Klaus to delay until after British elections?

[Almanac]

It has been widely reported that Klaus plans on delaying signing in the Lisbon Treaty until after our referendum. But what's interesting is that he has also stated that he may delay signing until after the British elections.

La Croix reported on this unexpected development:

The article notes that a senior source in France’s UMP Party has said that Klaus “may delay his signature until the British elections next year”, because the Conservatives have promised a referendum on the Treaty should they come to power.

Source

[COLOR=#880000]Le président Klaus accusé de jouer la montre[/COLOR]:


« Klaus est imprévisible et machiavélique », s'inquiète en revanche une haute source à l'UMP, redoutant que le président tchèque « fasse de nouveau appel à la Cour constitutionnelle et à tout ce qu'il peut pour retarder sa signature jusqu'aux élections britanniques, l'an prochain ». Les Tories, dirigés par David Cameron, promettent en effet qu'en cas de retour au pouvoir, ils soumettront le traité à référendum outre-Manche.


[COLOR=#001100]This suggests that Klaus will delay his signature until after "the British elections next year. The Tories under David Cameron promise - - - - to submit the treaty to a referendum".[/COLOR]

[eurosceptic]

I doubt he can do that. What is likely is that he might give the treaty another spin in the consitutional court. To my knowledge his veto can be bypassed.

[kerrynorth]

One can only wish.

[Demotruk]

That's not possible. The parliament can get the bill through without his signature, it doesn't even need a significant majority, just one more vote than usual.

[wer]

I doubt he can do that.

He can. There are even precedents for this. For example the Rome Statute of the International Criminal Court is waiting for President’s ratification since last November, the Additional Protocol to the Social Charter since 2004.

What is likely is that he might give the treaty another spin in the consitutional court.

More likely, this will be an opportunity for the Senators. According to the last ruling of the CC, they can address the CC repetitively.

To my knowledge his veto can be bypassed.

President’s veto can’t be bypassed because it doesn’t exist. President doesn’t sign Parliament’s decision, he makes the decision.

That's not possible. The parliament can get the bill through without his signature, it doesn't even need a significant majority, just one more vote than usual.

What bill? There is no such a bill.

[COLOR=#001100]This suggests that Klaus will delay his signature until after "the British elections next year. The Tories under David Cameron promise - - - - to submit the treaty to a referendum".[/COLOR]

Once Václav Klaus declares his position, he stays firm on it, but his style is to hide his cards as long as possible. He made no clear statement on this so far.
Only in one interview he shadowed this possibility by claiming that he distrusts Cameron and think that Cameron will change his position once he will be given the opportunity.

The next Klaus’ turn in regards of the Lisbon Treaty seems be the attack on the Irish guarantees. He recently claimed that without changing the Lisbon Treaty (that means without reratification in all member states), the quarantees are only false promises.

[Almanac]

I doubt he can do that. What is likely is that he might give the treaty another spin in the consitutional court. To my knowledge his veto can be bypassed.

I'm not sure. Why would he consider it in that case?

[Almanac]

He can. There are even precedents for this. For example the Rome Statute of the International Criminal Court is waiting for President’s ratification since last November, the Additional Protocol to the Social Charter since 2004.


More likely, this will be an opportunity for the Senators. According to the last ruling of the CC, they can address the CC repetitively.


President’s veto can’t be bypassed because it doesn’t exist. President doesn’t sign Parliament’s decision, he makes the decision.


What bill? There is no such a bill.


Once Václav Klaus declares his position, he stays firm on it, but his style is to hide his cards as long as possible. He made no clear statement on this so far.
Only in one interview he shadowed this possibility by claiming that he distrusts Cameron and think that Cameron will change his position once he will be given the opportunity.

The next Klaus’ turn in regards of the Lisbon Treaty seems be the attack on the Irish guarantees. He recently claimed that without changing the Lisbon Treaty (that means without reratification in all member states), the quarantees are only false promises.

Good post.

[FutureTaoiseach]

This is excellent news. However, a Green Minister in the Czech govt and a senator is trying to have Klaus impeached for refusing to sign the Treaty. The problem with that is the Czech Constitution, which states a president can only be impeached for treason or because he is unable to carry out his functions - neither of which appear to apply to Klaus. This is what the Czech Constitution says on the veto:

Article 51
[FONT=Arial]1) The President of the Republic may return an enacted law, with the exception of Constitutional Acts, together with the grounds for the return, within fifteen days of the day the law was reffered to him. [/FONT]
[FONT=Arial](2) The Chamber of Deputies shall take a new vote on the returned law. No amendments may be introduced. If the Chamber of Deputies upholds the returned law by majority vote of all Deputies, the law shall be promulgated. If not, the law shall be considered defeated.....[/FONT]

[FONT=Arial][FONT=Arial]Article 54[/FONT]

[FONT=Arial](1) The President of the Republic is the Head of State. [/FONT]
[FONT=Arial](2) The President of the Republic shall be elected at a joint meeting of both chambers of the Parliament. [/FONT]
[FONT=Arial](3) The President of the Republic shall not be accountable for the performance of his office. [/FONT]

Article 65

[FONT=Arial](1) The President of the Republic may not be detained, subjected to criminal prosecution or charged with a transgression or a different administrative offense. [/FONT]
[FONT=Arial](2) The President of the Republic may be impeached by the Senate for high treason at the Constitutional Court. The penalty may be loss of his presidential office and of his eligibility to regain it. [/FONT]
[FONT=Arial](3) Criminal prosecution for criminal offences committed by the President of the Republic while performing his office shall be precluded for all times.[/FONT]

[/FONT][FONT=Arial]Article 87[/FONT]

[FONT=Arial](1) The Constitutional Court shall rule on....[/FONT]
[FONT=Arial]g) impeachment by the Senate of the President of the Republic under Article 65, par. 2, [/FONT]

It should also be remembered the the Polish president still hasn't signed the treaty either.

Critics call for Václav Klaus to be removed from office
In the Czech Republic voices can be heard calling for impeachment proceedings to be launched against President Václav Klaus because of his refusal to sign the Treaty of [COLOR=#0066cc]Lisbon[/COLOR], which has now been approved by both houses of the Czech parliament. The liberal daily Mladá Fronta Dnes comments: "Why is Klaus hesitating to sign the document? For him it's a slightly morbid bit of fun. He can thus push up his price. Not only the Czechs but all Europe is watching him. What an intoxicating feeling. … To initiate impeachment proceedings is an absolutely extreme step. It would bring disgrace on the president, the MPs and the voters. But if the president was not abusing his power the proceedings would be superfluous. … A procedure for removing a president from office who violates not only the laws, but also the spirit of liberal democracy should be added to the Czech constitution."

PRAGUE, Czech Republic, May 11 (UPI) -- Czech President [COLOR=#116395]Vaclav Klaus[/COLOR] may face impeachment if he resists signing the European Union's Lisbon treaty, a lawmaker said.

Alena Gajduskova, a a member of the Czech Senate, reacting to Klaus' apparent reluctance to sign the EU's Lisbon reform treaty, suggested an impeachment motion is likely if he declines to sign the document approved by both chambers of Parliament, the Czech Web site tyden.cz said Monday.
Czech senators Wednesday approved the Lisbon treaty, which would reform the decision-making process in EU administration.
Klaus opposes the reform treaty, saying it would hurt Czech sovereignty.
Czech Foreign Minister [COLOR=#116395]Jan Kohout[/COLOR] said Klaus should sign the treaty, but would not say whether Klaus is legally bound to do so, Prague Radio said.
Presidential assistant Ladislav Jakl said the Czech Republic's ratification would be legally accomplished only when signed by the head of state, Czech Television said Sunday.
Jakl, a member the president's office, said a group of senators could submit a petition to the Czech Constitutional Court asking for a review of the document.

Wer, my understanding, like Eurosceptic, is that the Czech presidential veto can be overridden - at least on legislation. I understand he tried to veto a European extradition treaty some years ago and the lower house of parliament overrode the veto.

Prague - Czech lawmakers Tuesday overrode a presidential veto of a law that puts the country's [COLOR=#990033][FONT=Arial]chemical industry[/FONT][/COLOR] under tougher [COLOR=#990033][FONT=Arial]European Union[/FONT][/COLOR] rules.
The legislation passed 133-12, with 101 votes needed in the 200- seat lower [COLOR=#990033][FONT=Arial]house of parliament[/FONT][/COLOR] to strike the veto down.

Meanwhile, a group of Czech Senators are preparing a new Constitution Court challenge to the Treaty within 2 months, further delaying ratification. Good.

There was much rejoicing in Europe last week when Czech senators voted in favour of ratifying the European Union’s Lisbon Treaty, which aims to streamline the way the EU is run with 27 members. But many senators from the centre-right Civic Democratic Party voted against the treaty, and on Tuesday several of them met President Václav Klaus, who also opposes the document – and who must sign the treaty into law for ratification to be complete.
Three Civic Democratic senators went to see President Klaus on Tuesday and emerged afterwards to speak to waiting reporters. They told them they now had the required seventeen signatures necessary to send a new complaint over the Lisbon Treaty to the Constitutional Court. This they will do, they said, within two months.
President Klaus said shortly after the Senate voted in favour of ratification last week that he would not sign the treaty into law until the Court has ruled on any possible new legal challenge. So it seems very likely that the Czech Republic will not complete ratification any time soon.

[wer]

This is excellent news. However, a Green Minister in the Czech govt

The green minister is not minister anymore and leads a marginal party with 4 seats in the Chamber (most likely 0 in the future one). He has no say here.

and a senator is trying to have Klaus impeached for refusing to sign the Treaty.

In any parliament there are some crazy people, and their crazy talks make headlines. Gajdůšková was ridiculed even by her party chief who claimed that she, most likely, suffered a sunstroke. In a TV interview she was not able to explain what does the term “high treason” mean.

The problem with that is the Czech Constitution, which states a president can only be impeached for treason…

Not impeached, but prosecuted. And not for treason, but for high treason – that’s different.

High treason is defined strictly as an act of the President against the sovereignty or territorial integrity of the state. This could hardly apply here.

…or because he is unable to carry out his functions.

No, President can’t lose his function because of this reason. Only some of his authorities could be executed by somebody else (parliamentary approval is needed; the PM has provisionally the authority to ratify the international treaties).

This is what the Czech Constitution says on the veto:

First, it is not a veto, only the journalists unfamiliar with the Czech systems call it so. President can sign the law or send it back for a new proceeding. This is not veto, but one additional cycle in the legislative process. And it applies strictly to the laws.

Wer, my understanding, like Eurosceptic, is that the Czech presidential veto can be overridden - at least on legislation.

No veto, but sending back for a new proceeding. And this was not a treaty, but an internal Czech law implementing the EU directives.

I understand he tried to veto a European extradition treaty some years ago and the lower house of parliament overrode the veto.

Again, no treaty, but an internal Czech law implementing the EU directives.