By Martin Banks - 12th March 2008
German government plans to approve the controversial EU reform treaty could be delayed for months, it has emerged.
A legal challenge to the document by the third largest political party in Germany could hold up ratification, sparking fears that the EU's biggest member state may not sign off the treaty in time for it to come into effect on 1 January 2009 as planned.
Nigel Farage, leader of the UK Independence Party, said any legal move could have major implications for the EU.
“It is not an exaggeration to say that this has the capacity to halt the treaty completely in its tracks,” he said.
Die Linke (The Left), which has 53 MPs in the 613-strong German Bundestag, is considering bringing a case to the country's constutitonal court, claiming that the treaty undermines German national sovereignty.
It has been joined by Peter Gauweiler, a well-known, centre-right politician from the CSU, one of the governing parties in the German government.
German parliamentarians are widely expected to endorse the treaty,which provides for a long-term president of the European Council of EU leaders, when it comes before its parliament on 9 May.
But the text then needs to be signed off by the country's president, Horst Kohler.
If, as seems likely, Die Linke and Gauweiler press ahead with a legal case, Mr Kohler will have to decide whether to go ahead and sign off the treaty anyway or wait for the constitutional court to make a ruling.
In 2005, Gauweiler mounted a legal challenge to the 'old' EU consitution, complaining that it took too much power away from the county's national parliament.
On that occasion, Mr Kohler refused to sign off the German law approving the document, which, soon afterwards, was rejected by voters in France and the Netherlands.
Gauweiler and Die Linke insist there is little or no difference between the EU constitution and the so-called Lisbon treaty.
It is possible for Mr Kohler to sign off the treaty even if the court is examining it, but such a move is considered politically difficult.
“It would be hugely embarrassing for the president if he were to sign off the text and say it is legal only for judges in the constitutional court, the highest court in the land, to turn round and say it is not,” said a diplomatic source.
German Socialist MEP Jo Leinen, chairman of parliament's consitutional affairs committee, said: “If there is a legal challenge there is a risk that it could delay the whole ratification process.
“There is concern over this because several members of the constitutional court are known Eurosceptics and are thought to be unhappy that the treaty will give more powers to the European court at their expense.
In addition, Die Linke cannot be dismissed because the party is growing in popularity.”
So far Hungary, France, Slovenia, Malta and Romania have ratified the text, which needs to be approved by all 27 EU member states for it to come into force. Only Ireland plans to hold a referendum.
All 26 other member states intend to ratify the text by parliamentary procedure.
Farage, who repeated his call for a referendum on the issue when parliament recently approved the treaty, said that any delay in German ratification could have a serious knock-on effect.
“This is all about the primacy of law and whether EU legislation should have precedence over EU law.Make no mistake – if any legal challenge is successfully upheld, it could stop Germany from ratifying the treaty which, in turn, could destroy thing altogether.”
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