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Ratification of the EU Constitution - state of play in the member states[fr][de

Published: Thursday 7 October 2004    | Updated: Friday 1 June 2007   

The European Council adopted the final text of the Constitutional Treaty on 18 June 2004. The Treaty was signed on 29 October 2004. Starting on this date, the member states had, in principle, two years for its ratification. EurActiv sheds light on the current state of play in each country.

Background:

The European Council agreed on the EU's first-ever Constitutional Treaty on 18 June 2004 (see also   EurActiv 21 June 2004). The Constitutional Treaty was signed on 29 October 2004, under the Dutch EU Presidency.

In principle, the member states have two years to ratify the Treaty with the ratification process varying from member state to member state depending upon whether direct democracy (via a popular referendum) or parliamentary democracy is favoured.

While most countries announced that the ratification of the treaty would come through a parliamentary process, a number of countries indicated that they would hold a referendum on the constitution. Those countries were the Czech Republic, Denmark, France, Ireland, Luxembourg, the Netherlands, Poland, Portugal, Spain and the UK.

Spanish voters approved the treaty in a consultative referendum on 20 February. The decision was put to a Parliamentary vote and passed by Parliament on 19 May. In a referendum held on 29 May, French voters rejected the terms of the treaty with a 'no' vote of 55.6%. Dutch voters followed suit in a consultative vote on 1 June, with 61.8% of the turnout voting against the treaty. 

Two weeks after the failed referenda on the EU Constitution in France and the Netherlands, the EU summit decided that the referenda would be put on hold in countries that had chosen to put the ratification of the treaty to a public vote. The Constitution can take effect only if all 25 member states ratify it either in a parliamentary vote or by referendum.

For more information, see our LinksDossier Constitutional Treaty: the 'reflection period'.

 

Country  Will there be a referendum? When / What is the state of play
Major EU-related referenda 
Austria  No  Ratified by national parliament. Lower house voted in favour of ratification on 11 May by 181 votes to 1. Upper house completed ratification process on 25 May. Eighth country to ratify Treaty. 1994 - EU membership 

Belgium  No Ratified on 8 February 2006 by Belgium's regional parliaments. Fourteenth member state to ratify the Treaty.  
Cyprus  No  Ratified by Parliament on 30 June 2005. Eleventh nation to ratify the Treaty.    
Czech Republic  On hold Plans to hold a referendum in June 2006 alongside the national general election have been postponed indefinitely following the French and Dutch 'no' votes. June 2003 - EU membership 

Denmark  On hold  Referendum scheduled for 27 September 2005 has been cancelled following 'no' votes in France & the Netherlands. 1972 - EC membership
1986 - Single European Act
1992 - Treaty of Maastricht
1993 - Treaty of Maastricht (with opt-outs)
1998 - Treaty of Amsterdam
2000 - EMU membership 

Estonia  No  Ratified by parliament's unique chamber on 9 May 2006 by 73 votes to one. Fifteenth country to ratify the Treaty.  September 2003 - EU membership 

Finland  No After parliament voted in favour of the Constitution on 12 May 2006, ratification is due to take place in December 2006 under the Finnish EU presidency. 1994 - EU membership 

France  Yes - second country to hold a referendum.

29 May 2005

Outcome of referendum: 55% 'no' 45% 'yes'. Voter participation: 70%. Treaty rejected.

1972 - EC enlargement
1992 - Treaty of Maastricht 

Germany  No  Approved by German parliament's lower house, the Bundestag on 12 May and German parliament's second chamber, the Bundesrat on 27 May. Ninth  country to ratify the Treaty.   
Greece  No Ratified by parliament on 19 April 2005 by 268 votes to 17. Fifth country to ratify the Treaty. Tradition of ratifying treaties by parliament 
Hungary  No  Ratified by parliament on 20 December 2004. Second country to ratify the Treaty. April 2003 - EU membership 

Ireland  On hold  A binding referendum provisionally scheduled for October 2005 has been postponed indefinitely after the results of the French and Dutch referenda. 1972 - EC membership
1987 - Single European Act
1992 - Treaty of Maastricht
1998 - Treaty of Amsterdam
2001 - Treaty of Nice
2002 - Treaty of Nice 

Italy  No  Lower chamber ratified the Constitution in January 2005. The senate completed approval by a substantial majority of 217 votes to 16 on 6 April 2005. Fourth country to ratify the Treaty.   
Latvia  No  Ratified by parliament on 1 June 2005. Tenth country to ratify the Treaty. September 2003 - EU membership 

Lithuania  No Ratified by parliament on 11 November 2004. First country to ratify the Treaty. May 2003 - EU membership 

Luxembourg  Yes - fourth country to hold a referendum.

10 July 2005

Outcome of referendum: 56.5% 'yes', 43.5% 'no'. Thirteenth country to ratify the Treaty.

  
Malta  No  Ratified by the Maltese parliament on 6 July 2005. Twelfth country to ratify the Treaty. March 2003 - EU membership 

Netherlands  Yes - third country to hold a referendum

1 June 2005 

Outcome of referendum:  61.8% 'no', 38.2% 'yes'. Voter participation: 62%.  Treaty rejected in a consultative vote.

  
Poland  On hold  Original plans for a referendum on 9 October 2005 to coincide with the Presidential election have been suspended. On 5 July the Polish lower house voted against taking a decision on how to ratify the Constitution.  June 2003 - EU membership 

Portugal  On hold Original plans to hold a referendum on 9 October 2005 to coincide with local elections have been suspended following failed referenda in France and the Netherlands.   
Slovak Republic  No  Ratified by parliament on 11 May 2005 by 116 votes to 27 with 4 abstentions. Sixth country to ratify the treaty. May 2003 - EU membership 

Slovenia  No Ratified by parliament on 1 February 2005. Third country to ratify the treaty. March 2003 - EU membership

Spain  Yes - first country to hold a referendum

20 February 2005

Outcome of referendum: 76.73% 'yes', 17.24% 'no'. Voter participation: 42.32%. Approved by parliament's lower house on 28 April and upper house on 19 May. Seventh  country to ratify the Treaty.

  
Sweden  Undecided  Tradition of holding referenda only when there are splits within the parties (eg on EMU). Decision on whether to proceed with ratification process has been delayed. 1994 - EU membership
2003 - EMU membership 

United Kingdom  On hold  Original plans to hold a referendum in 2006 were cancelled on June 6 following French and Dutch noes.

1975 - EC membership


Bulgaria                      No                               Ratified by parliament on 11 May 2005 as part of preparations to join the EU on 1 January 2007.                                     
Romania No Ratified by parliament on 17 May 2005 as part of preparations to join the EU on 1 January 2007.

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