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facts on ratification

Constitutional practicability of referendum on EU Constitution

No. Binding referendum provided for several cases but referendum on international treaties expressly excluded. For binding referendum constitutional amendment required. Consultative referendum can anyhow be held if ordered by ad-hoc-law.

 

Approval of international treaties and transfer of sovereignty without effect of constitutional amendment

Majority of votes from parliament, Art. 121, 73 ConstEstonia.

 

Approval of transfer of sovereignty with effect of constitutional amendment

International treaties that are in conflict with the constitution shall not be ratified, Art. 123 ConstEstonia. As a consequence constitutional amendment required.

 

Approval of constitutional amendment

Parliament orders approval by referendum, by two successive approvals from parliament first with majority of its members, second with majority of 3/5 of its members or in case of urgency by majority from 2/3 of its members, Art. 163, 164, 165, 166. Amendment of fundamental principles of constitution and of rules about amending the constitution by referendum, Art. 162 ConstEstonia.

 

Other constitutional regulations about referendums

Parliament has the right to submit a bill or another national issue to a referendum but new-elections have to be set if the referendum doesn´t confirm the bill, Art. 105 ConstEstonia. Referendum on international treaties expressly excluded, Art. 106 ConstEstonia.

Marian Zdeb

 

Estonia

area ~ 45.000 sq km
 
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