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The Tories' 'Europe' moment

Gavin Hewitt | 11:55 UK time, Tuesday, 3 November 2009


The Czech Constitutional court acted swiftly today and rejected the complaint that the Lisbon Treaty would launch a super-state that undermined the Czech Constitution.
The last legal hurdle to the Treaty becoming law has been removed.

It only remains for the Czech President Vaclav Klaus to sign it. He does not like the Treaty but in recent days he has given every indication that he will put his pen to the document. Last week he told European leaders that he was satisfied with the opt-out he had won from the Charter of Fundamental Rights.

The Czech President is travelling this week and the timing of the signing is uncertain but Europe expects the Treaty to be signed within days.

For Britain's opposition Tories this is their 'Europe' moment. They will have to clarify where they stand now that the Lisbon Treaty is set to become European law.

Until now they have given an 'ironclad' promise to hold a referendum on the Treaty if
any state had not ratified it. But the Tories have been delphic in their comments about what they would do if the Treaty had become law, taking cover behind the phrase 'they would not let matters rest.'

David Cameron has started laying the ground for a change of direction. Most probably he will abandon the idea of a referendum on the treaty. It would be difficult to poll the country on what by then would be European law. Instead the Tories may seek to reclaim some powers in areas like employment and social laws. That, they hope, would satisfy some euro-sceptics.

It will not satisfy all of them. Some want a referendum on the wider issue of Britain's involvement in the EU.

It is, however, a difficult calculation for the Tories. If they try and re-negotiate part of the Lisbon Treaty that would require the agreement of all 26 countries and any change would have to be attached to another treaty.

After eight years of discussion surrounding Lisbon and the constitution that preceded it, the Tories will encounter stiff resistance. Some may even regard such a move as a 'wrecking' manoeuvre.

Now it is always possible to be awkward in Europe, to strew obstacles around while demanding a re-negotiation. There are key discussions coming up on the budget where the British tax payer may be asked to pay more. But a full-scale row with the rest of Europe, as has been seen in the past, can be damaging, time-consuming and a distraction for a new government.

The greatest danger for David Cameron is that he re-ignites the arguments over Europe within his own party.

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