ARTICLES
ABOUT INTERNATIONAL TREATIES, REFERENDUM AND CONSTITUTIONAL AMENDMENTS
Approval
of transfer of sovereignty without effect of constitutional amendment:
Majority of 5/6 from members of parliament, § 20 ConstDenmark.
If majority of 5/6 is not reached but a majority of votes and government
holds on to the transfer of sovereignty, a referendum has to be
called, § 20 ConstDenmark. Even if majority of 5/6 is reached
a referendum can be called by a special law, § 42 I, VI ConstDenmark.
Approval
of transfer of sovereignty with effect of constitutional amendment:
Not expressly regulated but constitutional amendment required.
Approval
of constitutional amendment:
Majority from parliament after its disbandment and re-election,
additionally by mandatory and binding referendum, § 88 ConstDenmark.
Other
constitutional regulations about referendums:
Referendum on laws can be called, § 42 ConstDenmark. |
RATING
AND DEBATE ....
Decided
The
Danish government decided to ratify the Constitution in a referendum
and to decide in a separate referendum about Danish opt-outs, which
means Danish special agreements on EU defence, Justice, Citizenship
and the euro.
A survey published by Danish Radio on 2 November 2004 revealed that
54 per cent of the Danish people backed the European Constitution,
while only 17.4 per cent would have voted 'no' if a referendum was
held at the beginning of November 2004. At the end of the same month,
the Danish Ministry of Justice concluded that the EU Constitution
would curb Denmark's sovereignty in a number of areas.
On 21 December a clear majority of Danish Socialist People's Party's
members (63.8 per cent) approved the EU Constitution in an internal
referendum. The Socialist People's Party has often been the swing
party in tight Danish EU referenda and its position could influence
the outcome of the national referendum on the Constitution.
Also the Christian Democratic Party and the left-wing Red-Green
Alliancere opposed to the Constitution.
After the re-election of Denmark’s centre-right government,
internal battles in opposition parties started, which made an early
referendum on the Constitution less likely. "There is too much
noise on the line at the moment. To secure a safe yes to the constitution,
I believe the decision must be pushed as far as possible into 2006",
said Liberal MP Jens Kirk, the head of the European Committee in
the Danish Parliament, according to Kristeligt Dagblad. Nevertheless
on 28.02.2005 the Danish government announced that a referendum
would be held on 27 September 2005. Danish Prime Minister Anders
Fogh Rasmussen warned against rejecting the Constitution and said
that the government was keen on that Denmark's four exemptions secured
in the Maastricht Treaty, on joint defense, single currency, judiciary
cooperation and European citizenship, were included in the Constitution.
"We now have so many exemptions that it would not be possible
to demand new ones ... except for the one concerning our membership
in the EU. That's the only possible exemption that I see,"
said Rasmussen.
In March nearly half of all Danish voters were still uncertain how
they would vote in the country's September referendum on the Constitution.
A Ramboell Management poll for Jyllands-Posten newspaper showed
that 46 per cent said they had not decided which way to vote, while
33 per cent said they would vote for and 21 said they were against.
According to a poll published on 08.04.05
the Danish "no" camp had gained ground, jumping from 22.3
per cent in February to 23.4 per cent in March to 27.6 per cent
in April. A poll published on 11 April by Danish daily Jyllands-Posten,
showed that the yes-side was still in the lead and a poll published
on 22.05.2005 underlined this trend. The survey showed that 56 per
cent planned to vote in favour of the Constitution, while 25 per
cent said they definitely would vote "no".
Danish
Prime Minister Anders Fogh Rasmussen said that Denmark would hold
its referendum on the charter on September 27 regardless of whether
or not it is accepted in a French vote. However Danish Foreign Minister
Per Stig Moeller already said on 12.06, under the influence of the
outcome in France and the Netherlands and before the European Council
started, that the Danish government would reconsider the referendum
planned to be held on 27 September. Anders Fogh Rasmussen also called
for a period of reflection. "We do have to face political reality.
We cannot proceed as if nothing has happened. […] I would
recommend to have a break in the process." Formally on 16.06.05
he confirmed that Denmark had postponed plans for a referendum on
the Constitution without designating a new date because of uncertainty
caused by French and Dutch rejections and the information deficit
detected among the Danish population, this was the first state postponing
the ratification.
Five of seven Danish political parties, which were favourable to
the treaty, including the two right wing parties that make up Denmark's
coalition government, agreed at a meeting on 21 June to freeze a
parliamentary vote to pass a special law needed to make the referendum
possible and to launch an information campaign in the second half
of 2005 to help explain EU policy during the period of reflection.
Opinion polls conducted in the aftermath of the French and Dutch
referenda suggested that the Danish public opinion has swung against
the Constitution. An opinion poll, conducted by Catinet, published
on 14.06.2005 showed that the Danish government had the backing
of a majority of the country's voters with its decision to cancel
the referendum, 50% of Danish voters rejected the idea of a referendum.
Only a third of voters said that the government should stand by
its plan to ratify the constitution by referendum. But only 32%
said it would vote in favour, while 41 per cent would reject the
constitution. Several opinion polls conducted shortly after the
French and Dutch referenda confirmed this trend. Nevertheless the
same institute already detected a growing number o potential no
voter from 22.3 per cent in February to 23.4 per cent in March and
27.6 per cent in April.
Eurobarometer
(2006), The Future of Europe - Results for Denmark,
Special Eurobarometer 251, Fieldwork: 23/02 – 15/03 2006.
(PDF)
Eurobarometer
report, (February 2004): 60%
rather agree, 29% rather disagree*
*Are
you rather agree or rather disagree with the statement: The European
Union must adopt a Constitution.
Eurobarometer
report, (January 2005): 44% favourable, 26% 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): 42% favourable, 37% opposed*
*Based
on the question, are you for or against a constitution for the European
Union?
Latest
News
21.06.2005
Denmark confirms PM's call to freeze EU referendum. EUbusiness.com
16.06.2005
Denmark postpones plans for vote on EU charter. EUbusiness.com
16.06.2005
Danish voters go cool on EU referendum: poll. EUbusiness.com
13.06.2005
Danish EU constitution referendum in doubt, FM hints. EUbusiness.com
Former
News...
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RELEVANT
DOCUMENTS AND MATERIAL
Laursen, Finn. (2005),
Denmark
and the Constitutional Treaty: A Difficult Two-Level Game, in
European Union Studies Association (EUSA): Biennial Conference:
2005 (9th), March 31-April 2, 2005, pages 25, Austin, Texas.
Sørensen,
C.; Vestergaard, A.M. (2005), A
Perilous Democratic Exercise: The Referendum on the Constitutional
Treaty in Denmark, Danish Institute for International Studies,
EPIN Ratification Monitor, March 2005.
The Federal
Trust, EU
Constitution Newsletter, with country reports on Spain and Denmark,
February 2005.
Link:
The EU Information Centre of the Folketing, (HTML)
Danish Parliament,
European Affairs Committee, Report
on reforming the Folketing's treatment of EU issues, December
2004.
Political agreement between the Government (the Liberal Party,
the Conservative Party), the Social Democrats, the Socialist People's
Party and the Social Liberal Party regarding Denmark in the enlarged
EU (November 2004). (PDF)
Redegørelse
for Visse Forfatningsretlige Spørgsmål I Forbindelse Med Danmarks
Ratifikation af Traktat om en Forfatning for Europa, Justitsministeriet,
22 November 2004. (Constitution report of the Danish Ministry of
Justice)
Sørensen,
C. (2004), Danish
and British Euroscepticism, Danish Institute
for International Studies, Working Paper, December 2004.
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