Constitution (2004)

REFERENDUMS HELD ON EUROPEAN MATTERS: none

CONSTITUTIONAL CONDITIONS - Constitution of Portugal

Binding referendum expressly on international treaties provided.

ARTICLES ABOUT INTERNATIONAL TREATIES, REFERENDUM AND CONSTITUTIONAL AMENDMENTS

Approval of transfer of sovereignty without effect of constitutional amendment:
Majority of votes from parliament, Art. 166 V, 161 lit. i, 116, 168 ConstPortugal. On proposal of the parliament or the government a referendum is provided for on matters of national interest which is expressly the approval of an international convention, Art. 115 I, III, 161 lit. j, 197 I lit. e ConstPortugal.

Approval of transfer of sovereignty with effect of constitutional amendment:
Not expressly regulated, but constitutional amendment required.

Approval of constitutional amendment:
Majority of 2/3 from members of parliament, Art. 286 I ConstPortugal. Limit of the amendment are the fundamental principles of the constitution, Art. 288 ConstPortugal.

Other constitutional regulations about referendums:
Initiatives and referenda provided for, Art. 115, 167 ConstPortugal.

RATING AND DEBATE

Decided

Former Prime Minister Jose Manuel Barroso told parliament in June 2004 that his government would hold a referendum. His successor, Pedro Santana Lopes, reaffirmed this commitment and April 2005 has been mooted as a possible date. Both the right-of-centre Social Democrats, who lead the governing coalition, and the opposition Socialists were in favour of a referendum, but there were also fears about a low turnout in a referendum. Jose Manuel Durao Barroso, advised Portugal on 06.12.04 to delay the referendum because of the country's political crisis spawned by an early vote call.
The new Socialist government announced on 12.03.2005 that it would seek to have the Portuguese Constitution amended to allow a vote on the EU charter to be held jointly with the regional elections in October.
Finally on 2 June 2005 the majority-holding Socialists and the opposition Social Democrats agreed a common text to reform the Portuguese Constitution, in order to allow a referendum on the EU Constitution. The Parliament was set to vote on the text in a plenary session no later than June 15 and the Portuguese were set to vote on the Constitution simultaneously with local elections in December 2005.
Despite the results of the French and Dutch referenda the Portuguese government kept officially the referenda date. Nevertheless Foreign Minister Diogo Freitas do Amaral said his personal opinion was that the treaty was no longer viable and the Union should begin to work on a new treaty. In this sense he confirmed in a meeting with his counterparts in Lisbon on 15 June that the Portuguese government considered already before the EU summit to postpone the referendum, which was confirmed by Prime Minister Jose Socrates on 17.06.2005 in Brussels.
An opinion poll conducted by Marktest for the TSF radio station and the Diario de Noticias published on 29.06.2005, showed that only a minority of the Portuguese would have voted "yes" to the treaty if a referendum had taken place on this date. According to the poll the number of Portuguese in favour of the constitution has dropped from 54.4 per cent in May to 36.6 per cent in June. While 32.5 per cent said it would be senseless to continue the ratification process, 47.3 per cent of the polled said it still makes sense to hold a referendum despite the negative responses in other countries.

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

Eurobarometer report, (February 2004): 81% rather agree, 10% rather disagree*

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

Eurobarometer report, (January 2005): 40% favourable, 7% 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): 59% favourable, 12% opposed*

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

Latest News

17.06.2005 Portugal postpones EU consitution referendum. EUbusiness.com

06.06.2005 Portugal to keep October vote on EU constitution despite British move. EUbusiness.com

02.06.2005 Portugal vows to keep October vote on EU treaty despite Dutch, French 'no'. EUbusiness.com

Former News

PROCEDURE

Referendum

STATE OF THE PROCEDURE

The exact terms of the question(s) to be submitted to a referendum were a subject to thorough consultation among the major political parties and actors. According to Portugal's Constitutional rules, the question to be submitted must be formulated in an objective, clear and precise way, and directed to straight answers “yes” or “no”.
According to Portugal's Constitutional rules, if less than half of the electorate takes part in the referendum, it will have no binding effect.

DATE OF REFERENDUM

The referendum was postponed

RELEVANT DOCUMENTS AND MATERIAL

The Federal Trust, EU Constitution Newsletter, with country reports on the Netherlands and Portugal, March 2005, (PDF)

Tribunal Constitucional, Acórdão nº 704/04, sobre a Proposta de realização do referendo sobre a Constituição da Europa, 17.12.2004.