treaty of Lisbon,
the vote was preceded by six hours of debate. Outgoing Prime
Minister Mirek Topolanek, who had previously questioned the
merits of the treaty, urged the house to back it.
Czech constitutional court was reviewing a complaint against
the treaty filed by a group of Czech senators and expects to
announce a date for the final ruling by the end of October.
The complaint by the Czech senators has upset the treaty's supporters,
not least because British opposition leader David Cameron may
has said he will hold a referendum if the treaty has not been
ratified across the EU by the time he comes to power.
03.11.2009 Czech President Vaclav Klaus signed the Lisbon Treaty,
his signature, the last of EU leaders, follows on from the Czech
constitutional court decision on 03.11.2009 that ruled in favour
of the Lisbon Treaty's compatibility with the Czech constitution.
At the Brussels European Council on 30.10.2009, EU leaders agreed
to offer the Czech Republic an opt-out from the EU’s Charter
of Fundamental Rights, the same exemption that was granted to
Poland and the United Kingdom.
ratification was held on the 18.02.2009 in the lower house (125
votes in favour; 61 against and 1 abstention) and
on the 06.05.2009 in the Senate (54 votes in favour; 20 against)
DOCUMENTS AND MATERIAL
Handl, V. (2007),
Ratspräsidentschaft aus tschechischer Sicht, integration,
3/07, Juli 2007. (German) (PDF)
Mestankova, P. (2007), Los
checos frente a la crisis europea, Real Instituto Elcano, ARI
Nº 60/2007, 29/05/2007. (Spanish) (PDF)