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Ten Czech points against the EU Consitution

Thursday, 3 March 2005

Perhaps in conscious imitation of US President Woodrow Wilson, whose "fourteen points" at Versailles led to the creation of the Czechoslovak state, President Václav Klaus of the Czech Republic has produced "ten points" about the European Constitution. They make it clear that he is opposed to the Constitution and he has asked the constitutional court to examine whether it is compatible with the Constitution of the Czech Republic. The 10 points are as follows:

1. The European Union will become a state and it will have all the basic features of a state. It will have its Constitution, its citizens, its territory, its external border, its currency, its President, its Minister of Foreign Affairs, etc. It will have its flag, anthem, and state holiday.

2. In this newly created federal state, current Member States will be simple regions or provinces.

3. The Constitution of the state European Union will be superior to constitutions of Member States. Even the entire legal order of the Union will be superior to the legal orders of Member States.

4. The term "constitutional treaty" is imprecise and only temporary. This document will be a treaty between sovereign states only until it will be - as a treaty - ratified in Member States. Then, this document will become a real constitution.

5. The concept of "shared sovereignty" that was dominant so far has been abandoned in today's old EU, and a new pan-European sovereignty is being created instead. The states in the new EU are losing their right to create their own laws, which until now has been exclusive.

6. Citizens of the individual Member States will become citizens of the state European Union with direct rights and obligations to the institutions of this European state.

7. The Member States will be able to exercise only the competences that are left to them by the EU Constitution, not the other way round, which was the original idea of the European integration. Derived (secondary) EU legal acts will be superior to the original (primary) legal acts of Member States.

8. The EU, not the Member States, will conclude international agreements with other states.

9. The constitutional treaty decreases the voting weight of smaller Member States, e.g. the Czech Republic, (in comparison to the current situation resulting from the Nice Treaty).

10.   Even the areas of decision-making, in which Member States will retain in the future the right of veto, can be at any time subordinated to a majority vote (it is enough if Presidents or Prime Ministers of EU countries agree on it, which means that it can be done without the national Parliaments having the possibility to decide about it, not to say citizens to express their agreement with it).


(Published in Mlada Fronta Dnes, 26 February 2005)