Constitution (2004)

REFERENDUMS HELD ON EUROPEAN MATTERS: 7

1972: EU - Accession (Yes 63 % - No 37 % - Turnout 90 %)
1982: Greeland: Remain in the EC? (No 54 % - Yes 46 % - Turnout 75 %)
1986: Single European Act (Yes 56 % - No 44 % - Turnout 75 %)
1992: Treaty of Maastricht (No 52 % - Yes 48 % - Turnout 83 %)
1993: Treaty of Maastricht - including Danish Opt-Outs e.g. Euro (Yes 57 % - No 43 % - Turnout 86 %)
1998: Treaty of Amsterdam (Yes 55 % - No 45 % - Turnout 76 %)
2000: Introduction of the Euro (No 53 % - Yes 47 % - Turnout 88 %)

CONSTITUTIONAL CONDITIONS - Constitution of Denmark

Binding referendum mandatory if constitutional amendment effected. Otherwise only evitable if not approved by a majority of 5/6 from members of parliament.

ARTICLES ABOUT INTERNATIONAL TREATIES, REFERENDUM AND CONSTITUTIONAL AMENDMENTS

Approval of transfer of sovereignty without effect of constitutional amendment:
Majority of 5/6 from members of parliament, § 20 ConstDenmark. If majority of 5/6 is not reached but a majority of votes and government holds on to the transfer of sovereignty, a referendum has to be called, § 20 ConstDenmark. Even if majority of 5/6 is reached a referendum can be called by a special law, § 42 I, VI ConstDenmark.

Approval of transfer of sovereignty with effect of constitutional amendment:
Not expressly regulated but constitutional amendment required.

Approval of constitutional amendment:
Majority from parliament after its disbandment and re-election, additionally by mandatory and binding referendum, § 88 ConstDenmark.

Other constitutional regulations about referendums:
Referendum on laws can be called, § 42 ConstDenmark.

RATING AND DEBATE ....

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

• The Danish government has pushed forward a decision on whether or not to hold a referendum, saying it will start examining the issue in October. EUobserver.com
• If the legal experts find that there is "delegation of powers" from Copenhagen to Brussels in the reform treaty, only a majority of five-sixths in the national assembly - the so-called Folketinget - can agree to the treaty without holding a referendum.
• The EU spokesman for the Danish People's Party said: "When you wish to move so much power out of the member states then it is a condition that we can assure that the people are also willing to move all this power out of the countries. And that can only be secured with a referendum," EUobserver.com
• Prime Minister of Denmark Anders Fogh Rasmussen announced on 11.12.2007 that he would not submit the treaty to a referendum, which MPs confirmed on the same day. "The government proposes a ratification of the Lisbon Treaty by a decision in the Folketing [parliament] and not by a referendum," said Mr Fogh Rassmussen. The decision was largely based on a report published by the Danish ministry of Justice earlier this month which concluded that the treaty does not transfer further sovereignty to the EU. "There is no transfer of sovereignty, and therefore there is no reason to hold a referendum," said the prime minister. EUobserver.com
• On 24.04.2008 Denmark's parliament voted by a large majority to ratify the Lisbon Treaty. The Folketing voted 90 in favour and 15 against of adopting the treaty, with no abstentions.

  
  

PROCEDURE

vote in the national parliament

STATE OF THE PROCEDURE

On 24.04.2008 Denmark's parliament, the Folketing, voted 90 in favour and 15 against of adopting the treaty, with no abstentions.

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