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facts on ratification

Constitutional practicability of referendum on EU Constitution

No. Binding referendum requires implementation by constitutional amendment. Consultative referendum can anyhow be held if ordered by ad-hoc-law.

 

Regulation about a special transference of power to EU

none

 

Approval of transfer of sovereignty without effect of constitutional amendment

Majority of votes from both chambers, Art. 23 I 2 ConstGermany.

 

Approval of transfer of sovereignty with effect of constitutional amendment

Majority of 2/3 from the members of parliament and 2/3 of votes from the senate, Art. 23 I 3, 79 II ConstGermany. Limit of transfer is the "clause of eternity" for the fundamental principles of the constitution, Art. 23 I 3, 79 III, 20 ConstGermany.

 

Approval of constitutional amendment

Majority of 2/3 from the members of parliament and 2/3 of the votes from senate, Art. 79 II ConstGermany.

 

Other constitutional regulations about referendums

Referendum mentioned in Art. 29, 118 ConstGermany for a new formation of the federal states. Art. 20 ConstGermany mentions expressly that the people practise their sovereignty besides election and through special organs of legislation and execution by holding referenda.

Marian Zdeb

 

Germany

area ~ 357.000 sq km
 
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