Constitution (2004)

REFERENDUMS HELD ON EUROPEAN MATTERS: 1

1989: The EC as a federal state based on a European Constitution - (Yes 88 % - No 12 % - Turnout 85 %)

CONSTITUTIONAL CONDITIONS - Constitution of Italy

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.

ARTICLES ABOUT INTERNATIONAL TREATIES, REFERENDUM AND CONSTITUTIONAL AMENDMENTS

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.

RATING AND DEBATE

Decided

Italy has already voted in a referendum on an European issue and governmental representatives in the Convention have signed the referendum resolution of the European Referendum Campaign. Prime Minister Silvio Berlusconi as well as Deputy Prime Minister Gianfranco Fini indicated in 2004 that Italy would hold a referendum. Also, Foreign Minister Franco Frattini did not exclude it.
Nevertheless a referendum on the Constitution would have required a constitutional reform or the approval of a specific law allowing a referendum on this matter, this would have implied a long delay in the ratification process, contradicting a quick ratification, desired by many political leaders. There were also fears that a vote could be influenced by specific questions as the lack of reference to the EU’s Christian roots or by strictly domestic issues. Apart from that, some politicians were also worried about the risk of a low turnout.
Finally on the 25 January, the Italian Chamber of Deputies approved the Constitution by a majority of 436 in favour, 28 against and 5 abstentions and on 06 April the vote by the upper house saw 217 vote in favour and 16 against the new EU charter.

More background information...

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

Eurobarometer report, (February 2004): 92% rather agree, 7% rather disagree*

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

Eurobarometer report, (January 2005): 72% favourable, 10% 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): 74% favourable, 11% opposed*

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

Latest News

05.07.2005 Italian president rallies to defence of EU constitution. EUbusiness.com

07.04.2005 Italy ratifies European Constitution. EUobserver.com

07.04.2005 Brussels welcomes Italian ratification of EU charter as a 'good sign'. EUbusiness.com

06.04.2005 Italy becomes first major EU power to ratify constitution. EUbusiness.com

26.01.2005 Italy’s lower house approves EU Constitution. EUobserver.com

19.10.2004 Italy aims to be first to ratify Constitution EUobserver.com

PROCEDURE

vote in the national parliament

STATE OF THE PROCEDURE

Constitution has been approved by the Chamber of Deputies on 25.01.2005 and by the Senate on 06.04.2005.

DATE OF REFERENDUM

25.01.2005 Ratification by the Chamber of Deputies

06.04.2005 Ratification by the Senate

RELEVANT DOCUMENTS AND MATERIAL

Link: Site of the Senate regarding the ratification of the Constitution.

Link: Site of the Chamber of Deputies, link to the Chamber Site with regard to the Constitution.

The Federal Trust, EU Constitution Newsletter, December 2004, with country reports on Germany and Italy.

Interview with Foreign Minister Frattini, La Stampa, 21.10.2004