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| REFERENDUMS
HELD ON EUROPEAN MATTERS: none |
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CONSTITUTIONAL
CONDITIONS - Constitution
of Portugal
Binding referendum expressly on international treaties provided. |
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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. |
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RATING
AND DEBATE
Eurobarometer
(2006), The Future of Europe - Results for Portugal,
Special Eurobarometer 251, Fieldwork: 23/02 – 15/03 2006.
(PDF
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Prime
Minister José Sócrates pledged to hold a referendum
on the European Constitution and called to hold a referendum
on the Lisbon Treaty; however, all parties except the Left Bloc
are hesitant to do so, fearing a knock-on effect causing other
states to hold a referendum as well. Sócrates, while
currently avoiding making a clear statement on the issue, has
stated he will announce his decision after the formal signing
of the treaty on 13 December 2007.
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"A
referendum in Portugal would jeopardise, without any reason
to do so, the full legitimacy of the ratification by national
parliaments that is taking place in all the other European countries,"
the Portuguese prime minister told members of the national parliament
on 9 January 2008, ruling out the possibility of consulting
the people directly on the ratification of the new EU Treaty.
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On 06.02.2008 the Portuguese parliament rejected the demand
from four parties for the ratification of the new EU reform
treaty by referendum. Almost all MPs from the ruling Socialist
party and the main opposition Social Democrat party rejected
the motion.
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On
23.04.2008 Portugal's parliament voted overwhelmingly to ratify
the Lisbon treaty. Despite 'no' votes from the Communist party,
Green party and Left Bloc of extreme leftists, the parliament
voted with 208 votes to 21 to ratify the document. The Communists
and Greens had unsuccessfully demanded a public referendum on
the treaty. The President of the European Commission, Jose Manuel
Barroso, said: "I would... like to congratulate the parliament
for the large majority for the treaty showing the unequivocal
Portuguese support for the European project," he said in
a statement. "This is another important step towards our
objective of a new treaty in force by January 1, 2009."
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Portuguese
President Anibal Cavaco Silva officially ratified the EU's reforming
Lisbon treaty on 09.05.2008, symbolically choosing 'Europe Day'
to do so.
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PROCEDURE
Parliamentary
vote |
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STATE
OF THE PROCEDURE
The
parliamentary ratification was held on the 23.04.2008. The Lisbon
Treaty was ratified by an overwhelming majority. (208 votes in favour
and 21 votes against) |
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RELEVANT
DOCUMENTS AND MATERIAL
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