By Jana Mlcochova
PRAGUE, Nov 23 (Reuters) - A Czech court ruling on the
European Union's reform treaty due on Tuesday may provide some
comfort for Prime Minister Mirek Topolanek ahead of the
country's EU presidency starting in January.
The Constitutional Court is due to rule whether the Lisbon
treaty, meant to streamline EU decision-making in a bloc that
has grown to 27 members, is in line with the Czech constitution.
A positive ruling would unfreeze the ratification process in
parliament, although it could still be tough for Topolanek to
overcome scepticism among his own backbenchers cheered on by the
eurosceptic President Vaclav Klaus.
"In my opinion the court will rule that the treaty is in
line ... that would go along with the much more convincing
arguments of the parties supporting the treaty, such as the
government," said Ivo Slosarcik, who focuses on institutional
issues at the Europeum think-tank.
The Czech Republic is the only EU country that has not put
the treaty to a vote. In 25 EU members, parliaments have
approved the treaty. The document was only rejected in Ireland,
which held a referendum earlier this year, and Irish leaders are
considering ways to amend the decision.
In Germany and Poland, presidents must still sign off on the
treaty, which needs approval by all EU members to enter force.
The Czechs' foot-dragging is among the reasons why their
partners fear their EU presidency may be weak at a time when
Europe needs strong leadership to fight the economic crisis.
"Without the Lisbon treaty the Czech presidency will have no
credibility," said Andrew Duff, a member of the European
Parliament.
NO EASY APPROVAL
While a positive ruling would not guarantee a quick and easy
ratification -- Topolanek has said ratification would likely not
be completed before the presidency starts -- a negative ruling
would be a bigger problem.
It would mean parliament must first change the constitution
before the treaty can be adopted. If the court rules that the
treaty is not in line with the constitution, this could provide
a strong reason for Topolanek's party rivals to drown the deal
outright.
"They could hide behind the constitutional court, saying: We
would have ratified, but we cannot," said Slosarcik.
Jaroslav Sovinsky from the constitutional law department at
the Palacky University said the court would look at whether the
treaty reduces national sovereignty, and the country should drop
the treaty if that is the case.
President Klaus has dug his heels in against ratification by
parliament.
He has refused to say if he will sign the treaty after its
ratification -- which he must do to complete the process -- but
has signalled he may hold out, saying there is no need to
discuss the issue until the Irish change their mind.
Topolanek himself is no big fan of the document, but he
considers it a price worth paying for being in the European
club, which could stand up to an increasingly assertive Russia.
"It is far better ... to kiss the German chancellor than to
hug the Russian bear," he wrote in an article earlier this week.
He has also said the treaty's approval, which needs a 60
percent majority, may hinge on opposition help to ratify a
separate plan to build a U.S. missile defence radar on Czech
soil. The leftist opposition strongly backs Lisbon but opposes
the missile defence plan.
(Writing by Jan Lopatka; Editing by Giles Elgood)
