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Most EU member states have special procedures to ratify Lisbon Treaty

Article posted by Unlock Democracy

Most EU member states have special procedures for ratifying the Lisbon Treaty. The UK should have one too as part of a written constitution and in lieu of one should hold a referendum on the treaty itself, argues Unlock Democracy.

Of the 27 member states, 14 representing 60% of the population require either a “super majority” in Parliament to ratify the Treaty or a referendum. Of the six large member states – France, Germany, Italy, Poland, Spain and the UK – only Italy and the UK do not have such a procedure.

Commenting, Director of Unlock Democracy Peter Facey:

“In Germany, the Lisbon Treaty will have to be supported by two-thirds of both houses of parliament to be ratified. In France, 60% of Congress (the combined membership of both houses of parliament) must support the treaty for it to be automatically ratified and not have to go to a referendum. By contrast, in the UK this treaty is being treated as if it is just another piece of legislation, despite the fact that the only way it can be repealed is if we left the EU.

“It is one thing to argue that the Lisbon Treaty does not merit a referendum and should be dealt with by a formal parliamentary process, but it is clearly wrong to suggest that there should be no constitutional safeguards in the approval of such treaties at all. It is not a constitution but has clear constitutional implications for the UK’s uncodified constitution and the EU as a whole.

“This current debacle highlights the need for the UK to have a written constitution where such procedures are clearly spelled out and understood in advance of the treaty negotiation process. But a referendum on the Lisbon Treaty is the only option presently on the table that enables some degree of public scrutiny. We respect the Liberal Democrat position of holding an ‘in or out’ referendum to retrospectively ratify the previous amending treaties, many of which had far wider constitutional implications than this one, but in lieu of this getting wider parliamentary support they should back down and support the Conservative amendment.”

How other EU member states will be ratifying the Lisbon Treaty:

  • Austria – any treaty deemed to amend the Austrian constitution requires a two-thirds majority vote in the National Council.
  • Denmark – any treaty involving a transfer of powers to a supranational organisation requires a five-sixths majority in the Folketing. If this is not achieved then a referendum must be held.
  • Finland – any treaty deemed to amend the Finnish constitution requires a two-thirds majority vote in Parliament.
  • France – requires three-fifths majority support in Congress or a referendum must be held.
  • Germany – requires a two-thirds majority in both houses of parliament.
  • Greece – any transfer of sovereignty requires three-fifths majority support in parliament.
  • Hungary – any treaty deemed to amend the Austrian constitution requires a two-thirds majority vote in Parliament.
  • Ireland – any transfer of sovereignty requires a referendum.
  • Luxembourg – all treaties must be approved by two thirds of the Chamber of Deputies.
  • Poland – treaties require either two-thirds majority support in both houses of parliament or a national referendum to be ratified.
  • Slovakia – three-fifths majority support of parliament is required to ratify any treaty that involves a transfer of sovereignty and/or requires a change to the constitution.
  • Slovenia – two-thirds majority support of parliament is required to ratify any treaty that involves a transfer of sovereignty and/or requires a change to the constitution.
  • Spain – three-fifths majority support in the Chamber of Deputies is required to ratify any treaty that involves a transfer of sovereignty and/or requires a change to the constitution.
  • Sweden – three-fifths majority support in the Riksdag is required to ratify any treaty that involves a transfer of sovereignty and/or requires a change to the constitution. If this cannot be achieved then a decision can be made by two consecutive, simple majority decisions with a general election in between.

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2 Responses to “Most EU member states have special procedures to ratify Lisbon Treaty”

  1. Quaequam Blog! » Blog Archive » Why Ed Davey is wrong about the Lisbon Treaty Says:

    [...] Most other EU member states of course have a simple way of dealing with this: either they hold referendums automatically as in the case of the Republic of Ireland, or they require super-majorities in their respective parliaments to ratify such treaties. Super-majorities generally require cross-party consensus to get through. France, Germany, Spain, Poland, Denmark, Finland and Sweden all require this; why not us? The fact that the Lib Dems in Parliament don’t argue for this either exposes them to the accusation that their position is down entirely to whether they think the treaty could survive such a process. Of course we could argue for the Swedish line that if a super-majority is not achieved the treaty must be passed on two separate occasions with a general election in between. Yet I’m not aware of us even arguing for that. If not these mechanisms, hard to introduce in lieu of a written constitution (although New Zealand has managed), then a referendum is surely the only tool at our disposal. [...]

  2. John Fraser Says:

    Interesting piece of research . The possible achilles heel to the European Constitution (sorry I mean treaty ) appears at first glance to be Denmarks 5/6ths majority required . There must surely be 1/6th anti treaty parties in teh Parliament at the moment ?? (If anyone knows please advise) , and the dangers of a referendum in Denmark are surely clear.

    It is of course a disgrace that we do not have some more in depth procedures for changng the constitution , would be good to find a way of publicising this, as News Reports are basically just saying that only Ireland needs a referendum which makes peoples assume (including myself) the the other countries are just doing the same as us.

    Keep Up The Good Work,

    John Fraser

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