After 2 years finally the last ratification instrument of the Treaty of Lisbon (2007), the signature of the Eurosceptic Czech President Vaclav Klaus, has been implemented. The treaty will enter into force on 1 December 2009.
This was made possible after the Constitutional Court of the Czech Republic had announced its judgment this week, in very clear language, that the Treaty of Lisbon amending the Treaty on European Union (Maastricht 1992) and the Treaty establishing the European Community (Rome 1957) and its ratification are not inconsistent with the constitutional order of the Czech Republic.

Apart from the fear of loosing sovereign powers the ongoing debate on the Beneš-Decrees and the Czech Restitution Laws played an important role in the retarded acceptance of the Lisbon Treaty. The incompatability of these laws with the current European Convention on Human Rights, could invoke new claims from the Sudeten Germans, who were expelled from Czechoslovakia, deprived of their citizenship and properties after World War II.

But the Czech delegation negotiated an opt-out from the European Charter on Fundamental Rights, which is according to art 6 of the Treaty on the European Union as amended by the Lisbon Treaty, an integral part of the treaties.
Now the European institutions can start working on a more democratic, transparent and efficient Union. They must choose a new Commission, a new EU president (president of the European Council), and a person for the new post of High Representative for Foreign Affairs.

Then this unique international law phenomenon, this Union of Citizens and Member States (definition by Jaap Hoeksma, accepted by several gremia, a.o. the Dutch Parliament) can become also a really democratic Union.

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