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Home > The Constitution > Ratification Stage > Czech Republic
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REFERENDUMS HELD ON EUROPEAN MATTERS: 1

2003: EU - Accession (Yes 77 % - No 23 % - Turnout 55 %)

 

CONSTITUTIONAL CONDITIONS - Constitution of the Czech Republic

Binding referendum expressly provided for transfer of sovereignty but requires enactment by constitutional law. Consultative referendum can anyhow be held if ordered by ad-hoc-law.

 

ARTICLES ABOUT INTERNATIONAL TREATIES, REFERENDUM AND CONSTITUTIONAL AMENDMENTS

Approval of international treaties without transfer of sovereignty:
Majority of votes from both chambers, Art. 49, 39 II ConstCzRep.

Approval of transfer of sovereignty without effect of constitutional amendment:
Majority of 3/5 from members of parliament and 3/5 of the votes from senate, Art. 10a I, 39 IV ConstCzRep. With constitutional law a referendum can be ordered, Art. 10a II ConstCzRep.

Approval of transfer of sovereignty with effect of constitutional amendment:
Previous constitutional amendment required if constitutional court decides that an international treaty is not in conformity with the constitution, Art. 89 III, 87 II ConstCzRep.

Approval of constitutional amendment:
Only by constitutional act that requires a majority of 3/5 from members of parliament and 3/5 of the votes from senate, Art. 9 I, 39 IV ConstCzRep.

Other constitutional regulations about referendums:
With constitutional act referenda can be implemented into constitution with a majority of 3/5 from the members of parliament and 3/5 of the votes from senate, Art. 2 II ConstCzRep.

 

RATING AND DEBATE

Decided

Prime Minister Stanislav Gross, who leads a fragile and often fractious centre-left coalition, said in Brussels (October 2004) that the Czech Republic could be among the very last countries to hold a referendum. Analysts say the reason was simple: the government was hoping that by 2006, most EU members will have already voted "Yes". The government is a strongly pro-EU coalition of three parties, all three parties support the EU Constitution and all three were likely to campaign heavily in favour. But the Civic Democratic Party (ODS), the strongest opposition party, has reservations regarding many parts of the Constitutional Treaty, and also whether the EU needs a Constitutional Treaty or not. Former Czech president and ODS member Vaclav Havel said on 02.01.2005 in a television discussion programme that he believed a referendum on the European constitutional treaty should not be held in the country, he said that the Constitution was a complex text which did not change the European Union much.

It is still not clear whether any change of the Czech Constitution (art. 10 and 10a) would be necessary for the adoption of the European Constitutional Treaty, or whether the current wording is sufficient. On 02.02.2005, President Vaclav Klaus asked the Czech Constitutional Court on whether the European Constitution is in line with the Czech Constitution.

According to a poll conducted by the SC&C polling institute in February 2005 for the daily "Lidove noviny" almost one half of Czechs are convinced that the decision on the Constitutional Treaty should be made in a referendum. The referendum was mostly advocated by the voters of the governing Social Democrats (CSSD), with almost 63 per cent for the idea. It was also advocated among those voting for the opposition Civic Democratic Party (ODS) and the Communists, among whom the figure was roughly 60 per cent of those polled, the Christian Democrat voters only supported the referendum idea by 54 per cent.

On 09.03.2005 the Czech government approved a bill that allows people to voice positions on fundamental external and internal issues in a referendum, which includes a referendum on the EU constitution. According to the bill a referendum can be called by the President if he is petitioned by 101 of the country's 200 deputies, 41 of the 81 senators, or by at least 500,000 citizens. In order to pass a constitutional act, the consent from at least 120 out of the 200 deputies and three-fifths of present senators is needed. On 24.03.05 the Civic Democrats (ODS) pushed their own proposal for a plebiscite, whose validity would not be conditioned by the 50 per cent turnout and which would not coincide with the general elections date. The ODS said it wanted to prevent the EU constitution issue from being abused in the campaign before the mid-2006 general elections.

Czech Republic, as member of the Visegrad group, signed in the aftermath of the French and Dutch referenda a statement in which the group urged "all member states to express themselves on the treaty... and proceed with ratification they consider most appropriate in their circumstances" despite the results in the two founder members of the EU.
After the EU summit the Czech political class is divided regarding the future of the Constitutional treaty. While Prime Minister Jiri Paroubek (senior government Social Democrats, CSSD), who had already pushed before the summit to give more time for the ratification process in order to present the treaty to people, adhered after the EU Summit on the referendum plans and started to plan a broad information campaign. The Czech Republic President Vaclav Klaus argued on 19.06 a referendum on the Constitution would now be pointless as the treaty no longer existed and any referendum would only be a public opinion poll and not a meaningful referendum under the Czech constitution. The opposition Civic Democrats party (ODS), which is favourite for the coming national election, rejected both the extension of the ratification period and the Constitution itself.
While before the referenda in France and the Netherlands the majority of Czechs supported the treaty, support for the Constitution has sharply fallen among Czechs after the public votes, according to a poll by the STEM agency. A June survey which polled 1,651 Czechs in the first week of June, shortly after the treaty was rejected in France and the Netherlands, showed that 42% of Czechs would have voted in favour of the Constitution, down from 62% in April. Another poll taken in June by the SC&C agency showed that just 19 % of Czechs were in favour of the treaty.

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

Eurobarometer report, (February 2004): 64% rather agree, 17% rather disagree*

*Are you rather agree or rather disagree with the statement: The European Union must adopt a Constitution.

Eurobarometer report, (January 2005): 39% favourable, 20% opposed*

*Based on what you know, would you say that you are in favour of or opposed to the draft European Constitution?

Eurobarometer report, (July 2005): 44% favourable, 32% opposed*

*Based on the question, are you for or against a constitution for the European Union?

Latest News

19.08.2005 Czechs against continued ratification of EU constitution. EUobserver.com

19.06.2005 Czech president says EU constitution referendum is pointless. EUbusiness.com

13.06.2005 Czechs leaning towards 'no' on EU constitution: poll. EUbusiness.com

10.06.2005 Czechs PM calls for signal from EU leaders to vote yes on constitution. EUbusiness.com

Former News...

 

PROCEDURE

Referendum

 

STATE OF THE PROCEDURE

 

DATE OF REFERENDUM

postponed to the end of 2006 or the beginning of 2007.

(referendum was planed to take place in June 2006, together with next parliamentary elections)

 

RELEVANT DOCUMENTS AND MATERIAL

Link: EUROPEUM - Institute for European Policy

Král, D. (2005), The Czech ratification of the Constitutional Treaty - victim of the government crisis?, EUROPEUM Institute for European Policy, Prague, March 2005.

Kral, D.(2005), Pitfalls of the Constitutional Treaty Ratification in the Czech Republic, Institute for European Policy, Prague, January 2005.

The Federal Trust, EU Constitution Newsletter, November 2004, with country reports on Belgium and the Czech Republic.

 

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Doctorado en Unión Europea