CYIL 2012

EUROPEAN UNION ȃ KOREA FREE TRADE AGREEMENT

2.3 Framework in the Czech Republic As mentioned above, the nature of the Agreement is mixed and comes under the relevant internal procedures of the member states to be ratified. In the Czech Republic, the treaty negotiations and conclusions are governed by the Constitution 12 (Art. 63), empowering the President of the Republic to “negotiate and ratify international treaties” , while he may delegate his powers to the Government. 13 The consent of the Parliament is necessary to accede to the treaty, as provided in the Constitution (Art. 46) “an approval of both Chambers of Parliament is required to ratify international agreements…”. 14 Beside these basic guidelines anchored in the Constitution, very detailed provisions governing the intrinsic process of treaty-making are included in the executive directive adopted and issued by the Government. This directive was prepared by the Ministry of Foreign Affairs and is binding for the all members of the Government and Ministries. It was issued in 2008 and is called “Governmental guideline for negotiation of international treaties within the European Union and their internal conclusion”. 15 Pursuant to the required procedure, the draft Agreement was submitted to the Government for its approval, empowering the Czech representative to vote in favor at the EU Council, granting consent with the signature and subsequent conclusion, and recommending the President to ratify the Agreement after the approval of the Parliament. Respective government resolution was adopted on September 1, 2010. 16 Following the consent of the Parliament, granted by the resolution of the Senate, dated April 6, 2011, and the respective resolution of the Chamber of Deputies from July, 17, 2011, the Agreement was ratified by the President and ratification was afterwards notified to the General Secretariat of the Council on September 13, 2011, finalizing the process of the conclusion of the FTA on behalf of the Czech Republic. 12 Constitution of the Czech Republic , . 13 Decision of the President, 144/1993 Coll. 14 In enumerated cases of … a) governing rights and duties of persons; b) of alliance, peace, or other political treaties; c) which result in the membership of the Czech Republic in an international organization; 15 Vláda České republiky, Směrnice vlády ke sjednávání mezinárodních smluv v rámci Evropské unie a k je jich vnitrostátnímu projednávání, . 16 Governmentresolution No. 630, . d) that are economic of a general nature; and e) on other issues to be governed by the law.

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