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Constitutional practicability of referendum on EU ConstitutionYes. Binding referendum provided if total revision or partial revision effected. Otherwise binding referendum requires implementation by constitutional amendment. Public opinion poll expressly provided. Regulation about a special transfer of sovereignty to EUTransfer 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 amendmentMajority 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. Other constitutional regulations about referendumsPublic opinion poll can be held, Art. 41, 49b ConstAustria. Approval of constitutional amendmentMajority 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. Approval of transfer of sovereignty with effect of constitutional amendmentMajority 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. Marian Zdeb |
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