19 February 2014

EUobserver: Czech government to give up EU Charter opt-out

The Czech Republic was "ready to rescind its request for an opt-out from the charter of human rights and freedoms", the country's newly-appointed prime minister, Bohuslav Sobotka, told reporters on 19 February. "We have started serious discussion on joining the fiscal pact", he added. "This is a significant signal that the Czech Republic's position within the EU is shifting, our relation to agreements being made on the European level is changing."

The Charter enshrines a string of social, economic and political rights to EU nationals, but was opposed by former President Vaclav Klaus, who argued that it would invite legal challenges before the EU's courts by families of Germans who were expelled from territory in modern day Czech Republic after the Second World War. Ultimately, Klaus insisted on an opt-out from the Charter as the main condition of his signing the Lisbon treaty during a difficult ratification process in 2009.

Referring to the previous centre-right cabinet's alliance with the United Kingdom on the fiscal treaty, Sobotka said it was "absurd". "The Czech Republic does not want anymore to stay on the sidelines, in isolation, and also does not want to forge alliances that are somewhat absurd form the point of view of our national interests", he said. The UK is the only other EU country not to have signed up to the fiscal compact.

The new Social Democrat-led government’s early commitments should pave the way for warmer relations between Brussels and Prague following years of strain between the EU institutions and former President Klaus. The fiscal compact agreement, which was struck by EU leaders in December 2011, commits countries to putting the bloc's limits on budget deficit and debt levels of 3 per cent and 60 per cent of GDP respectively, into national constitutions.

Critics say that it limits the flexibility of governments to put in place economic stimulus measures during times of recession. 

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Czech government press release

Further reporting © Reuters

In a statement, Rapporteur Andrew Duff said: "The decision announced by Czech Prime Minister Bohuslav Sobotka is very welcome indeed. It eliminates a threat to the integrity and application of the Charter. It rectifies a constitutional anomaly in the Czech Republic where former President Václav Klaus insisted on launching his missile against the Charter after the Czech parliament and court had already ratified the Treaty of Lisbon. The consequent delay in the entry into force of Lisbon in 2008-09 was a serious impediment to the smooth running of the European Union.

"The withdrawal of the request for treaty change follows the decision of the European Parliament to reject the ill-judged attempt by Mr Klaus to scupper the Charter. MEPs voted by 574 against 82 (24 abstentions) in May 2013 to give a formal negative opinion to the request from the European Council to re-open the Treaty on this issue. (This was the first such decision of the Parliament under its new consultative powers under Article 48(3) TEU.)

"The withdrawal of the Czech request to join Protocol 30 removes legal uncertainty about the way the Charter will be interpreted in the Czech courts and at the European Court of Justice with respect to cases which may involve the Czech Republic. It leaves the UK and Poland as the only two signatories of this spurious yet damaging Protocol. I hope the Polish government will now take this opportunity to confirm that at the next revision of the Treaty they will withdraw their signature from it."

Press release

Following a meeting on 20 February with the Czech Prime Minister, President Barroso said: "Prime Minister Sobotka's taking up office marks a new start. He and his government are pushing the reset button on many fronts – not least in the relations to the European Union. The Czech Republic is taking back its role as an active and constructive member of our European family." During the meeting, the upcoming European Council in March was being discussed which the President called "an important step in coordinating our economic policies".

Full statement

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