Klaus, the filibusterer

Hot on the heels of the Irish referendum, the Polish President, Lech Kaczyniski, stuck to his word and signed the Lisbon Treaty, making Poland the 26th member state to ratify it. That leaves just one country - the Czech Republic - with an outstanding ratification process and with its own story to tell.

Now it has to be recalled that the two chambers of the Czech Republic have already approved the treaty last year and all that is left is the formality of the ratification law being signed by the President of the Republic. Some formality. The Czech President, Vaclav Klaus, a notorious euro-sceptic, had already vowed not to sign the law until the Irish referendum. But when that passed, he changed the goalposts and came up with new excuses. He first said that he would not sign until the Czech Court ruled on a legal challenge on the compatibility of the treaty with the Czech Constitution. The court has set the first hearing of that case for the end of this month. But Mr Klaus went further. He now wants his country to obtain an exemption (or opt-out) from the EU Human Rights Charter that is annexed to the treaty as a condition for signing. He claims that such an opt-out would protect the interests of Czech citizens on sensitive property issues. He points to the UK and Poland as two countries that had obtained such an opt-out - without adding that they did so in good time when negotiations were still under way and not when the ratification process was almost complete.

It all goes back to the post-war period when the Czech Republic (then Czechoslovakia) expelled millions of ethnic "Sudenten" Germans for purportedly being collaborators in the war. Now, decades later, the Czechs who took over the property fear that the Germans would be back with claims for restitution. Wily Mr Klaus jumped onto their fears to claim that the Lisbon Treaty's Human Rights Charter could be used by Germany to get their property back. Hence his request for an opt-out.

In fact, the Lisbon Treaty would do no such thing since the Charter only applies with respect to the Union's sphere of action (Czech property is not) and if anything, human rights claims based on the right to property are already subject to the review of the Council of Europe's (not the EU's) European Convention of Human Rights. In setting his sights on the Lisbon Treaty, Mr Klaus is therefore aiming at the wrong target.

Needless to say, Mr Klaus has created a new obstacle for the beleaguered Lisbon Treaty since, as we know, it cannot enter into force until all 27 EU countries have fully signed up and endorsed it. Mr Klaus' signature is therefore more than just a formality. The impasse has created waves in the Czech political establishment making it look like an unrealiable European partner after having first signed up to a treaty and then failed to deliver its ratification, raising issues that could easily have been raised earlier.

Internally, Mr Klaus' defiance also creates issues of a constitutional nature. Imagine if the Maltese Parliament passed laws only for our President of the Republic to arbitrarily defy Parliament's will and refuse to sign them. It would create a constitutional crisis that could easily end up in his resignation, if not impeachment.

So what to do? Brussels has leapt into action to try and find a way out. Following a meeting between Czech Prime Minister Jan Fischer and the presidents of the three key EU institutions, it was agreed that the EU would consider Mr Klaus' request if, in turn, he committed himself not to come up with new requests. No such guarantee has been forthcoming. Mr Klaus may well be basking in the lightlight of his newly found euro-sceptic notoriety. And true, his actions cannot openly be criticised at high levels since he remains a head of state of an EU Member State. But, as the Americans would call it, his actions are increasingly perceived as filibustering - that is, an attempt to delay things using different tactics. In the process, Mr Klaus is becoming a nuisance and an embarrassment to his country and this reflects badly on its commitment to the European Union.

Each country is free to join the European Union and free to stay out. With the Lisbon Treaty each country is also free to leave after it has joined. But once you are in, it is only fair and proper to be a good member of the club and to behave in a spirit of loyal co-operation. Mr Klaus' filibustering does none of this.

Dr Busuttil is a Nationalist member of the European Parliament.