facts on ratification

Constitutional practicability of referendum on EU Constitution

Yes. Binding referendum provided if constitutional amendment effected. Otherwise binding referendum requires implementation by constitutional amendment. Consultative referendum expressly provided.

 

Approval of transfer of sovereignty without effect of constitutional amendment

Majority from parliament according to the particular area of competency required, X § 2 ConstSweden.

 

Approval of transfer of sovereignty with effect of constitutional amendment

Approval in the way of a constitutional amendment. The procedure provided for the constitutional amendment can be excluded with a majority of 5/6 by presence of at least 3/4 of the members of parliament in case of urgency. Limit for transfer are the fundamental principles of the constitution, X § 5 ConstSweden.

 

Approval of constitutional amendment

Two successive approvals in between at least nine months before and after re-election of the parliament. The constitutional committee can allow an earlier second consent with a majority of 5/6 of its members. A referendum on the amendment has to be held contemporaneous with the election of the new parliament if demanded by 1/10 of the members of parliament and approved by at least 1/3 from the members of parliament, VIII § 15 ConstSweden.

 

Other constitutional regulations about referendums

Consultative referenda can be called, VIII §4 ConstSweden.

Marian Zdeb