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Vienna. This has never happened in the history of more than 70 years of the Second Republic: the President refused to ratify a state treaty previously approved by Parliament. On Wednesday evening, Alexander Van der Bellen announced that he was the first to do it: he did not sign the Ceta trade agreement between the EU and its member states and Canada, thus violating the will expressed by elected officials (in the National Council, the ruling parties) and Neos voted for Ceta). Yes, can he do that?
The President did not make it easy in his decision. He has not only meticulously and scrupulously examined the contract as appropriate to his "duty as head of state" (so Van der Bellen in writing). He also consulted Ludwig Adamovich, former president of the Constitutional Court and now constitutional advisor, on the question of whether he has the legal right to delay ratification. Van der Bellen wants to wait before his signature, if Ceta in the eyes of the Court of Justice of the EU is in accordance with European law. Belgium had discussed this with the ECJ with regard to the investment arbitration system contained in Ceta. It's the loudest criticism in public – and for Van der Bellen the only point of the injury in the deal.
Against the will of Parliament
According to Article 65 of the Federal Constitution, the Federal President "concludes treaties". If and under what conditions he can oppose the will of Parliament, the constitution does not say – as if a monarch who was alone in power sat at the Hofburg.
In the democratic structure, however, it is clear that the president does not want can act at his discretion. In his report, Adamovich quotes the constitution expert Theo Öhlinger, who reveals no discretion of the president to ratify or not. However, Öhlinger also admitted that there could be cases that justified the refusal of the head of state to ratify – for example for important foreign policy reasons. Adamovich and Van der Bellen see exactly that: The future of Ceta depends on the verdict of the ECJ, and Germany and the Netherlands also expect it. If it is positive, Van der Bellen will sign immediately; otherwise, then Ceta must be recaptured anyway.
Van der Bellen therefore gave a signal – especially to his green voters – virtually no effect (as the reactions of the FPÖ, already Ceta-skeptic, were harmless and also the ÖVP) . How about the Green Party spokesman Werner Kogler Monday in a video appealed to Van der Bellen, Ceta for the moment not to sign. It was the day when Adamovich had already finished his report
("Die Presse", printed edition, 13.07.2018)
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