Constitution (2004)

REFERENDUMS HELD ON EUROPEAN MATTERS: 1

2003: EU - Accession (Yes 92 % - No 6 % - Turnout 52 %)

CONSTITUTIONAL CONDITIONS - Constitution of Slovakia

Binding referendum provided for on important issues of public interest.

ARTICLES ABOUT INTERNATIONAL TREATIES, REFERENDUM AND CONSTITUTIONAL AMENDMENTS

Approval of international treaties:
Majority of votes from parliament, Art. 86 lit. d, 84 II ConstSlovakia. Majority from members of parliament required if rights are confered or duties imposed directly on natural persons or legal persons, Art. 7 IV, 84 IV ConstSlovakia.

Approval of transference of power without effect of constitutional amendment:
Majority of 3/5 from members of parliament, Art. 7 II, 84 IV ConstSlovakia.

Approval of transference of power with effect of constitutional amendment:
Not expressly regulated but constitutional amendment required.

Approval of constitutional amendment:
Majority of 3/5 from members of parliament, Art. 84 IV ConstSlovakia.

Other constitutional regulations about Referenda (Art. 93 - Art. 100):
Referenda can be called to confirm a constitutional law on entering into an alliance with other states or on withdrawing from that alliance, on important issues of public interest, Art. 93 ConstSlovakia. Referendum can be initiated by 350.000 of the electorate or the parliament, Art. 95 I ConstSlovakia. Result is valid if more than 1/2 of the electorate participated and if the decision was approved by more than 1/2 of the participants.
The National Council National decides on proposals to call a referendumand Art. 86 ConstSlovaki, and can amend or annual the result of a referendum by means of a constitutional law, but it may not do so earlier than three years after the result of the referendum came into effect, Art. 99 I ConstSlovaki.
Referendums are called by the President, Art. 102 ConstSlovaki

RATING AND DEBATE

Decided

The main political forces did not wish complications brought about by a possible referendum since a relatively smooth vote of approval in Slovak parliament was very likely. Only the Euro-sceptic leanings Christian Democratic Movement and a small opposition party Ludova unia (People’s Union) supported the idea of a national referendum.

On 11.05.2005 the Slovak parliament voted with 116 votes in favour to ratify the Constitution. There were four abstentions and 27 votes against. "We must recognise that we were not capable of having all Slovakia's requests (in the constitution's text) passed but the same thing happened in the case of the other 24 countries. The final text of the treaty represents an intersection point of opinions and ideas of all the EU's member states, which is perhaps not perfect but good enough," said Slovak Foreign Minister Eduard Kukan.
Major reservations about the European constitution were only voiced by the Christian Democrats (KDH, a member of the four-party government) and the opposition Communists (KSS). Their deputies said that the document was just a prelude to the EU's gradual transition into a "superstate" and that it seriously weakens the role of governments and parliaments of EU members.

On 14.07.2005 the Slovak constitutional court suspended the ratification of the Constitution. The court accepted a complaint filed by 13 Slovak citizens, who argued that the constitutional treaty should have been ratified in a referendum and issued a preliminary ruling preventing President Ivan Gasparovic from ratifying the document. A Spokesman for the president said that "the Slovak president has not yet signed the treaty ratification document. He has until November 2006 to do so". However President Ivan Gasparovic said he could sign the charter and complete ratification, despite the constitutional court demand. Gasparovic indicated that he not feel obliged to acquiece to the demands as the Slovak constitution does not set out the conditions under which the president ratifies international treaties.

More background information...

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

Eurobarometer report, (February 2004): 70% rather agree, 13% rather disagree*

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

Eurobarometer report, (January 2005): 61% 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): 60% favourable, 18% opposed*

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

Latest News

19.07.2005 Renewed uncertainty about EU constitution in Slovakia. EUobserver.com

14.07.2005 Slovak Constitutional Court blocks ratification of EU constitution. EUbusiness.com

11.05.2005 Slovak parliament votes to ratify EU constitution. EUbusiness.com

22.04.2004 Slovakia's president-elect opposes referendum on European constitution. EUbusiness.com

PROCEDURE

vote in the national parliament

STATE OF THE PROCEDURE

The Slovak parliament has ratified the Constitution on 11.05.2005. (116 Yes, 27 No and 4 abstentions)

DATE OF REFERENDUM

11.05.2005

RELEVANT DOCUMENTS AND MATERIAL

Bilcík, V. (2005), Referendum and the fate of the EU constitutional treaty in Slovakia, Research Center of the Slovak Foreign Policy Association. (PDF)