Luxembourg seeks to keep ratification process alive

By David Cronin and Teresa Kuchler

Date: 09/06/05

Luxembourg's EU presidency was still seeking ways yesterday (8 June) to keep the process for ratifying the EU constitution alive, despite suggestions that it be postponed.

Diplomats say that Prime Minister Jean-Claude Juncker wishes to remind his fellow EU leaders of provisions in the constitution dealing with the eventuality that one or more member states fail to ratify within two years of signing it. These indicate that if four-fifths of all member states have nonetheless succeeded, then EU heads of state and government can decide how to proceed.

The diplomats say that Juncker's position has been influenced by the fact he is committed to having a referendum on the constitution in Luxembourg on 10 July and by the Irish government's announcement that it intends to proceed with its poll, albeit on a date not yet decided.

Yet the UK's announcement that it has shelved plans for a referendum, together with the victory for the 'No' sides in France and the Netherlands, could convince EU leaders to put the ratification process on hold.

So far, 11 EU countries have ratified the constitution. Several of those who have not yet done so have said they will wait until after the EU summit before deciding their approach.

The Danish government has been non-committal on whether it will go ahead with the referendum it had slated for September. An opinion poll by Greens Analyseinstitut found that nearly 40% of the electorate would vote 'No' and 31% 'Yes' if a referendum were held today, with almost 30% in the 'don't know' camp.

Poland's Foreign Minister Adam Rotfeld said that he remained in favour of holding a referendum but the national parliament has still not approved one. An opinion poll published yesterday showed support for the constitution falling from 60% to 40%.

Diplomats say that most government leaders are likely to plead for a freezing of the ratification process, to avoid the constitution being rejected in more member states. "But considering how sensitive the issue is, it is only at the summit, after a fine balancing, that the final decision will be made," one diplomat said.

Article anticipates discussions at the European Council on 16-17 June 2005 whether Member States should proceed with the ratification process of the Constitutional Treaty in spite of its rejection in France and the Netherlands.