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Home > The Lisbon Treaty > Ratification Stage > Spain
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REFERENDUMS HELD ON EUROPEAN MATTERS: 1

2005 European Constitution (Yes 76.73%; No 17.24%; Turnout 42.32%).

 

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

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

  • On the 26.06.2008 the vote in the 350-member chamber of deputies was 322 in favor of "the bill approving the ratification by Spain of the Treaty of Lisbon," six against and two abstentions. The treaty now goes to the Senate, vote had been planned for late September or early October. But Foreign Minister Miguel Angel Moratinos said it could be moved up to July, before the legislators take their summer break, so the treaty "can be ratified as soon as possible."
  • On 15.07.2008 the upper chamber voted overwhelmingly in favour of the treaty with 232 votes in favour of ratification, six against and two abstentions. The Senate vote had originally been planned for late September or early October but the main opposition Popular Party, together with the smaller Catalan nationalists CiU and Basque nationalist party PNV, requested that it be held before lawmakers take their summer break.
 

DECLARATIONS BY THE HEADS OF STATE AND GOVERNMENT

 

 

PROCEDURE

Parliamentary vote

 

STATE OF THE PROCEDURE

On the 26.06.2008, the Lisbon Treaty has been ratified by an overwhelming majority in the lower house (322 votes in favour, 6 against and 2 abstentions)

On 15.07.2008 the upper chamber voted overwhelmingly in favour of the treaty with 232 votes in favour of ratification, six against and two abstentions.

 

RELEVANT DOCUMENTS AND MATERIAL

Spanish Congress of Deputies (2008), Plenary Debate regarding the ratification of the Lisbon Treaty, 26.06.2008. (Spanish) (PDF)

 

© Carlos Closa 2003 - Design by Eduardo Jáuregui. Edited by Mario Kölling
Doctorado en Unión Europea