Constitution (2004)

REFERENDUMS HELD ON EUROPEAN MATTERS: none

CONSTITUTIONAL CONDITIONS - Constitution of the Netherlands

Binding referendum requires implementation by constitutional amendment. Consultative Referendum can anyhow be held if ordered by ad-hoc-law.

ARTICLES ABOUT INTERNATIONAL TREATIES, REFERENDUM AND CONSTITUTIONAL AMENDMENTS

Regulation about a special transfer of sovereignty to EU:
none

Approval of transfer of sovereignty without effect of constitutional amendment:
Majority of votes from both chambers, Art. 91 I, 67 II ConstNet.

Approval of transfer of sovereignty with effect of constitutional amendment:
Majority of 2/3 of the votes from both chambers, Art. 92, 91 III ConstNet.

Approval of constitutional amendment:
Majority of 2/3 of votes from both chambers after a law declares the necessity of a constitutional amendment, the disbandment of both chambers and their re-election, Art. 137 ConstNet.

Other constitutional regulations about referendums:
none

RATING AND DEBATE

Decided

During 2004 the referendum was widely expected to return a yes vote from the biggest net per capita contributor to the EU budget which is, at the political level, in favour of closer integration but which does have concerns about the democratic legitimacy of the EU. The final green light for the referendum on the Constitution was given on 25 January as the Dutch senate voted in favour of a bill allowing for the plebisite.
Nevertheless over the recent years euro-scepticism was gaining ground in Dutch society, 20% of the parliamentarians, consisting of members of the Socialist Party, the List Pim Fortuyn (LPF) and the small Christian party, spoke out against the Constitution and the Dutch government has come under criticism following reports that it had reserved 1.5 million euro to fight the "no" campaign against the EU Constitution.

Proposed by an independent commission, the Dutch Cabinet officially confirmed on 23.02.2005 the 1 June as the date of the referendum.
According to the Dutch press agency ANP, on 05.04.05, the Dutch Foreign Ministry was considering calling off the referendum on the EU Constitution if the French poll on the treaty resulted in a "no", since support for the EU constitution in the Netherlands was decreasing. According to a survey by the Dutch cabinet published on 18.04.2005, backing for the new EU charter dropped to 40% among less informed voters and to 50% among better informed voters. In March, when the government conducted a similar poll, these figures lay at 45% and well above 50% respectively.
A different poll published on 13.05.2005 showed that 40 per cent said they would vote against the Constitution in a referendum and 39 per cent in favour. The same poll in April gave the "no" camp just 30 per cent compared to 51 per cent for the "yes" camp.
Less than two weeks before the Dutch referendum three polls indicated a huge leap forward made by the "no" campaign.

On 01.06.2005 Dutch voters rejected the Constitution.

The Eurobarometer study, the European Constitution: post-referendum survey in the Netherlands, published in June 2005 (PDF), showed that the main reason for voting "no" was lack of information (32%) followed by fear of the loss of national sovereignity (19%) and opposition to the government (14%), six per cent of Dutch voters said in this survey that enlargement was the reason for their "no" vote and only three per cent specifically said that further expansion to include Turkey was the reason.
Asked about the consequences of their vote, two thirds of Dutch citizens (66%) thought that the "no" victory would allow a renegotiation of the Constitution in order to better defend the interests of the Netherlands.

Eurobarometer (2006), The Future of Europe - Results for the Netherlands, Special Eurobarometer 251, Fieldwork: 23/02 – 15/03 2006. (PDF)

Eurobarometer report, (February 2004): 75% rather agree, 20% rather disagree*

*Are you rather agree or rather disagree with the statement: The European Union must adopt a Constitution.

Eurobarometer report, (January 2005): 63% favourable, 11% opposed*

*Based on what you know, would you say that you are in favour of or opposed to the draft European Constitution?

Eurobarometer report, (July 2005): 53% favourable, 38% opposed*

*Based on the question, are you for or against a constitution for the European Union?

Latest News

22.05.2006 Dutch open to EU treaty changes from 2008, EUobserver.com

The Netherlands could envisage EU treaty changes from 2008-2009 but wants to put a brake on enlargement, according to a Dutch government letter spelling out the first clear policy conclusions from last year's Dutch 'no' to the EU constitution.

06.07.2005 French and Dutch should vote again on EU treaty: Belgian FM. EUbusiness.com

28.06.2005 Enlargement played small role in constitution no votes. EUobserver.com

27.06.2005 One month after referendum, experts say Dutch have lost faith in politics. EUbusiness.com

02.06.2005 Slow economic growth a key reason behind Dutch EU constitution rejection. EUbusiness.com

Former News...

PROCEDURE

Parliamentary (First and second Chambers)+ consultative referendum

STATE OF THE PROCEDURE

The consultative referendum was held on 01 June 2005. (final result: Yes 38,4% - No 61,6% - Turnout 62,8%)

The question was: "Are you for or against the Netherlands accepting the terms of the treaty establishing a constitution for Europe?"

DATE OF REFERENDUM

1 June 2005

RELEVANT DOCUMENTS AND MATERIAL

Dutch foreign ministry (2006), The Netherlands in Europe, Internet Survey, May 2006. (PDF) (Dutch)

Dutch foreign ministry, Letter to parliament on period of reflection, 19.05.2006. (PDF) (Dutch) Press Release (English)

Cuperus, R. (2005), Why the Dutch Voted No Anatomy of the New Euroscepticism in ‘Old Europe’, Wiardi Beckman Foundation, paper presented on the conference "Reflection of French and Dutch EU Constitutional Referenda - Lessons for Europe", EUROPEUM Institute for European Policy, June 2005. (PDF)

Deloy, C (2005), Les Neerlandais rejettent massivement la Constitution Europeenne, Analyse, Robert Schuman Foundation, June 2005. (French) (PDF)

Eurobarometer, The European Constitution: post-referendum survey in the Netherlands, June 2005. (PDF)

Lang, K.O.; Majkowska, J. (2005), Niederlande - Neue Neinsager der EU?, SWP Aktuell 26, June 2005. (German) (PDF)

Crum, B. (2005), Let the naysayers sort out their positions while ratifications procee,
EPIN commentary, June 2005. (PDF)

Peil.nl: Referendum hakt erin bij peiling politieke voorkeur, 06.06.2005. (PDF)

The Federal Trust, EU Constitution Newsletter, with country reports on the Netherlands and France, June 2005, (PDF)

Palmer, J. (2005), After the Dutch Referendum, EPC commentary, 02.06.2005. (HTML)

Peil.nl: Franse uitslag bepalend voor resultaat in Nederland, 28.05.2005. (PDF)

Keohane, D. (2005), Don't forget the Dutch referendum, CER briefing note, 19.05.2005. (PDF)

Crum, B. (2005), EU Referendum Tests the Dutch Political Establishment, CEPS Commentary, 10.05.2005. (HTML)

Link: The Dutch Government’s referendum website (HTML)

The Federal Trust, EU Constitution Newsletter, with country reports on the Netherlands and Portugal, March 2005, (PDF)

Rigo, A. (2005), Why the Netherlands will convoke a referendum in order to ratify the European Constitution? - On a way towards more direct democracy, Faculté de Science politique, Département des Relations Internationales, Université Catholique de Louvain la Neuve. (PDF)

Link to the Senate (Eerste Kamer) of the Dutch Parliament (the States General)