This encapsulates what we knew but adds the twist at the end of the current legal action which is ongoing in Germany.
Christina
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1248
30.11-12.11.09
BRUSSELS SPROUTS
The European Commission is keen to give the impression that the Lisbon Treaty is a done-deal and that everything is proceeding smoothly. But it ain’t quite as simple as that.
It has become clear that the second Irish referendum on the subject set a precedent by allowing countries, in exchange for ratification, to obtain bespoke guarantees, which will be legalised at a future date. This is what Klaus’s opposition has boiled down to: the Czech Republic wants a guarantee that Germans cannot use the treaty to make restitution claims related to expulsions at the end of the Second World War.
If Klaus gets his way, other countries may do the same - Slovakia also wants to protect itself from Second World War claims. But a potentially far more serious problem awaits the Commission in Germany, the EU’s largest country.
As reported in Eye 1241 Germany’s constitutional court said in June that the EU was not properly democratic, the Lisbon Treaty did nothing to correct the “structural democratic deficit” and therefore the EU could not automatically have the final word over the rights of its citizens. These elements have now been incorporated into German law. Germany’s highest court can, in principle, overturn judgements of the European court of justice (ECJ) if it finds that the rights of German citizens have been violated.
Germany starting to say NO if it does not like a Brussels edict could open the door to other countries picking and choosing EU laws. This is certainly not what was intended when the Lisbon Treaty was drafted - it was supposed to consolidate the EU’s power not give an à la carte menu to member states. a test case relating to employment law is now working its way through the system in Germany, with pronouncement by the end of the year. David Cameron and others, looking for Lisbon ‘wriggle-room’ , should watch closely.
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EU-phemisms
EU says ‘ Tony Blair’s history as UK PM shows he has what the EU wants in a leader”
= Translated:
“He sidelined the national elected parliament and pushed through what he wanted”
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