Parliament Stalls On Czech Protocol On Charter Of Fundamental Rights
January 26, 2012 12:00 PM
Originally published by Andrew Duff MEP
Originally published by Andrew Duff MEP
Today in the Constitutional Affairs Committee a tied vote (11-11) meant that no decision was taken on Andrew Duff's report which recommended that the EU does not agree to the request of the former government of the Czech Republic to add a Protocol on the Charter to the Treaty of Lisbon.
The Czech Protocol was conceived in 2009 in order to persuade President Klaus to sign the Lisbon treaty. Mr Duff argues that an identical Protocol signed by the UK and Poland is a spurious and futile instrument which sows legal uncertainty and political confusion. He is supported in this view by the European Court of Justice and by the Czech Senate which threatens not to ratify the Czech Protocol.
Although all amendments to the Duff Report were defeated, the fact that there is no final majority for the report means that Parliament has yet to give its opinion to the European Council as it is required to do under Article 48(2) of the Treaty on European Union on any treaty revision.
In a statement after the Committee meeting rapporteur Andrew Duff (ALDE/UK) said: "We now face a legal riddle. There is no majority in the House either in favour or against the Czech Protocol. But without an opinion of the Parliament on the matter and in the absence of an associated decision by Parliament on whether to agree to the European Council's request not to summon a Convention on the matter, the heads of government cannot legally proceed to examine the draft Protocol.
"At least the Charter is saved for the moment from a further effort to qualify it. That is good news."
END
The full text of the Duff Report can be found at http://www.europarl.europa.eu/meetdocs/2009_2014/documents/afco/pr/886/886583/886583en.pdf
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