The German Lisbon Treaty by-law: Negotiations approaching an end

The ratification of the Lisbon Treaty in Germany is coming closer, with intensive negotiations between different federal levels and political parties coming to an end.

According to several press reports (e.g. here or here), the revised Lisbon by-law that had to be reformed after the decision of the German Constitutional Court will massively strengthen the German Länder (the federal regions).

The draft by-law is not yet published - at least I did not find it - but there seems to be the agreement that not only the Bundestag - the German parliament - but also the Länder through the Bundesrat - the second chamber where the Länder are represented to co-decide in all matters that concern their legal competencies - will receive substantial participation rights in EU affairs.

The extreme time pressure to finalise the Lisbon ratification before the end of the term of this Bundestag (before the elections on 27 September) and thus also before the Lisbon referendum in Ireland has fostered this compromise with many concessions towards the Länder and both legislative chambers.

After this compromise, the German government will not only have to inform both chambers well in advance but also take close-to-binding instructions from both chamber that are already called "emergency brake" because the legislature will be able to bring to a halt the German government when it speaks in the EU or European Council.

As a European I am glad that this will bring us closer to the Lisbon ratification.

As a democrat and citizen I am happy that the parliamentary institutions will be strengthened towards the government.

As a political scientist I know that this will the already complex German politics even more complex, with the 16 federal regions getting more influence in the federal decision making with regard to EU decisions.

I am afraid that this will make EU politics in Germany very complicated, foster multi-level compromises that might be even less democratic and transparent for the public - especially if there is the need for a common German position under time pressure, e.g. ahead of EU or especially European Council meetings - and might therefore slow down European-level compromises in important matters in the end.

But let's wait how the final draft of the by-law will look like - as soon as I get it I will try to make an analysis and to share it with you here on the blog.

Referendum in Latvia failed

Yes, there are still referenda in the European Union that are not EU-related:

In Latvia, a referendum that aimed at giving the population the right to dissolve the parliament has failed due to low turnout (39% instead of >50%).

But since 97% voted in favour of the constitutional amendment, Latvian president Valdis Zatlers (who is without particular political power) has proposed to the parliament to amend the constitution by itself.

Latvia would be the first European country to give its population such a right.

-------------------------
Read also on this topic (updated):

Elia Varela Serra
Baltic Blog
European Voice
Eurotopics

No second referendum in Ireland?

Daniel Hannan, British MEP, reports in his blog after having listened to French president Sarkozy in the European Parliament:

I'm more and more certain that there won't be a second referendum in Ireland. I've just been in the chamber of the European Parliament, listening to Nicolas Sarkozy (and resisting the juvenile impulse to shout levez-vous when the diminutive president rose to speak).

[...]

I can't prove it, of course. I am inferring as much from Sarko's body language and tone as from his words.

I would join Daniel's prediction that there won't be a second referendum in Ireland.

For two reasons: First, this would undermine the credibility of the ratification process. The issue has been much more politicised than in the past and a second referendum would attain too much political attention. And second, politics will be looking for a much secure solution than a referendum. Why? - A second "No!" would be much more disastrous and there is quite a risk that this could happen.