German court approves but delays Lisbon

Published: June 30, 2009 at 10:12 AM

KARLSRUHE, Germany, June 30 (UPI) -- Germany's highest court on Tuesday approved the Lisbon Treaty but halted its ratification.

"If one wanted to summarize this result, one could say: the constitution says 'yes' to the Lisbon Treaty but demands that Parliament's right to participation be strengthened at the national level," Andreas Vosskuhle, the presiding judge, said Tuesday in a televised statement from Karlsruhe.

Germany's Parliament had already ratified the treaty, which is aimed at strengthening decision-making within the European Union, but German President Horst Koehler refused to sign it because of a pending lawsuit.

A group of German lawmakers, mainly from the far-left party Die Linke, had challenged the Lisbon Treaty, arguing it violates the German Constitution. The treaty, they said, undermines Germany's Parliament and democracy as a whole by handing too much power to Brussels.

The decision by the German Constitutional Court clears the treaty in general but delays its ratification; it demanded changes to German domestic legislation. Namely, Karlsruhe wants to make sure that Parliament has a say over future additions to the Lisbon Treaty -- for example on an expansion of EU competencies that could potentially erode German sovereignty.

"The court is confident that the last barrier for adopting the ratification document will be cleared," the judge said.

But it's unsure just how soon these barriers can be cleared. The German Parliament goes into recess next week, and it's unlikely that a decision will be made before Sept. 27, when Germans head to the polls to choose a new government.

The delay only increases the insecurity linked to the Lisbon Treaty. Currently, 23 of the 27 member states have ratified the pact, which would create an EU president, increase its foreign policy profile and make decision-making more efficient. It will only come into effect once all members have ratified it.

Germany is set to do so eventually, but that won't save the pact until the remaining three countries -- Ireland, Poland and the Czech Republic -- ratify it as well.

Irish voters overwhelmingly opposed the text last year but will head to the polls again in October. Observers say that this time, the vote could swing in favor of Lisbon.

Poland's Parliament has approved the treaty, and once Ireland gives its green light, Polish President Lech Kaczynski is expected to ratify it as well. Czech President Vaclav Klaus would then be under immense pressure to do so as well.

© 2009 United Press International, Inc. All Rights Reserved.
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