Constitution (2004)

REFERENDUMS HELD ON EUROPEAN MATTERS: 1

1994: EU - Accession (Yes 67 % - No 33 % - Turnout 82 %)

CONSTITUTIONAL CONDITIONS - Constitution of Austria

Binding referendum provided if total revision or partial revision effected. Otherwise binding referendum requires implementation by constitutional amendment. Public opinion poll expressly provided.

ARTICLES ABOUT INTERNATIONAL TREATIES, REFERENDUM AND CONSTITUTIONAL AMENDMENTS

Regulation about a special transfer of sovereignty to EU :
Transfer concerning the Common Defence Policy and an integration of the WEU into the EU has to be approved by a majority of 2/3 of both chambers by presence of at least 1/2 of their members, Art. 23f I, 44 I, II ConstAustria.

Approval of transfer of sovereignty without effect of constitutional amendment:
Majority of votes from parliament, from senate only if its competencies concerned (a notice of opposition given by the senate can be outvoted by the parliament with a majority of votes by presence of at least 1/2 of its members), Art. 50, 42 ConstAustria.

Approval of transfer of sovereignty with effect of constitutional amendment:
Majority of 2/3 of votes from parliament by presence of at least 1/2 of its members, also from senate required if its competencies concerned, Art. 50 I, III, 44 I, II ConstAustria.

Approval of constitutional amendment:
Majority of 2/3 from parliament by presence of at least 1/2 of its members, Art. 42 I ConstAustria, also from senate if its competencies concerned, Art. 44 II ConstAustria. A partial revision additionally by Referendum if demanded by 1/3 of the members from one of the chambers, Art. 44 III ConstAustria. An over-all revision of the constitution additionally by mandatory Referendum, Art. 44 III ConstAustria.

Other constitutional regulations about referendums:
Public opinion poll can be held, Art. 41, 49b ConstAustria.

RATING AND DEBATE

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

• In the forefield of the ratification, the Bundeskanzler stressed his opposition to a referendum. The government was considering passing a bill in December to accelerate ratification processes in general and the required parliamentary majority was expected to be easily reached, with the only opposition from the right-wing FPÖ and BZÖ.
• On 09.04.2008 the Austrian parliament ratified the Lisbon Treaty. The treaty, backed by the ruling Social Democrats and conservatives, as well as the opposition Greens, was ratified by 151 votes in favour and 27 against. Only the two opposition far-right parties fought the move. The Parliament's plan to ratify the new EU treaty met strong opposition during April 2008, with thousands protesting in the streets of Vienna and over 100,000 people signing a petition demanding a referendum on the treaty.
  "This reform treaty is a step in the right direction," said Social Democrat Chancellor Alfred Gusenbauer, although he noted that the EU's 27 member states "are not prepared to take on more of Europe."
  Opposition Green party leader Alexander Van der Bellen, meanwhile, argued that the benefits from the treaty were greater than its faults. "Austria alone will not have a chance against large multinational companies, it can only survive within the European Union," he said.
• On 28.04.2008 Austrian President Heinz Fischer put his signature to the Lisbon Treaty . His signature was the final step in the ratification process, after the EU treaty was approved by the council of ministers and both houses of parliament.

PROCEDURE

Parliamentary vote

STATE OF THE PROCEDURE

The parliamentary ratification was held on the 09.04.2008, 151 deputies voted in favour and 27 against approving the ratification of the Treaty.

RELEVANT DOCUMENTS AND MATERIAL