|
|
|
| REFERENDUMS
HELD ON EUROPEAN MATTERS: none |
| |
CONSTITUTIONAL
CONDITIONS - Constitution
of Spain
Binding referendum provided if constitutional amendment, a total
revision or an amendment of fundamental principles of the constitution
effected. Otherwise binding referendum requires implementation by
constitutional amendment. Consultative referendum expressly provided.
Exclusion of international affairs only for initiatives, not for
referendums. |
| |
ARTICLES
ABOUT INTERNATIONAL TREATIES, REFERENDUM AND CONSTITUTIONAL AMENDMENTS
Approval
of transfer of sovereignty without effect of constitutional amendment:
Majority from both chambers, Art. 94 ConstSpain.
Approval
of transfer of sovereignty with effect of constitutional amendment:
Previous amendment of the constitution required, Art. 95, 94 ConstSpain.
Approval of constitutional amendment:
Majority of 3/5 from both chambers. If this majority cannot be reached
a committee drafts a new text which can be approved by majority
of 3/4 from the members of parliament and the majority of the members
of the senate, Art. 167 ConstSpain. Referendum on the constitutional
amendment is required if demanded by 1/10 from the members of one
of the chambers , Art. 167 III ConstSpain. In case of a total revision
of the constitution or the amendment of fundamental principles of
the constitution both chambers have to approve with a majority of
3/4 before and after a disbandment and re-election of both chambers.
Additionally a referendum on the constitutional amendment required,
Art. 168 ConstSpain.
Other constitutional regulations about referendums:
Initiatives and referenda can be held but internatational affairs
are expressly excluded, Art. 87 III ConstSpain. Consultative referenda
can be held on political decisions of far-reaching consequences
by proposal of the prime minister approved by the parliament, Art.
92 ConstSpain. |
| |
RATING
AND DEBATE
Decided
Shortly
after his elecction Spanish Prime Minister José Luis Rodríguez
Zapatero made an official statement that he intended to hold a referendum
on the EU Constitution as quickly as possible, in this sense the
date was set on 20 February 2005. Both the government and the leading
opposition party campaigned for a yes vote. During the campaign
a debate came out on whether the European Constitution clashed with
the Spanish Constitution. Finally on 13.12.2004 the Spanish Constitutional
Tribunal ruled that the European Constitution and its existing Spanish
counterpart were compatible and that there was therefore no need
to reform the Spanish Constitution.
If
a referendum was held at the end of October 2004, only four per
cent of Spaniards would have voted against the new Treaty, according
to a survey held between 21 and 26 October by the Centro
de Investigaciones Sociológicas (CIS). But many adults were
not familiar with the text, according to the poll, 90.8 per cent
of respondents said their knowledge of the EU Constitution was either
low or inexistent. A similar poll carried out by the Opina
Institute in December and published by the daily El Pais, said
that out of the 1.000 people questioned for the survey, 58.8 per
cent were undecided compared to 28.1 per cent who said they planned
to vote in favour of the Constitution, 4.6% planned to vote against
the text. 93.6 per cent of those questioned said that they had planned
to cast their ballot during the referendum, a turnout rate which
would have been unheard in Spain since democratic rule was instaured.
In a poll taken on 19.01.2005, 45.3 per cent of respondents said
they would vote yes to the Constitution and 7 per cent said they
would vote against it. In the latest study by the Centre for Sociological
Research on the 10 February nine out of ten Spaniards said they
did not really know what it was about. The majority of citizens
said that the information provided for the society has been of little
or no help.
Finally
on 20.02.2005 Spain became the first European Union member state
to agree to the European Constitution in a referendum. Figures released
by the Ministry of the Interior showed the Spaniards had said a
resounding "Yes" , (76.73%). The level of turnout in Spain
was of more than 42 per cent. Nonetheless it was the lowest in any
vote since the restauration of democracy following the death of
military dictator General Francisco Franco in 1975, prompting opposition
parties to interpret the result as a slap in the face for Zapatero's
Socialist government.
On 28.04.2005 the Spanish Parliament and on 18.05.2005 the Senate
approved the Constitution. More
background information...
Eurobarometer
(2006), The Future of Europe - Results for Spain,
Special Eurobarometer 251, Fieldwork: 23/02 – 15/03 2006.
(PDF)
Eurobarometer
report, (February 2004): 85%
rather agree, 7% rather disagree*
*Are
you rather agree or rather disagree with the statement: The European
Union must adopt a Constitution.
Eurobarometer
report, (January 2005): 56% favourable, 7% 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): 63% favourable, 16% opposed*
*Based
on the question, are you for or against a constitution for the European
Union?
Latest
News
19.05.2005
Spain concludes European Constitution ratification process. EUobserver.com
22.02.2005
Spain approves EU charter: Your views. BBC
news
21.02.2005
Spain votes strongly in favour of EU constitution: official results.
EUbusiness.com
20.02.2005
Zapatero calls for stronger Europe as Spaniards kick off EU votes.
EUbusiness.com
19.02.2005
Small bombs target Spanish party offices ahead of EU constitution
vote. EUbusiness.com
Former
News
|
| |
DECLARATIONS
BY THE HEADS OF STATE AND GOVERNMENT
The
old Europe is as good as new,
Germany, France and Spain seek to join forces, 13.09.2004, (PDF)
(in german) |
| |
PROCEDURE
Consultative
Referendum
The question
was "Do you approve the draft treaty establishing a constitution
for Europe?" |
| |
STATE
OF THE PROCEDURE
The
Spanish government launched its EU Constitution campaign on 4 January,
it has spent about €7.5 million on a campaign entitled "The
First with Europe".
On
20.02.2005 Spaniards overwhelmingly backed the Constitution in referendum,
with 76.73 per cent of those who cast ballots voting in favour and
17,24 against, according to official returns with 100 per cent of
ballots counted. Based on those returns issued by the interior ministry,
42.32 percent of the electorate voted.
The Spanish Parliament approved the Constitution on 28.04.2005.
(Yes 311 votes - No 19 votes)
The
Spanish Senate ratified the Constitution on 18.05.2005. (Yes 225
votes - No 6 votes)
|
| |
DATE
OF REFERENDUM
20 February
2005 |
| |
RELEVANT
DOCUMENTS AND MATERIAL
Real Instituto
Elcano (2005), Novena
Oleada del Barómetro del Real Instituto Elcano, June
2005. (HTML)
Spanish Parliament,
Plenary
debate regarding the European Council meeting on 16/17.06.05,
22.06.2005. (Spanish) (PDF)
Font, J. (2005),
¿Voto
por contenidos o voto por consignas?: algunas razones del voto ante
el Referéndum del 20 de febrero, Real Instituto Elcano,
19.5.2005. (HTML)
Spanish Senate,
Plenary
debate regarding the ratification of the European Constitution,
18.05.2005, p. 2072. (PDF)
Spanish Parliament,
Plenary
debate regarding the ratification of the European Constitution,
28.04.2005. (PDF)
Sampedro Blanco,
V.; Ruiz Jiménez, M.; Carriço Reis, B. (2005), El
referendo del Tratado de la UE en la prensa española de referencia:
a favor de la Constitución o en contra de la Unión
Europea, Real Instituto Elcano, 29.04.2005, (HTML)
González
Vallvé, L. (2005), España
y Francia frente al referéndum constitucional: entre la inquietud
y la esperanza, Real Instituto Elcano, 27.04.2005, (HTML)
Eurobarometer,
The
European Constitution: post-referendum survey in Spain, March
2005.
Perea, E.A.
(2005), Who
Abstained and Why? Voter Turnout for the Referendum on the Treaty
to Establish a European Constitution, Real Instituto Elcano,
03.03.2005, (HTML).
Kölling,
M. (2005), Working paper on the Spanish parliamentary debate about
the ratification of the European Constitution, University of Saragossa,
03.03.2005, PDF
Chatham House,
Reflections
on the Spanish Referendum, Report of Proceedings, 23.02.2005.
(PDF)
Torreblanca,
J.I., Spain´s
Referendum on the European Constitution: a Double Disappointment,
Real Instituto Elcano, 21.02.2005, (HTML).
Torreblanca,
J.I., The three points of dissensus on the European Constitution,
Real Instituto Elcano, 09.02.2005, (HTML).
The Federal
Trust, EU
Constitution Newsletter, with country reports on Spain and Denmark,
February 2005.
Torreblanca,
J.I.; Sorroza, A., Spanish
Ratification Monitor (WP), Real Instituto Elcano, 03.02.2005,
Spanish.
Madorran, E. The
debate regarding the ratification of the Constitution in Catalonia.
A conflict of Catalonia with Europe?, 18.1.2005, Spanish.
Ruiz-Jiménez,
M.A. and Sampedro, V, The
European Constitution in Spanish Newspaper, a comparative analysis
of El País, El Mundo and ABC, 14.1.2005, Spanish.
Spanish Parliament,
Authorization
to convoke a consultative referendum on the European Constitution,
11.01.2005.
Spanish Constitutional
Tribunal, Declaration
of the constitutionality of the Articles I-6, II-111 and II-112
European Constitution, 13.12.2004, Spanish.
Spanish Constitutional
Tribunal, Note
regarding incongruities between the European Constitution and the
Spanish counterpart, 13.12.2004, Spanish.
Ruiz-Jiménez,
M.A. and Noya, J., The
Spanish Citizen faced with the European Constitution and the European
Integration Process, Real
Instituto Elcano and Centro
de Investigaciones Sociológicas, 10.12.2004, Spanish.
Torreblanca,
J.I.; Sorroza, A., El
proyecto de Constitución Europea y la Constitución Española: respuestas
al cuestionario del Real Instituto Elcano, 26.10.2004.
Closa, C., "Del
11-S al 11-M: El papel de España en la Unión Europea",
Real Instituto Elcano, ARI Nº 46/2004 (23/3/2004).
Council of State,
Statement
about the Treaty establishing a Constitution for Europe, 21.10.2004,
Spanish.
Spanish Ministry
of Foreign Affairs, Analysis
of the Treaty establishing a Constitution for Europe, September
2004, Spanish.
The Federal
Trust, EU
Constitution Newsletter, October 2004, with country reports
on Spain and Finland. |
|
