Portuguese referendum on the European Constitution
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| National referenda on the European Constitution |
|
|---|---|
| Czech Republic | Cancelled |
| Denmark | Postponed |
| France |  No (42% of 69%) |
| Ireland | Date not set |
| Luxembourg |  Yes (57% of 88%) |
| Netherlands | No (39% of 63%) |
| Poland | Postponed |
| Portugal | Postponed |
| Spain | Yes (77% of 42%) |
| United Kingdom | Postponed |
| Parliamentary approvals | |
On March 12, 2005, the prime minister of Portugal, José Sócrates said that he would seek to have the Constitution of Portugal amended to allow that a referendum on the proposed Treaty establishing a Constitution for Europe be held on October 2005 alongside the municipal elections taking place at that time. [1] The agreement between the two main parties was made on June 1, 2005.
According to the Portuguese Constitution, the result of the referendum is binding if more than of half of registered voters turn out. The text will be revised in June 2005 with the express purpose of allowing the referendum to be held on the same day as the municipal elections. This is the second time the Constitution has been revised because of the European Constitution, as the original version did not allow referenda on international treaties.
Following the French and Dutch rejection of the treaty, and the extension granted to the ratification deadline, José Sócrates announced on June 17, 2005 that the country would postpone the referendum.
[edit] Initial plans and delay
The referendum was initially scheduled for April 2005 using the question "Do you agree with the Charter of Fundamental Rights, the rule of qualified majority voting and the new institutional framework of the EU, as defined by the European Constitution?", since Portugal's Constitution doesn't allow the text of a treaty to be put on a referendum directly.
However, on December 2004, the Constitutional Court of Portugal rejected the proposed question, deeming it unclear. This resulted in the delay to the whole process, as a constitutional amendment would be required before allowing a referendum on the treaty itself.
