Constitution (2004)

REFERENDUMS HELD ON EUROPEAN MATTERS: none

CONSTITUTIONAL CONDITIONS - Constitution of Luxembourg

Binding referendum requires constitutional amendment. Consultative referendum expressly provided.

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 from parliament, Art. 37 I, 46 ConstLux.

Approval of transfer of sovereignty with effect of constitutional amendment:
Majority of 2/3 from the members of parliament by presence of at least 3/4 of its members, Art. 37 II, 49a, 114 V ConstLux. In contradiction to Art. 51 EC only temporary transference allowed within Art. 49a ConstLux.

Approval of constitutional amendment:
Majority of 2/3 of the votes from the parliament by presence of 3/4 of its members after the parliament has declared the necessity of a constitutional amendment, its disbandment and re-election, Art. 114 ConstLux.

Other constitutional regulations about referendums:
Consultative referendum provided for in the constitution, Art. 51 ConstLux.

RATING AND DEBATE

Decided

Luxembourg will hold a referendum on the European Constitution on 10 July 2005, it emerged on the 10th of November. Luxembourg was one of the first EU member states to support and recommend the Constitution. And now every parliamentary party is happy about it: from the governing coalition of Christian Democrats and Socialists, to the opposition parties (Liberals, Greens, and the ADR, a party fighting for better private pensions). The only dissenting voice is a far-left party called "di Lenk" (the Lefties) which organizes all opponents including leftwing pacifists, animal protection activists and a few more very different lobbies, who oppose to the new treaty because they say it is too market-orientated and does not do enough for workers.
On 16.06.2005 Prime Minister Jean-Claude Juncker said it was up to his country's parliament to decide if a vote on the EU's crisis-torn constitution goes ahead. He said the assembly had approved July 10 for a referendum and that "in light of the debate at the European Council (the parliament) must decide whether or not a longer period of dialogue is appropriate in the case of Luxembourg."

On 28.06.2005 the parliament ratified the Constitution, 55 MPs voted in favour and five MPs from the populist ADR party not present for the vote. Socialist MP Ben Fayot, the rapporteur on the law for the constitution, said that "Luxembourg needs the European Union more than any other country" adding that a yes would mean "more European integration".

On 10.07.2005 a clear majority of Luxembourgers voted in favor of the Constitution. Officials said 56.52 percent of the vote was in favor of the Constitution, while 43.48 percent voted against it. Prime Minister Jean-Claude Juncker said: "The message that has come out and which is addressed to Europe and the world is that the constitution is not dead after the votes in France and the Netherlands".

After the positive outcome of the referendum the parliament finally ratified the Constitution in a second lecture on 25.10.2005 where 57 MPs voted in favour.

More background information...

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

Eurobarometer report, (February 2004): 86% rather agree, 11% rather disagree*

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

Eurobarometer report, (January 2005): 57% favourable, 12% 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): 63% favourable, 20% opposed*

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

Latest News

17.08.2005 Lawyer files case to annul Luxembourg referendum. EUobserver.com

16.08.2005 Luxembourg lawyer tries to get EU constitution referendum annulled. EUbusiness.com

10.07.2005 EU leaders welcome Luxembourg approval of constitution. EUbusiness.com

10.07.2005 Luxembourg gives breath of air to gasping EU constitution. EUbusiness.com

10.07.2005 Luxembourg says yes to EU constitution. EUobserver.com

09.07.2005 Luxembourg readies for tight EU constitution vote. EUbusiness.com

08.07.2005 Luxembourg's PM worried ahead of EU referendum. EUbusiness.com

08.07.05 Tight referendum expected in Luxembourg. EUobserver.com

06.07.2005 Luxembourg must not become EU treaty's 'undertaker': FM. EUbusiness.com

Former News...

PROCEDURE

Chamber of deputies will first vote a draft legislation concerning the ratification of the
European Constitution. This draft will be subject to a compulsory referendum.

The question is:

"Êtes-vous en faveur du Traité établissant une Constitution pour l’Europe, signé à Rome, le 29 octobre 2004?"
"Sidd Dir fir den Traité iwwert eng Konstitutioun fir Europa, ënnerschriwwen zu Roum, den 29. Oktober 2004?"
"Sind Sie für den Vertrag über eine Verfassung für Europa, unterzeichnet in Rom, am 29. Oktober 2004?"

Some 223,000 people were eligible to cast ballots. Voting is mandatory for eligible voters in the country.

STATE OF THE PROCEDURE

The parliament ratified the Constitution in its first reading on 28.06.2005 (55 yes, 5 not presented)

On 10.07.2005 Luxembourger backed the Constitution in a referendum, where 56.52 per cent of the vote was in favor of the constitution, while 43.48 per cent voted against it.

The parliament ratified the Constitution also in its second reading on 25.10.2005 (57 yes)

DATE OF REFERENDUM

10 July 2005

RELEVANT DOCUMENTS AND MATERIAL

The Federal Trust, EU Constitution Newsletter, July 2005, country report on Luxembourg . (PDF)

Link: Gouvernement luxembourgeois: Résultats officieux au niveau national (HTML)

Link: Gouvernment's site on the EU Constitution

Link: La Chambre des Députés: une Constitution pour l’Europe

Rigo, A. (2005), The ratification process of the European Constitution in Luxemburg: a large consensus amongst the political class for holding a referendum, Faculté de Science politique, Département des Relations Internationales, Université Catholique de Louvain la Neuve, February 2005.

La loi du 4 février 2005 relative au référendum au niveau national, (PDF)