Treaty of Lisbon and its ratification are not inconsistent with the Czech Constitution

03 November 2009

Brno, Constitutional Court, 3. 11. 2009, 9:05

The Constitutional Court of the Czech Republic has just announced that the Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community and its ratification are not inconsistent with the constitutional order of the Czech Republic.
 
 
The Constitutional Court held:
 
I. The Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community
 

    as a whole

 

    specifically in Art. 7, Art. 8, Art. 9, Art. 10 par. 1, Art. 13 par. 1, Art. 14 par. 2, Art. 17 par. 1 and 3, Art. 19 par. 1, Art. 20, Art. 21 par. 2 letter h), Art. 42 par. 2, Art. 47 and Art. 50 paras. 2 to 4 of the Treaty on European Union

 

    in Art. 3, Art. 78 par. 3, Art. 79 par. 1 and Art. 83 of the Treaty on the Functioning of the European Union

 
and its ratification are not inconsistent with the constitutional order of the Czech Republic.
 
II. The petition to review the conformity of the Treaty on the European Union (referred to as the Treaty of Maastricht by the petitioner) as a whole, and the Treaty on the Functioning of the European Union (referred to as the Treaty of Rome by the petitioner) as a whole with the constitutional order is rejected [as inadmissible for being out of scope of the jurisdiction of the Court].
 
III. The petition to review the conformity of Art. 2, Art. 4 and Art. 216 of the Treaty on the Functioning of the European Union is rejected [as inadmissible for being res iudicata].
 
IV. The petition to find „that the Decision of the Heads of State or Government meeting within the European Council on the concerns of the Irish people on the Treaty of Lisbon, which on 18 and 19 June 2009 added certain provisions to the Treaty of Lisbon, is an international agreement pursuant to Article 10a of the Constitution and as such requires the approval of both Chambers of Parliament obtained by a constitutional majority, without which it is not applicable in relation to the Czech Republic“ is rejected [as inadmissible].
 
V. The petititon to hear this petition to review the Treaty of Lisbon together with their previous petition of 31 August 2009, ref. no. Pl. ÚS 26/09, to annul selected provisions of the rules of procedure of both chambers of the Parliament, in joined proceedings is rejected [as inadmissible and ill-founded].
 
Details to be available here soon.