Constitution (2004)

REFERENDUMS HELD ON EUROPEAN MATTERS: none

CONSTITUTIONAL CONDITIONS - The Basic Law of Germany

Binding referendum requires implementation by constitutional amendment. Consultative referendum can anyhow be held if ordered by ad-hoc-law.

ARTICLES ABOUT INTERNATIONAL TREATIES, REFERENDUM AND CONSTITUTIONAL AMENDMENTS

Regulation about a special transference of power to EU:
none

Approval of transfer of sovereignty without effect of constitutional amendment:
Majority of votes from both chambers, Bundestag and Bundesrat, Art. 23 I 2 Basic Law

Approval of transfer of sovereignty with effect of constitutional amendment:
Majority of 2/3 from the members of parliament and 2/3 of votes from the senate, Art. 23 I 3, 79 II Basic Law. Limit of transfer is the "clause of eternity" for the fundamental principles of the constitution, Art. 23 I 3, 79 III, 20 Basic Law.

Approval of constitutional amendment:
Majority of 2/3 from the members of parliament and 2/3 of the votes from senate, Art. 79 II Basic Law.

Other constitutional regulations about referendums:
Referendum mentioned in Art. 29, 118 Basic Law for a new formation of the federal states. Art. 20 Basic Law mentions expressly that the people practise their sovereignty besides election and through special organs of legislation and execution by holding referenda.

RATING AND DEBATE

Decided

The German ‘Grundgesetz’ does not provide referendums at the federal level, nevertheless, according to a poll, more than 90% of the Germans were in favour of a referendum on the EU Constitution. The decisions of Mr. Blair and Mr. Chirac to hold referendums on the EU Constitution put some additional pressure on the German government. A constitutional amendment enabling a binding referendum would have needed the consent of the governmental coalition from Social Democrats and Greens as well as the consent of the Christian Democrats for the required two-thirds majority in the Bundestag and in the Bundesrat (second chamber). In October 2004, Berlin’s governing Socialist-Green coalition agreed to present changes to the German constitution, paving the way for a possible vote on the Constitution. But the opposition party CDU had already shown its disagreement, that is why a referendum on the Constitution was not very likely in Germany. The Social Democratic Party decided on 14.01.2004 against holding a national referendum on the Constitution, instead, the document was going to be ratified by the Parliament. The upper and lower houses debated the Constitution in May.
German and French heads of parliament, Wolfgang Thierse and Jean-Louis Debré, already agreed at the beginning of February to provide symbolic help ahead of French referendum. In order to increase the chances of a French “yes” in the referendum, the German parliament wanted to ratify the charter just before the French referendum.
A survey published on 08.05.05 found that 59 per cent of Germans would vote in favour in a referendum, while just 15 per cent were opposed.
On 12 May the German Bundestag and on 27 May the Bundesrat approved the Constitution with approval from all federal states except Mecklenburg-Vorpommern, which abstained.
Nevertheless the German Constitutional court is still considering a legal challenge to the Constitution by opposition politician Peter Gauweiler, who is a member of the conservative Christian Social Union and wants Germany to hold a referendum. Until the court has ruled on whether the treaty conforms with the German Grundgesetz, the German President will not complete the ratification process.

Efforts by German Chancellor Angela Merkel to revive the European Union's failed constitution during the German Presidency were dealt a setback in October 2007 when the country's high court delayed ruling on the text until as late as 2009. Siegfried Broß, rapporteur for the Court's Second Senate, wrote: "Faced with the ongoing discussions on a continuation of the European constitutional process following the failed referenda in France and the Netherlands and with the European Union's plans to present a road map for a possibly changed treaty with a new name under the German presidency during the first half of 2007, I do not see a need to prioritise a decision on the pending constitutional complaint against the ratification law."

Broß added that the Constitutional Court could not take a decision as long as EU discussion were going on because "this could bring the Court in a position of actively participating in shaping the European constitutional process, which would be incompatible with its role as bearer of last-instance decision competence"

More background information...

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

Eurobarometer report, (February 2004): 83% rather agree, 14% rather disagree*

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

Eurobarometer report, (January 2005): 54% favourable, 17% 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): 68% favourable, 21% opposed*

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

Latest News

24.11.2005 Merkel champions adoption of 'whole' EU Constitution. EUobserver.com

16.06.2005 EU constitution ratification delayed in Germany. EUobserver.com

15.06.2005 Köhler unterschreibt EU-Verfassungsgesetz nicht - Gauweiler beglückt. Der Spiegel

04.06.2005 EU constitution 'no' vote rules out expansion, say German lawmakers. EUbusiness.com

01.06.2005 German leader says EU treaty ratification process must go on. EUbusiness.com

Former News...

DECLARATIONS BY THE HEADS OF STATE AND GOVERNMENT

The old Europe is as good as new, Germany, France and Spain seek to join forces, 13.09.2004, (PDF) (in german)

PROCEDURE

vote in the national parliament

STATE OF THE PROCEDURE

The German President has to sign the Constitution

The German Bundesrat has ratified the Constitution on 27.05.2005. (66 yes, 3 abstentions).

The German Bundestag approved the Constitution on 12 May 2005. (568 yes, 23 No, 2 abstentions).

DATE OF REFERENDUM

Bundestag: 12.05.2005

Bundesrat: 27.05.2005

RELEVANT DOCUMENTS AND MATERIAL

Wagner, M. (2005), Fresh Faces, Tired Policies? - The German ‘Grand Coalition’ and the EU, EuropeanPolicyBrief, Issue 18, Dec 2005. (PDF)

Press conference of chancellor Schröder concerning the results of the European Council, 16./17. June, 18.06.2005. (HTML) (German)

German Bundestag, Protocol of the plenary debate regarding the European Union, 16.06.2005. (German) (PDF)

German Bundesrat, Protocol of the plenary debate regarding the ratification of the European Constitution, 27.05.2005. (German), (PDF)

German Bundesrat, Bill regarding the ratification of the European Constitution, 27.05.2005. (German), (PDF)

German Bundesrat, Bill regarding regarding the extention and strengthening of the competencies of the Bundesrat and Bundestag in European affairs, 27.05.2005. (German), (PDF)

Kölling, M. (2005), Working paper on the German parliamentary debate about the ratification of the European Constitution, University of Saragossa, 19.05.2005.(PDF)

German Bundestag, Protocol of the plenary debate regarding the ratification of the European Constitution, 12.05.2005. (PDF)

German constitutional court, Decision about the proposal to convoke a referendum on the European Constitution, 2 BvE 1/05 - 2 BvR 636/05, 28.04.2005, German, (HTML).

German Bundestag, Protocol of the 160. plenary debate regarding the European Constitution, 24.02.2005, (German) HTML, PDF

German Bundesrat, Stellungnahme des Bundesrates und Gegenäußerung der Bundesregierung zum "Entwurf eines Gesetzes zu dem Vertrag vom 29. Oktober 2004 über eine Verfassung für Europa", 23.02.2005, (PDF)

Gesetzentwurf der Bundesregierung: "Entwurf eines Gesetzes zu dem Vertrag vom 29. Oktober 2004 über eine Verfassung für Europa", 23.02.2005, (PDF)

Documents of the German Bundestag regarding a reform of the German Grundgesetz (German):

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

German Bundestag, Study regarding the ratification of the Treaty establishing a Constitution for Europe, Scientific Commission, Nr. 36/2004, 12.11.2004. (German)

Policy Statement by Federal Chancellor Gerhard Schröder in the German Bundestag regarding the agreement reached by the heads of state and government of the European Union on a European Constitution, Berlin, 02.07.2004.