Ratification of the Treaty of Lisbon
Encyclopedia
The ratification of the Treaty of Lisbon was officially completed by all member states of the European Union
on 13 November 2009 when the Czech Republic deposited its instrument of ratification with the Italian government. The Lisbon Treaty
came into force on the first day of the month following the deposition of the last instrument of ratification with the government of Italy, which was 1 December 2009.
Most states ratified the treaty in a parliamentary processes. The Republic of Ireland was the only member state to hold a referendum
on the subject. In a first vote held on 12 June 2008 (the Lisbon I referendum) the treaty was rejected; however a second vote was held on 2 October 2009 (the second Lisbon referendum) and the treaty was approved.
was the first member state where the treaty was approved by a national parliament on 17 December 2007. Note that the assent of the head of state represents the approval of the parliamentary procedure, while the deposition of the instrument of ratification refers to the last step of ratification, which might require a separate signature of the head of state on the instrument of ratification for it to be deposited. For the discussion of the specific legal situation in countries which have encountered obstacles in the ratification process, see relevant section below the table.
was opposed to the ratification of the Lisbon Treaty at that time. He called for the process to be brought to an end and stated that he was in "no hurry" to ratify the document. In September 2008, he had also stated that he would not sign the treaty until Ireland had ratified it.
Prior to that, President Klaus stated that he was awaiting the verdict of the Constitutional Court concerning a complaint submitted by senators against certain parts of the treaty. The Court dismissed this complaint on 26 November 2008. However, the senators proceeded to request the Constitutional Court to assess the treaty as a whole. On 29 September 2009 a group of Czech senators lodged a fresh complaint with the Constitutional Court. According to Czech Constitution, the treaty cannot be ratified until a ruling of the Constitutional Court is delivered.
Beside the constitutional challenge president Klaus, notwithstanding Czech parliament approval of the treaty, asked for an opt-out
from the Charter of Fundamental Rights of the European Union
. He said that, were the charter to gain full legal strength, it would jeopardise the Beneš decrees
, and in particular the decree that confiscated, without giving compensation, the properties of Germans and Hungarians during the Second World War. These decrees are still part of the domestic law of both Czech Republic
and Slovakia
(the latter not having requested any exemption from the charter). President Klaus said that this opt out is therefore a necessary condition for him to sign the document. It should be noted that this argument had been already invoked by right-wing populists, when both countries were ready to accede
to the European Union
. In 2002 the EU Commission asked a legal opinion on compatibility of the decrees with the EU treaties. In the opinion it was argued that, were the Beneš decrees enacted today, they would breach EU treaties, but since they were enacted in 1945 their status would have been unaffected. The opinion quotes a sentence on this subject by the European Court of Human Rights
in order to explain that, even if the EU, as the European Convention on Human Rights and Fundamental Freedoms, recognises the right to ownership as a fundamental right, the treaties cannot have a retroactive effect:
In the opinion it's also noted that, even if those clauses concerning property rights were enforceable, EU would not have any say on this as the Treaty establishing the European Community explicitly states (art. 295) that
This clause has been slightly reworded by the Lisbon Treaty in order to make it refer to both the TEU
and TFEU treaties and is going to become article 345 of the TFEU.
On 2 October 2009, Ireland voted for the treaty in the second referendum, thereby removing one of Klaus's earlier objections to him signing the treaty. On 12 October 2009, the Czech government agreed to adopt Klaus's demand as its own assuming that the president would sign if they successfully negotiated the opt-out, and if the Constitutional Court ruled that the treaty was compatible with the Czech constitution. The opt-out was agreed by other member states of the EU in the European Council on 29 October 2009.
On 3 November 2009, the Czech Constitutional Court approved the treaty, clearing the way for President Klaus to sign it, which he did that afternoon. The Czech instrument of ratification was then deposited with the Italian Government on 13 November 2009.
German parliament approved of the Treaty of Lisbon 24 April and 23 May 2008. However, formal ratification required the signature of the President
, which was withheld pending a ruling from the Constitutional Court on the treaty's compatibility with Germany's constitution
. This followed a challenge launched by German Bundestag
member Peter Gauweiler
, a member of Bavaria
's Christian Social Union
(CSU) who, among others, claimed that the treaty was unconstitutional. Mr. Gauweiler had launched a similar challenge to the European Constitution in 2005 but after its failure, the Constitutional Court made no ruling on it.
The Constitutional Court held oral hearings on 10 and 11 February 2009. In its 30 June 2009 decision the Court stated that while the treaty was compatible with the Basic Law, an accompanying German statute, relating to powers of the German Parliament to supervise how the German government votes at Union level, granted insufficient powers to the German Parliament. Ratification of the treaty would require the stronger oversight powers. The 147 page-long ruling focuses on the structure of the European Union according to the Lisbon Treaty and its relationship with the Basic Law. It comes to the conclusion that the treaty does not create a European federal state (which would invalidate the Basic Law and require a referendum), that the structural democratic deficit
of the EU institutions cannot be resolved in an association of sovereign national states (since it would break the principle of the equality of states), and that the substance of German state authority is protected.
The Bundestag held an extraordinary session on 26 August 2009 to examine a draft law on strengthening parliamentary oversight. On 8 September, the bill was passed by 446 votes to 46 with 2 abstentions. After the Bundesrat gave its unanimous approval on 18 September, the law was signed into force by the German President
on 23 September 2009 and published in the official gazette on 24 September. The president signed the German instrument of ratification of the Treaty of Lisbon on 25 September 2009, after which it was deposited in Rome by the German Ambassador.
, did not fall within the 1972 constitutional provisions enacted in order to allow the state to join the European Communities
, and would require an ad hoc Constitutional amendment authorising the state to ratify the treaty. As a consequence of this decision, Ireland has held referendums for every major European Union treaty since the Single European Act itself. The decision on whether to hold a referendum or not is a matter for the Irish government, acting on the unpublished advice of the Attorney-General. A decision not to hold a referendum would be reviewable by the Courts.
In June 2007, while the treaty was still in draft form, the government had already indicated that referendum would be held on the then Reform Treaty.
, with the exception of Sinn Féin
. The Green Party
, while being a party in the government, did not officially take a line, having failed to reach a two-thirds majority either way at a party congress in January 2008, leaving members free to decide. Most Irish trade unions and business organisations also supported the yes campaign. Those campaigning for the no vote included political parties Republican Sinn Féin
, Sinn Féin
, lobby group Libertas, the People Before Profit Alliance
and the Socialist Party
.
The result of the referendum on 12 June 2008 was in opposition to the treaty, with 53.4% against the Treaty and 46.6% in favour, in a 53.1% turnout. A week later, the results of a Eurobarometer
survey conducted hours after the vote were released, indicating why the electorate voted as they did. On 10 September, the government published the more in-depth research analysis on voters' stated reasons for voting yes or no: this concluded that the primary reason for rejection was "lack of knowledge/information/ understanding".
, Brian Cowen
confirmed that a second referendum would be held, after an EU leaders summit agreed to keep 1 Commissioner per member state and to incorporate legally binding guarantees on abortion, taxation and military neutrality in the Croatian Accession Treaty.
The second referendum on the treaty took place on 2 October 2009. The final result was 67.1% in favour to 32.9% against, with a turnout of 59%.
on 15 October 2009. The Oireachtas
then proceeded to enact a law to incorporate the treaty into Irish law. The domestic ratification having been completed, the Irish government lodged Ireland's instrument of ratification with the Italian government on 23 October 2009.
had said that it would have been pointless to give his final signature before a solution to the Irish no vote could be found. While the President had previously signed a parliamentary bill paving the way for Polish ratification, he had declined to sign the ratification instrument of the treaty. After the Irish electorate had approved the treaty in the second referendum, President Kaczyński then signed Poland's instrument of ratification on 10 October 2009. The instrument was lodged with the Italian government in Rome on 12 October 2009.
, an autonomous region in Finland, approved the Lisbon Treaty by as majority of 24 votes to six,
well exceeding the required majority of two-thirds of the cast votes. A rejection of the Treaty by Åland
would not have prevented the Treaty from coming into force.
The Islands' government had been looking to maintain the Islands' seat in the European Parliament
and to gain the right to defend the Islands' implementation of EU law
when they are challenged before the European Court of Justice
, but only secured the latter. The European Parliamentary seat was lost in line with the general reduction of seats in the European Parliament.
issued an opinion regarding the treaty. The opinion stated that the Treaty was compatible with Germany's Basic Law
. In addition, the opinion elaborated on the interpretation of the intergovernmental treaties
underlying the European Union. The 147-page ruling focused on the structure of the European Union that will be established after the Lisbon Treaty goes effective and its relationship with the Basic Law. The opinion concludes that the Treaty does not create a European federal state (which would invalidate the Basic Law and require a referendum in Germany), that the structural democratic deficit
of the EU institutions cannot be resolved in an association of sovereign national states (since it would break the principle of the equality of states), and that the substance of German national sovereignty is protected. While the Court considered the Treaty (and the German statute incorporating it into German Law and authorising the Treaty's ratification) compatible with the German Basic Law, it also found that an accompanying statute, that dealt with the German Parliament's powers of oversight over the votes cast by the representatives of the German Government within the EU's institutions granted insufficient powers to the German Parliament, in a manner incompatible with the Basic Law, so that Germany's ratification of the Treaty was to be stayed until the statute in question was amended so as to include provision recognising that in certain cases the German representative was only to cast a vote once the authorisation of the German Parliament was obtained. In addition, the judges reserved the right to overrule judgments by the European Court of Justice (ECJ) within Germany, if they should be judged in violation of the Basic Law. In accordance with the ruling, the German Parliament passed a bill amending the statute that dealt with the German Parliament's powers of oversight, and, once the increased control of the German Parliament over the actions of Germany's representatives was enshrined into law, the German President proceeded with the signing of the instrument of ratification.
. Mr Wheeler claimed the government was legally bound by an election promise to hold a referendum on the Lisbon Treaty. The government asserted that the promise was no longer valid as it was the Constitutional Treaty for which a referendum was promised, and that the Lisbon Treaty was fundamentally different in content and in nature (being an amending treaty rather than a constitution). The court could not find anything unlawful in the government's ratification of the treaty and the case was rejected. The case was appealed but was once more rejected. During the period of the trial the government refrained from fully ratifying the treaty.
in order to ratify the treaty.
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
on 13 November 2009 when the Czech Republic deposited its instrument of ratification with the Italian government. The Lisbon Treaty
Treaty of Lisbon
The Treaty of Lisbon of 1668 was a peace treaty between Portugal and Spain, concluded at Lisbon on 13 February 1668, through the mediation of England, in which Spain recognized the sovereignty of Portugal's new ruling dynasty, the House of Braganza....
came into force on the first day of the month following the deposition of the last instrument of ratification with the government of Italy, which was 1 December 2009.
Most states ratified the treaty in a parliamentary processes. The Republic of Ireland was the only member state to hold a referendum
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
on the subject. In a first vote held on 12 June 2008 (the Lisbon I referendum) the treaty was rejected; however a second vote was held on 2 October 2009 (the second Lisbon referendum) and the treaty was approved.
At a glance
The table below shows the ratification progress in European Union member states. HungaryHungary
Hungary , officially the Republic of Hungary , is a landlocked country in Central Europe. It is situated in the Carpathian Basin and is bordered by Slovakia to the north, Ukraine and Romania to the east, Serbia and Croatia to the south, Slovenia to the southwest and Austria to the west. The...
was the first member state where the treaty was approved by a national parliament on 17 December 2007. Note that the assent of the head of state represents the approval of the parliamentary procedure, while the deposition of the instrument of ratification refers to the last step of ratification, which might require a separate signature of the head of state on the instrument of ratification for it to be deposited. For the discussion of the specific legal situation in countries which have encountered obstacles in the ratification process, see relevant section below the table.
| Signatory | Conclusion date | Institution | AB Abstention Abstention is a term in election procedure for when a participant in a vote either does not go to vote or, in parliamentary procedure, is present during the vote, but does not cast a ballot. Abstention must be contrasted with "blank vote", in which a voter casts a ballot willfully made invalid by... |
Deposited | Ref. | ||
|---|---|---|---|---|---|---|---|
 Austria |
9 April 2008 | National Council National Council of Austria The National Council is one of the two houses of the Austrian parliament. According to the constitution, the National Council and the complementary Federal Council are peers... |
151 | 27 | 5 | 13 May 2008 | |
| 24 April 2008 | Federal Council Federal Council of Austria The Federal Council of Austria or Bundesrat is the second chamber of the Austrian parliament, representing the nine States of Austria on federal level. As part of a bicameral legislature alongside of the National Council of Austria , it can be compared with an upper house or a senate... |
58 | 4 | 0 | |||
| 28 April 2008 | Presidential Assent President of Austria The President of Austria is the federal head of state of Austria. Though theoretically entrusted with great power by the constitution, in practice the President acts, for the most part, merely as a ceremonial figurehead... |
Granted | |||||
 Belgium |
6 March 2008 | Senate Belgian Senate The Belgian Senate is one of the two chambers of the bicameral Federal Parliament of Belgium, the other being the Chamber of Representatives. It is considered to be the "upper house" of the Federal Parliament.-History and future:... |
48 | 8 | 1 | 15 October 2008 | |
| 10 April 2008 | Chamber of Representatives | 116 | 11 | 7 | |||
| 19 June 2008 | Royal Assent Monarchy of Belgium Monarchy in Belgium is constitutional and popular in nature. The hereditary monarch, at present Albert II, is the head of state and is officially called King of the Belgians .-Origins:... |
Granted | |||||
| 14 May 2008 | Walloon Parliament Walloon Parliament The Walloon Parliament , formerly the Walloon Regional Council , is the Parliament of the Walloon Region, commonly called Wallonia, one of the self-governing Regions of Belgium with Flanders and the Brussels-Capital Region... (regional) (community matters) |
56 | 2 | 4 | |||
| 14 May 2008 | 53 | 3 | 2 | ||||
| 19 May 2008 | German-speaking Community Parliament of the German-speaking Community The Parliament of the German-speaking Community is the legislative assembly of the German-speaking Community of Belgium based in Eupen.The most important tasks of the Parliament of the German-speaking Community include the election and the supervision of the Government of the German-speaking... |
22 | 2 | 1 | |||
| 20 May 2008 | French Community | 67 | 0 | 3 | |||
| 27 June 2008 | Brussels Regional Parliament | 65 | 10 | 1 | |||
| 27 June 2008 | Brussels United Assembly Common Community Commission The Common Community Commission is responsible for community matters that are common to both the French Community and the Flemish Community and for institutions that fall within the competencies of the Communities but do not belong exclusively to either Community in the Brussels-Capital Region of... |
66 | 10 | 0 | |||
| 10 July 2008 | Flemish Parliament Flemish Parliament The Flemish Parliament constitutes the legislative power in Flanders, for matters which fall within the competence of Flanders, both as a geographic region and a cultural community of Belgium The Flemish Parliament (Dutch: , and formerly called Flemish Council or Vlaamse Raad) constitutes the... (regional) (community matters) |
76 | 21 | 2 | |||
| 78 | 22 | 3 | |||||
| 11 July 2008 | COCOF French Community Commission The Commission communautaire française is the local representative of the French-speaking authorities in the Brussels-Capital Region, one of the three regions of Belgium.... Assembly |
52 | 5 | 0 | |||
 Kingdom of Bulgaria |
21 March 2008 | National Assembly National Assembly of Bulgaria The National Assembly of Bulgaria is the unicameral parliament and body of the legislative of the Republic of Bulgaria.The National Assembly of Bulgaria was established in 1879 with the Constitution of Bulgaria.-Ordinary National Assembly:... |
195 | 15 | 30 | 28 April 2008 | |
 Cyprus |
3 July 2008 | House of Representatives House of Representatives of Cyprus The House of Representatives is the parliament of Cyprus. It has 59 members elected for a five year term, 56 members by proportional representation and 3 observer members representing the Maronite, Latin and Armenian minorities... |
31 | 17 | 1 | 26 August 2008 | |
| 19 July 2008 | Presidential Assent | Granted | |||||
 Czech Republic |
18 February 2009 | Chamber of Deputies Chamber of Deputies of the Czech Republic The Chamber of Deputies of the Parliament of the Czech Republic is the lower house of the bicameral Parliament of the Czech Republic. The seat of the Chamber of Deputies is situated in palaces in Malá Strana, Prague.... |
125 | 61 | 11 | 13 November 2009 | |
| 6 May 2009 | Senate Senate of the Czech Republic The Senate of the Parliament of the Czech Republic , usually referred to as Senát, is the upper chamber of the Parliament of the Czech Republic... |
54 | 20 | 5 | |||
| 3 November 2009 | Presidential Assent President of the Czech Republic The President of the Czech Republic is the head of state of the Czech Republic. Unlike his counterparts in Austria and Hungary, who are generally considered figureheads, the Czech President has a considerable role in political affairs... |
Granted | |||||
 Denmark |
24 April 2008 | Parliament | 90 | 25 | 0 | 29 May 2008 | |
| 30 April 2008 | Royal Assent | Granted | |||||
 Estonia |
11 June 2008 | Assembly Riigikogu The Riigikogu is the unicameral parliament of Estonia. All important state-related questions pass through the Riigikogu... |
91 | 1 | 9 | 23 September 2008 | |
| 19 June 2008 | Presidential Assent President of Estonia The President of the Republic is the head of state of the Republic of Estonia.Estonia is a parliamentary republic, therefore President is mainly a symbolic figure and holds no executive power. The President has to suspend his membership in any political party for his term in office... |
Granted | |||||
 Finland |
11 June 2008 | Parliament Parliament of Finland The Eduskunta , is the parliament of Finland. The unicameral parliament has 200 members and meets in the Parliament House in Helsinki. The latest election to the parliament took place on April 17, 2011.- Constitution :... |
151 | 27 | 21 | 30 September 2008 | |
| 12 September 2008 | Presidential Assent President of Finland The President of the Republic of Finland is the nation's head of state. Under the Finnish constitution, executive power is vested in the President and the government, with the President possessing extensive powers. The President is elected directly by the people of Finland for a term of six years.... |
Granted | |||||
 Early Modern France |
7 February 2008 | National Assembly | 336 | 52 | 22 | 14 February 2008 | |
| 7 February 2008 | Senate | 265 | 42 | 13 | |||
| 13 February 2008 | Presidential Assent | Granted | |||||
 Germany |
24 April 2008 | Federal Diet Bundestag The Bundestag is a federal legislative body in Germany. In practice Germany is governed by a bicameral legislature, of which the Bundestag serves as the lower house and the Bundesrat the upper house. The Bundestag is established by the German Basic Law of 1949, as the successor to the earlier... |
515 | 58 | 1 | 25 September 2009 | |
| 23 May 2008 | Federal Council Bundesrat of Germany The German Bundesrat is a legislative body that represents the sixteen Länder of Germany at the federal level... |
65 | 0 | 4 | |||
| 8 October 2008 | Presidential Assent President of Germany The President of the Federal Republic of Germany is the country's head of state. His official title in German is Bundespräsident . Germany has a parliamentary system of government and so the position of President is largely ceremonial... |
Granted | |||||
 Greece |
11 June 2008 | Parliament Hellenic Parliament The Hellenic Parliament , also the Parliament of the Hellenes, is the Parliament of Greece, located in the Parliament House , overlooking Syntagma Square in Athens, Greece.... |
250 | 42 | 8 | 12 August 2008 | |
 Hungary |
17 December 2007 | National Assembly National Assembly of Hungary The National Assembly or Diet is the parliament of Hungary. The unicameral body consists of 386 members elected to 4-year terms. Election of members is based on a complex system involving both area and list election; parties must win at least 5% of the popular vote in order to enter list members... |
325 | 5 | 14 | 6 February 2008 | |
| 20 December 2007 | Presidential Assent | Granted | |||||
 Republic of Ireland |
29 April 2008 | Dáil Éireann Dáil Éireann Dáil Éireann is the lower house, but principal chamber, of the Oireachtas , which also includes the President of Ireland and Seanad Éireann . It is directly elected at least once in every five years under the system of proportional representation by means of the single transferable vote... (1st ref. bill) |
Passed | 23 October 2009 | |||
| 9 May 2008 | Senate Seanad Éireann Seanad Éireann is the upper house of the Oireachtas , which also comprises the President of Ireland and Dáil Éireann . It is commonly called the Seanad or Senate and its members Senators or Seanadóirí . Unlike Dáil Éireann, it is not directly elected but consists of a mixture of members chosen by... (1st ref. bill) |
Passed | |||||
| 12 June 2008 | First Referendum | 47% | 53% | N/A | |||
| 8 July 2009 | Dáil Éireann Dáil Éireann Dáil Éireann is the lower house, but principal chamber, of the Oireachtas , which also includes the President of Ireland and Seanad Éireann . It is directly elected at least once in every five years under the system of proportional representation by means of the single transferable vote... (2nd ref. bill) |
Passed | |||||
| 9 July 2009 | Senate Seanad Éireann Seanad Éireann is the upper house of the Oireachtas , which also comprises the President of Ireland and Dáil Éireann . It is commonly called the Seanad or Senate and its members Senators or Seanadóirí . Unlike Dáil Éireann, it is not directly elected but consists of a mixture of members chosen by... (2nd ref. bill) |
Passed | |||||
| 2 October 2009 | Second Referendum | 67% | 33% | N/A | |||
| 15 October 2009 | Presidential Assent President of Ireland The President of Ireland is the head of state of Ireland. The President is usually directly elected by the people for seven years, and can be elected for a maximum of two terms. The presidency is largely a ceremonial office, but the President does exercise certain limited powers with absolute... |
Granted | |||||
| 21 October 2009 | Dáil Éireann Dáil Éireann Dáil Éireann is the lower house, but principal chamber, of the Oireachtas , which also includes the President of Ireland and Seanad Éireann . It is directly elected at least once in every five years under the system of proportional representation by means of the single transferable vote... (statute bill) |
Passed | |||||
| 22 October 2009 | Senate Seanad Éireann Seanad Éireann is the upper house of the Oireachtas , which also comprises the President of Ireland and Dáil Éireann . It is commonly called the Seanad or Senate and its members Senators or Seanadóirí . Unlike Dáil Éireann, it is not directly elected but consists of a mixture of members chosen by... (statute bill) |
Passed | |||||
| 27 October 2009 | Presidential Assent President of Ireland The President of Ireland is the head of state of Ireland. The President is usually directly elected by the people for seven years, and can be elected for a maximum of two terms. The presidency is largely a ceremonial office, but the President does exercise certain limited powers with absolute... |
Granted | |||||
 Italy |
23 July 2008 | Senate Italian Senate The Senate of the Republic is the upper house of the Italian Parliament. It was established in its current form on 8 May 1948, but previously existed during the Kingdom of Italy as Senato del Regno , itself a continuation of the Senato Subalpino of Sardinia-Piedmont established on 8 May 1848... |
286 | 0 | 0 | 8 August 2008 | |
| 31 July 2008 | Chamber of Deputies Italian Chamber of Deputies The Italian Chamber of Deputies is the lower house of the Parliament of Italy. It has 630 seats, a plurality of which is controlled presently by liberal-conservative party People of Freedom. Twelve deputies represent Italian citizens outside of Italy. Deputies meet in the Palazzo Montecitorio. A... |
551 | 0 | 0 | |||
| 2 August 2008 | Presidential Assent | Granted | |||||
 Latvia |
8 May 2008 | Parliament Saeima Saeima is the parliament of the Republic of Latvia. It is a unicameral parliament consisting of 100 members who are elected by proportional representation, with seats allocated to political parties which gain at least 5% of the popular vote. Elections are scheduled to be held once every four years,... |
70 | 3 | 1 | 16 June 2008 | |
| 28 May 2008 | Presidential Assent | Granted | |||||
 Lithuania |
8 May 2008 | Parliament Seimas The Seimas is the unicameral Lithuanian parliament. It has 141 members that are elected for a four-year term. About half of the members of this legislative body are elected in individual constituencies , and the other half are elected by nationwide vote according to proportional representation... |
83 | 5 | 23 | 26 August 2008 | |
| 14 May 2008 | Presidential Assent | Granted | |||||
 Luxembourg |
29 May 2008 | Chamber of Deputies Chamber of Deputies of Luxembourg The Chamber of Deputies , abbreviated to the Chamber, is the unicameral national legislature of Luxembourg. 'Krautmaart' is sometimes used as a metonym for the Chamber, after the square on which the Hôtel de la Chambre is located.... |
47 | 1 | 3 | 21 July 2008 | |
| 3 July 2008 | Ducal Assent Grand Duke of Luxembourg The Grand Duke of Luxembourg is the sovereign monarch and head of state of Luxembourg. Luxembourg has been a grand duchy since 15 March 1815, when it was elevated from a duchy when placed in personal union with the United Kingdom of the Netherlands... |
Granted | |||||
 Malta |
29 January 2008 | House of Representatives House of Representatives of Malta The House of Representatives is the unicameral legislature of Malta and a component of the Parliament of Malta.The House is composed of an odd number of members elected for a five year term... |
65 | 0 | 0 | 6 February 2008 | |
 Netherlands |
5 June 2008 | House of Representatives | 111 | 39 | 0 | 11 September 2008 | |
| 8 July 2008 | Senate | 60 | 15 | 0 | |||
| 10 July 2008 | Royal Assent Monarchy of the Netherlands The Netherlands has been an independent monarchy since 16 March 1815, and has been governed by members of the House of Orange-Nassau since.-Constitutional role and position of the monarch:... |
Granted | |||||
 Poland |
1 April 2008 | House of Representatives | 384 | 56 | 12 | 12 October 2009 | |
| 2 April 2008 | Senate | 74 | 17 | 6 | |||
| 9 April 2008 | Presidential Assent | Granted | |||||
 Portugal |
23 April 2008 | Assembly of the Republic Assembly of the Republic The Assembly of the Republic is the Portuguese parliament. It is located in a historical building in Lisbon, referred to as Palácio de São Bento, the site of an old Benedictine monastery... |
208 | 21 | 0 | 17 June 2008 | |
| 9 May 2008 | Presidential Assent President of Portugal Portugal has been a republic since 1910, and since that time the head of state has been the president, whose official title is President of the Portuguese Republic .... |
Granted | |||||
 Kingdom of Romania |
4 February 2008 | Parliament Parliament of Romania The Parliament of Romania is made up of two chambers:*The Chamber of Deputies*The SenatePrior to the modifications of the Constitution in 2003, the two houses had identical attributes. A text of a law had to be approved by both houses... |
387 | 1 | 1 | 11 March 2008 | |
| 6 February 2008 | Presidential Assent President of Romania The President of Romania is the head of state of Romania. The President is directly elected by a two-round system for a five-year term . An individual may serve two terms... |
Granted | |||||
 Slovakia |
10 April 2008 | National Council National Council of the Slovak Republic The National Council of the Slovak Republic , abbreviated to NR SR, is the national parliament of Slovakia. It is unicameral, and consists of 150 MPs, who are elected by universal suffrage under proportional representation every four years.... |
103 | 5 | 1 | 24 June 2008 | |
| 12 May 2008 | Presidential Assent President of Slovakia The President of Slovakia is the head of state of Slovakia. The President is directly elected by the people for five years, and can be elected for a maximum of two consecutive terms. The presidency is largely a ceremonial office, but the President does exercise certain limited powers with absolute... |
Granted | |||||
 Slovenia |
29 January 2008 | National Assembly National Assembly (Slovenia) The National Assembly is the general representative body of the Slovenian nation. According to the Constitution of Slovenia and the Constitutional Court of Slovenia, it is the major part of the distinctively incompletely bicameral legislative branch of the Republic of Slovenia. It is unicameral... |
74 | 6 | 0 | 24 April 2008 | |
| 7 February 2008 | Presidential Assent President of Slovenia The function of President of the Republic of Slovenia was established on 23 December 1991, when the National Assembly of Slovenia passed a new constitution as a result of independence from Socialist Federal Republic of Yugoslavia.... |
Granted | |||||
 Spain |
26 June 2008 | Congress of Deputies | 322 | 6 | 2 | 8 October 2008 | |
| 15 July 2008 | Senate Spanish Senate The Senate of Spain is the upper house of Spain's parliament, the . It is made up of 264 members: 208 elected by popular vote, and 56 appointed by the regional legislatures. All senators serve four-year terms, though regional legislatures may recall their appointees at any time.The last election... |
232 | 6 | 2 | |||
| 30 July 2008 | Royal Assent | Granted | |||||
 Sweden |
20 November 2008 | Parliament Parliament of Sweden The Riksdag is the national legislative assembly of Sweden. The riksdag is a unicameral assembly with 349 members , who are elected on a proportional basis to serve fixed terms of four years... |
243 | 39 | 13 | 10 December 2008 | |
 United Kingdom |
11 March 2008 | House of Commons British House of Commons The House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members... |
346 | 206 | 16 July 2008 | ||
| 18 June 2008 | House of Lords House of Lords The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster.... |
Passed | |||||
| 19 June 2008 | Royal Assent Monarchy of the United Kingdom The monarchy of the United Kingdom is the constitutional monarchy of the United Kingdom and its overseas territories. The present monarch, Queen Elizabeth II, has reigned since 6 February 1952. She and her immediate family undertake various official, ceremonial and representational duties... |
Granted | |||||
| Turnout: 1,621,037 (53.13%); 6,171 (0.4%) spoilt; 752,451 (46.6%) for, 862,415 (53.4%) against. | |||||||
| Turnout: 1,816,098 (59.0%); 7,224 (0.4%) spoilt; 1,214,268 (67.1%) for, 594,606 (32.9%) against. | |||||||
Czech Republic
Both houses of the Czech parliament have ratified the treaty, in February and May 2009. However, President Václav KlausVáclav Klaus
Václav Klaus is the second President of the Czech Republic and a former Prime Minister .An economist, he is co-founder of the Civic Democratic Party, the Czech Republic's largest center-right political party. Klaus is a eurosceptic, but he reluctantly endorsed the Lisbon treaty as president of...
was opposed to the ratification of the Lisbon Treaty at that time. He called for the process to be brought to an end and stated that he was in "no hurry" to ratify the document. In September 2008, he had also stated that he would not sign the treaty until Ireland had ratified it.
Prior to that, President Klaus stated that he was awaiting the verdict of the Constitutional Court concerning a complaint submitted by senators against certain parts of the treaty. The Court dismissed this complaint on 26 November 2008. However, the senators proceeded to request the Constitutional Court to assess the treaty as a whole. On 29 September 2009 a group of Czech senators lodged a fresh complaint with the Constitutional Court. According to Czech Constitution, the treaty cannot be ratified until a ruling of the Constitutional Court is delivered.
Beside the constitutional challenge president Klaus, notwithstanding Czech parliament approval of the treaty, asked for an opt-out
Opt-outs in the European Union
In general, the law of the European Union is valid in all of the twenty-seven European Union member states. However, occasionally member states negotiate certain opt-outs from legislation or treaties of the European Union, meaning they do not have to participate in certain policy areas...
from the Charter of Fundamental Rights of the European Union
Charter of Fundamental Rights of the European Union
The Charter of Fundamental Rights of the European Union enshrines certain political, social, and economic rights for European Union citizens and residents, into EU law. It was drafted by the European Convention and solemnly proclaimed on 7 December 2000 by the European Parliament, the Council of...
. He said that, were the charter to gain full legal strength, it would jeopardise the Beneš decrees
Beneš decrees
Decrees of the President of the Republic , more commonly known as the Beneš decrees, were a series of laws that were drafted by the Czechoslovak Government-in-Exile in the absence of the Czechoslovak parliament during the German occupation of Czechoslovakia in World War II and issued by President...
, and in particular the decree that confiscated, without giving compensation, the properties of Germans and Hungarians during the Second World War. These decrees are still part of the domestic law of both Czech Republic
Czech Republic
The Czech Republic is a landlocked country in Central Europe. The country is bordered by Poland to the northeast, Slovakia to the east, Austria to the south, and Germany to the west and northwest....
and Slovakia
Slovakia
The Slovak Republic is a landlocked state in Central Europe. It has a population of over five million and an area of about . Slovakia is bordered by the Czech Republic and Austria to the west, Poland to the north, Ukraine to the east and Hungary to the south...
(the latter not having requested any exemption from the charter). President Klaus said that this opt out is therefore a necessary condition for him to sign the document. It should be noted that this argument had been already invoked by right-wing populists, when both countries were ready to accede
Enlargement of the European Union
The Enlargement of the European Union is the process of expanding the European Union through the accession of new member states. This process began with the Inner Six, who founded the European Coal and Steel Community in 1952...
to the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
. In 2002 the EU Commission asked a legal opinion on compatibility of the decrees with the EU treaties. In the opinion it was argued that, were the Beneš decrees enacted today, they would breach EU treaties, but since they were enacted in 1945 their status would have been unaffected. The opinion quotes a sentence on this subject by the European Court of Human Rights
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
in order to explain that, even if the EU, as the European Convention on Human Rights and Fundamental Freedoms, recognises the right to ownership as a fundamental right, the treaties cannot have a retroactive effect:
In the opinion it's also noted that, even if those clauses concerning property rights were enforceable, EU would not have any say on this as the Treaty establishing the European Community explicitly states (art. 295) that
This clause has been slightly reworded by the Lisbon Treaty in order to make it refer to both the TEU
Maastricht Treaty
The Maastricht Treaty was signed on 7 February 1992 by the members of the European Community in Maastricht, Netherlands. On 9–10 December 1991, the same city hosted the European Council which drafted the treaty...
and TFEU treaties and is going to become article 345 of the TFEU.
On 2 October 2009, Ireland voted for the treaty in the second referendum, thereby removing one of Klaus's earlier objections to him signing the treaty. On 12 October 2009, the Czech government agreed to adopt Klaus's demand as its own assuming that the president would sign if they successfully negotiated the opt-out, and if the Constitutional Court ruled that the treaty was compatible with the Czech constitution. The opt-out was agreed by other member states of the EU in the European Council on 29 October 2009.
On 3 November 2009, the Czech Constitutional Court approved the treaty, clearing the way for President Klaus to sign it, which he did that afternoon. The Czech instrument of ratification was then deposited with the Italian Government on 13 November 2009.
Germany
Germany ratified the Lisbon Treaty in September 2009 after having placed on hold some fifteen months earlier. Both houses of the bicameralBicameralism
In the government, bicameralism is the practice of having two legislative or parliamentary chambers. Thus, a bicameral parliament or bicameral legislature is a legislature which consists of two chambers or houses....
German parliament approved of the Treaty of Lisbon 24 April and 23 May 2008. However, formal ratification required the signature of the President
President of Germany
The President of the Federal Republic of Germany is the country's head of state. His official title in German is Bundespräsident . Germany has a parliamentary system of government and so the position of President is largely ceremonial...
, which was withheld pending a ruling from the Constitutional Court on the treaty's compatibility with Germany's constitution
Basic Law for the Federal Republic of Germany
The Basic Law for the Federal Republic of Germany is the constitution of Germany. It was formally approved on 8 May 1949, and, with the signature of the Allies of World War II on 12 May, came into effect on 23 May, as the constitution of those states of West Germany that were initially included...
. This followed a challenge launched by German Bundestag
Bundestag
The Bundestag is a federal legislative body in Germany. In practice Germany is governed by a bicameral legislature, of which the Bundestag serves as the lower house and the Bundesrat the upper house. The Bundestag is established by the German Basic Law of 1949, as the successor to the earlier...
member Peter Gauweiler
Peter Gauweiler
Peter Gauweiler is a German politician, and a member of Bavaria's Christian Social Union in the German Bundestag. Since 2006, Gauweiler is the Chairman of the Sub-Committee on Foreign cultural and educational policies of the Foreign Affairs Committee of the German Bundestag...
, a member of Bavaria
Bavaria
Bavaria, formally the Free State of Bavaria is a state of Germany, located in the southeast of Germany. With an area of , it is the largest state by area, forming almost 20% of the total land area of Germany...
's Christian Social Union
Christian Social Union of Bavaria
The Christian Social Union in Bavaria is a Christian democratic and conservative political party in Germany. It operates only in the state of Bavaria, while its sister party, the Christian Democratic Union , operates in the other 15 states of Germany...
(CSU) who, among others, claimed that the treaty was unconstitutional. Mr. Gauweiler had launched a similar challenge to the European Constitution in 2005 but after its failure, the Constitutional Court made no ruling on it.
The Constitutional Court held oral hearings on 10 and 11 February 2009. In its 30 June 2009 decision the Court stated that while the treaty was compatible with the Basic Law, an accompanying German statute, relating to powers of the German Parliament to supervise how the German government votes at Union level, granted insufficient powers to the German Parliament. Ratification of the treaty would require the stronger oversight powers. The 147 page-long ruling focuses on the structure of the European Union according to the Lisbon Treaty and its relationship with the Basic Law. It comes to the conclusion that the treaty does not create a European federal state (which would invalidate the Basic Law and require a referendum), that the structural democratic deficit
Democratic deficit
A democratic deficit is considered to be occurring when ostensibly democratic organizations or institutions are seen to be falling short of fulfilling the principles of the parliamentary democracy in their practices or operation where representative and linked parliamentary integrity becomes...
of the EU institutions cannot be resolved in an association of sovereign national states (since it would break the principle of the equality of states), and that the substance of German state authority is protected.
The Bundestag held an extraordinary session on 26 August 2009 to examine a draft law on strengthening parliamentary oversight. On 8 September, the bill was passed by 446 votes to 46 with 2 abstentions. After the Bundesrat gave its unanimous approval on 18 September, the law was signed into force by the German President
President of Germany
The President of the Federal Republic of Germany is the country's head of state. His official title in German is Bundespräsident . Germany has a parliamentary system of government and so the position of President is largely ceremonial...
on 23 September 2009 and published in the official gazette on 24 September. The president signed the German instrument of ratification of the Treaty of Lisbon on 25 September 2009, after which it was deposited in Rome by the German Ambassador.
Ireland
Ireland ratified the Lisbon Treaty on 23 October 2009, after having initially put the whole process into doubt by rejecting the treaty in a referendum held in June 2008. Ireland was the only Member State to hold a referendum on the treaty and this initial referendum was a major reason why the treaty failed to come into force on 1 January 2009 as planned. A second referendum held on 2 October 2009 approved the treaty.Background
In 1987 the Irish Supreme Court ruled that changes to the "scope and objectives" of the Treaty of Rome proposed by the Single European ActSingle European Act
The Single European Act was the first major revision of the 1957 Treaty of Rome. The Act set the European Community an objective of establishing a Single Market by 31 December 1992, and codified European Political Cooperation, the forerunner of the European Union's Common Foreign and Security Policy...
, did not fall within the 1972 constitutional provisions enacted in order to allow the state to join the European Communities
European Communities
The European Communities were three international organisations that were governed by the same set of institutions...
, and would require an ad hoc Constitutional amendment authorising the state to ratify the treaty. As a consequence of this decision, Ireland has held referendums for every major European Union treaty since the Single European Act itself. The decision on whether to hold a referendum or not is a matter for the Irish government, acting on the unpublished advice of the Attorney-General. A decision not to hold a referendum would be reviewable by the Courts.
In June 2007, while the treaty was still in draft form, the government had already indicated that referendum would be held on the then Reform Treaty.
The first referendum
In the first referendum, all members from the three government parties supported the yes campaign, as did all the opposition parties with members in the OireachtasOireachtas
The Oireachtas , sometimes referred to as Oireachtas Éireann, is the "national parliament" or legislature of Ireland. The Oireachtas consists of:*The President of Ireland*The two Houses of the Oireachtas :**Dáil Éireann...
, with the exception of Sinn Féin
Sinn Féin
Sinn Féin is a left wing, Irish republican political party in Ireland. The name is Irish for "ourselves" or "we ourselves", although it is frequently mistranslated as "ourselves alone". Originating in the Sinn Féin organisation founded in 1905 by Arthur Griffith, it took its current form in 1970...
. The Green Party
Green Party (Ireland)
The Green Party is a green political party in Ireland. It was founded as the Ecology Party of Ireland in 1981 by Dublin teacher Christopher Fettes. The party became the Green Alliance in 1983 and in 1987 was renamed to its current title in English...
, while being a party in the government, did not officially take a line, having failed to reach a two-thirds majority either way at a party congress in January 2008, leaving members free to decide. Most Irish trade unions and business organisations also supported the yes campaign. Those campaigning for the no vote included political parties Republican Sinn Féin
Republican Sinn Féin
Republican Sinn Féin or RSF is an unregisteredAlthough an active movement, RSF is not registered as a political party in either Northern Ireland or the Republic of Ireland. minor political party operating in Ireland. It emerged in 1986 as a result of a split in Sinn Féin...
, Sinn Féin
Sinn Féin
Sinn Féin is a left wing, Irish republican political party in Ireland. The name is Irish for "ourselves" or "we ourselves", although it is frequently mistranslated as "ourselves alone". Originating in the Sinn Féin organisation founded in 1905 by Arthur Griffith, it took its current form in 1970...
, lobby group Libertas, the People Before Profit Alliance
People Before Profit Alliance
The People Before Profit Alliance is an Irish political party formed in October 2005. It is active in both the Republic of Ireland and Northern Ireland.-Overview:It was established by the Socialist Workers Party...
and the Socialist Party
Socialist Party (Ireland)
The Socialist Party is a socialist political party active in Ireland. It is a member of the Committee for a Workers' International .Formerly known as Militant Tendency, then Militant Labour, it adopted the name The Socialist Party in 1996. From their foundation in 1972 until the 1980s, members of...
.
The result of the referendum on 12 June 2008 was in opposition to the treaty, with 53.4% against the Treaty and 46.6% in favour, in a 53.1% turnout. A week later, the results of a Eurobarometer
Eurobarometer
Eurobarometer is a series of surveys regularly performed on behalf of the European Commission since 1973. It produces reports of public opinion of certain issues relating to the European Union across the member states...
survey conducted hours after the vote were released, indicating why the electorate voted as they did. On 10 September, the government published the more in-depth research analysis on voters' stated reasons for voting yes or no: this concluded that the primary reason for rejection was "lack of knowledge/information/ understanding".
The second referendum
First plans for a revote appeared in July 2008: the term of the current European Commission would be extended until the Lisbon Treaty comes into force, member states would agree not to reduce the number of Commissioners and Ireland would hold another vote in September or October 2009 after receiving guarantees on abortion, taxation and military neutrality. On 12 December 2008 the TaoiseachTaoiseach
The Taoiseach is the head of government or prime minister of Ireland. The Taoiseach is appointed by the President upon the nomination of Dáil Éireann, the lower house of the Oireachtas , and must, in order to remain in office, retain the support of a majority in the Dáil.The current Taoiseach is...
, Brian Cowen
Brian Cowen
Brian Cowen is a former Irish politician who served as Taoiseach of Ireland from 7 May 2008 to 9 March 2011. He was head of a coalition government led by Fianna Fáil which until 23 January 2011 had the support of the Green Party and independent TDs.Cowen was also leader of Fianna Fáil from 7 May...
confirmed that a second referendum would be held, after an EU leaders summit agreed to keep 1 Commissioner per member state and to incorporate legally binding guarantees on abortion, taxation and military neutrality in the Croatian Accession Treaty.
The second referendum on the treaty took place on 2 October 2009. The final result was 67.1% in favour to 32.9% against, with a turnout of 59%.
Completing ratification
The referendum bill, which has become the 28th Amendment to the Irish Constitution, was signed into law by President Mary McAleeseMary McAleese
Mary Patricia McAleese served as the eighth President of Ireland from 1997 to 2011. She was the second female president and was first elected in 1997 succeeding Mary Robinson, making McAleese the world's first woman to succeed another as president. She was re-elected unopposed for a second term in...
on 15 October 2009. The Oireachtas
Oireachtas
The Oireachtas , sometimes referred to as Oireachtas Éireann, is the "national parliament" or legislature of Ireland. The Oireachtas consists of:*The President of Ireland*The two Houses of the Oireachtas :**Dáil Éireann...
then proceeded to enact a law to incorporate the treaty into Irish law. The domestic ratification having been completed, the Irish government lodged Ireland's instrument of ratification with the Italian government on 23 October 2009.
Poland
Shortly after Ireland's first referendum, Polish President Lech KaczyńskiLech Kaczynski
Lech Aleksander Kaczyński was Polish lawyer and politician who served as the President of Poland from 2005 until 2010 and as Mayor of Warsaw from 2002 until 22 December 2005. Before he became a president, he was also a member of the party Prawo i Sprawiedliwość...
had said that it would have been pointless to give his final signature before a solution to the Irish no vote could be found. While the President had previously signed a parliamentary bill paving the way for Polish ratification, he had declined to sign the ratification instrument of the treaty. After the Irish electorate had approved the treaty in the second referendum, President Kaczyński then signed Poland's instrument of ratification on 10 October 2009. The instrument was lodged with the Italian government in Rome on 12 October 2009.
Other votes
The European Parliament and one special territory of a member state carry out votes on the treaties. With respect to these territories a rejection could result in the treaty not applying to the territories in question, although this depends on the domestic laws applicable to the territories in question. The votes do not affect the overall ratification process and the treaty could come into force whether these entities approve the treaty or not.| Territory / body | Conclusion date | Institution | AB Abstention Abstention is a term in election procedure for when a participant in a vote either does not go to vote or, in parliamentary procedure, is present during the vote, but does not cast a ballot. Abstention must be contrasted with "blank vote", in which a voter casts a ballot willfully made invalid by... |
Ref. | ||
|---|---|---|---|---|---|---|
 European ParliamentEuropean Parliament The European Parliament is the directly elected parliamentary institution of the European Union . Together with the Council of the European Union and the Commission, it exercises the legislative function of the EU and it has been described as one of the most powerful legislatures in the world... |
20 February 2008 | European Parliament European Parliament The European Parliament is the directly elected parliamentary institution of the European Union . Together with the Council of the European Union and the Commission, it exercises the legislative function of the EU and it has been described as one of the most powerful legislatures in the world... |
525 | 115 | 29 | |
 Åland Islands |
25 November 2009 | Parliament Parliament of Åland The Lagting, or Lagtinget, is the parliament of Åland, an autonomous, demilitarised and unilingually Swedish-speaking territory of Finland. The Lagting has 30 seats.- Elections :- See also :*Government of Åland, or Ålands landskapsregering... |
24 | 6 | 0 |
Åland Islands
On 25 November 2009 the Parliament of Åland IslandsParliament of Åland
The Lagting, or Lagtinget, is the parliament of Åland, an autonomous, demilitarised and unilingually Swedish-speaking territory of Finland. The Lagting has 30 seats.- Elections :- See also :*Government of Åland, or Ålands landskapsregering...
, an autonomous region in Finland, approved the Lisbon Treaty by as majority of 24 votes to six,
well exceeding the required majority of two-thirds of the cast votes. A rejection of the Treaty by Åland
Åland Islands
The Åland Islands form an archipelago in the Baltic Sea. They are situated at the entrance to the Gulf of Bothnia and form an autonomous, demilitarised, monolingually Swedish-speaking region of Finland...
would not have prevented the Treaty from coming into force.
The Islands' government had been looking to maintain the Islands' seat in the European Parliament
European Parliament
The European Parliament is the directly elected parliamentary institution of the European Union . Together with the Council of the European Union and the Commission, it exercises the legislative function of the EU and it has been described as one of the most powerful legislatures in the world...
and to gain the right to defend the Islands' implementation of EU law
European Union law
European Union law is a body of treaties and legislation, such as Regulations and Directives, which have direct effect or indirect effect on the laws of European Union member states. The three sources of European Union law are primary law, secondary law and supplementary law...
when they are challenged before the European Court of Justice
European Court of Justice
The Court can sit in plenary session, as a Grand Chamber of 13 judges, or in chambers of three or five judges. Plenary sitting are now very rare, and the court mostly sits in chambers of three or five judges...
, but only secured the latter. The European Parliamentary seat was lost in line with the general reduction of seats in the European Parliament.
Court cases
During the course of the ratification procedure, the Lisbon Treaty was, and still is, a subject of court rulings which shape the interpretation of the Treaty in certain Member States, but have no legal bearing on the interpretation in other countries or on a European Union level.Germany – Constitutional Court
During the German ratification procedure, the constitutionality of the treaty was challenged. On 30 June 2009, the Federal Constitutional Court of GermanyFederal Constitutional Court of Germany
The Federal Constitutional Court is a special court established by the Grundgesetz, the German basic law...
issued an opinion regarding the treaty. The opinion stated that the Treaty was compatible with Germany's Basic Law
Basic Law for the Federal Republic of Germany
The Basic Law for the Federal Republic of Germany is the constitution of Germany. It was formally approved on 8 May 1949, and, with the signature of the Allies of World War II on 12 May, came into effect on 23 May, as the constitution of those states of West Germany that were initially included...
. In addition, the opinion elaborated on the interpretation of the intergovernmental treaties
Intergovernmentalism
-A theory of regional integration:The theory is not applied on European integration which rejects the idea of neofunctionalism. The theory, initially proposed by Stanley Hoffmann suggests that national governments control the level and speed of European integration. Any increase in power at...
underlying the European Union. The 147-page ruling focused on the structure of the European Union that will be established after the Lisbon Treaty goes effective and its relationship with the Basic Law. The opinion concludes that the Treaty does not create a European federal state (which would invalidate the Basic Law and require a referendum in Germany), that the structural democratic deficit
Democratic deficit
A democratic deficit is considered to be occurring when ostensibly democratic organizations or institutions are seen to be falling short of fulfilling the principles of the parliamentary democracy in their practices or operation where representative and linked parliamentary integrity becomes...
of the EU institutions cannot be resolved in an association of sovereign national states (since it would break the principle of the equality of states), and that the substance of German national sovereignty is protected. While the Court considered the Treaty (and the German statute incorporating it into German Law and authorising the Treaty's ratification) compatible with the German Basic Law, it also found that an accompanying statute, that dealt with the German Parliament's powers of oversight over the votes cast by the representatives of the German Government within the EU's institutions granted insufficient powers to the German Parliament, in a manner incompatible with the Basic Law, so that Germany's ratification of the Treaty was to be stayed until the statute in question was amended so as to include provision recognising that in certain cases the German representative was only to cast a vote once the authorisation of the German Parliament was obtained. In addition, the judges reserved the right to overrule judgments by the European Court of Justice (ECJ) within Germany, if they should be judged in violation of the Basic Law. In accordance with the ruling, the German Parliament passed a bill amending the statute that dealt with the German Parliament's powers of oversight, and, once the increased control of the German Parliament over the actions of Germany's representatives was enshrined into law, the German President proceeded with the signing of the instrument of ratification.
Czech Republic – Constitutional Court
Two constitutional challenges have been lodged with the Czech Constitutional Court. In November 2008, the Constitutional Court concluded that "The Treaty of Lisbon amending the Treaty on European Union and Treaty on establishing the European Community and Charter of Fundamental Rights of the European Union are not in conflict with the constitutional order. [...] The EU integration process is not taking place in a radical way, which would lead to a "loss" of national sovereignty, but it is an evolutionary process." In September 2009, the Constitutional Court received a second constitutional challenge again alleging that the Lisbon Treaty is not compatible with the Czech Constitution. A public hearing has been scheduled for 27 October 2009 dealing with the second constitutional challenge. The Court announced that they had received all legal briefs required to make a decision as of 16 October 2009. The Czech constitutional court ruled that the Lisbon Treaty is compatible with the Czech constitution on 3 November 2009.United Kingdom – High Court
A case was brought against the UK government by Stuart WheelerStuart Wheeler
Stuart Wheeler is a British businessman and politician. He made his fortune as the founder of the spread betting firm IG Index in 1974, but is best known for his political activism, being formerly a major donor to the Conservative Party and since 2011, has been treasurer of the United Kingdom...
. Mr Wheeler claimed the government was legally bound by an election promise to hold a referendum on the Lisbon Treaty. The government asserted that the promise was no longer valid as it was the Constitutional Treaty for which a referendum was promised, and that the Lisbon Treaty was fundamentally different in content and in nature (being an amending treaty rather than a constitution). The court could not find anything unlawful in the government's ratification of the treaty and the case was rejected. The case was appealed but was once more rejected. During the period of the trial the government refrained from fully ratifying the treaty.
Poland – Potential Constitutional Court Cases
On 24 November 2010 the Polish Constitutional Tribunal rejected a case brought by a group of senators challenging the national measures put in place in PolandPoland
Poland , officially the Republic of Poland , is a country in Central Europe bordered by Germany to the west; the Czech Republic and Slovakia to the south; Ukraine, Belarus and Lithuania to the east; and the Baltic Sea and Kaliningrad Oblast, a Russian exclave, to the north...
in order to ratify the treaty.