Character of Treaty on stability, coordination and governance in the economic and monetary union being concluded among eurozone members in terms of the requirements of the constitutional order of the Czech republic on the process of its ratification
Abstract
The submitted opinion concerns the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union in terms of the requirements of the constitutional order of the Czech Republic on the process of its ratification. Since the Treaty itself is negotiated only between the states using the euro as their currency, the author concludes it is not an agreement which would be part of European primary law.
It is necessary to consider whether the ratification of the Treaty requires the Parliament to give its consent under the Article 10a or Article 10 of the Czech Constitution. As the fundamental fact author sees that the Treaty establishes a specific decision-making and control mechanisms that are implemented to some extent independently of the existing EU law.
If there are included in the Treaty new decision-making procedures, it is necessary to conclude that the contract has to be classified under Article 10a of the Constitution. Finally, the author also argues in favor of the Article 10a, by the need to protect the fundamental constitutional principles.
Second possibility, conform with the Constitution, is to give the consent to ratification in a referendum. In that case it would be necessary to approve a special constitutional law and the referendum would have to be held in the period after signing the contract, but before its anticipated ratification.