Constitutional practicability of referendum on EU Constitution

No. Binding referendum provided if constitutional amendment effected but referendum on international treaties expressly excluded. Consultative referendum can anyhow be held if ordered by ad-hoc-law.

 

Regulation about a special transfer of sovereignty to EU

none

 

Approval of transfer of sovereignty without effect of constitutional amendment

Majority of votes from both chambers, Art. 80, 72 ConstItaly.

 

Approval of transfer of sovereignty with effect of constitutional amendment

Not expressly regulated, but constitutional amendment required.

 

Approval of constitutional amendment

Two successive approvals from both chambers in between at least three months with majority of votes in the first voting and the majority of their members in the second, Art. 138 ConstItaly. Referendum on the constitutional amendment is mandatory if demanded by 1/5 of the members of one of the chambers or 500.000 of the electorate or 5 members of the council of regions but excluded if approval of the chambers in the second voting was given by a majority of more than 2/3 of their members. Limit for an amendment is the republican form of state, Art. 139 ConstItaly.

 

Other constitutional regulations about referendums

An initiative referendum is possible, Art. 71 ConstItaly. A referendum on laws can be held but expressly not on ratification treaties, Art. 75 ConstItaly. Referendum also foreseen on amalgamation, incorporation and seperation of regions, provinces and townships, Art. 132 ConstItaly.

 

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