HOUSE OF COMMONS RESEARCH PAPER 01/61 (28 JUNE 2001)

The European Communities (Amendment) Bill: Implementing the Treaty of Nice

Bill 3 of 2001-2002

...

B. Ratification in the other Member States

All the other Member States except Ireland are ratifying the Treaty via a parliamentary
process alone. Ireland held a referendum on ratification on 7 June 2001 in which the
electorate voted against the Treaty(96).

Below is a synopsis of the ratification procedures and progress in the other EU Member
States as of 16 June 2001.

Austria

There will be a vote on the Nice Treaty in the Nationalrat (National Council, the lower
house), for which a two-thirds majority will be required. A referendum would only be
necessary if the Treaty could be termed an amendment to the Constitution as a whole.

The First Reading of the draft law on Nice took place in the Nationalrat on 11 May.

Belgium

EC/EU treaties are generally considered to be "composite" treaties, that is to say, they do
not deal exclusively with matters of either community, regional or federal competence as
set out in the Belgian constitution. Arrangements for the ratification of such treaties are
laid down in a cooperation agreement between the federal authorities and the regional and
community authorities and are designed to strike a balance between the autonomous
prerogatives of the different components of the state. All parties at national and
sub-national government levels are involved on an equal footing at each stage of the
ratification procedure, although the whole process is co-ordinated by the federal Foreign
Affairs Ministry. Composite treaties are signed by the federal minister for foreign affairs
and the minister designated by the government of the regions and/or communities
concerned.

The ratification process has not yet been initiated, but as Belgium takes over the EU
Presidency on 1 July, the Government will be expected to make progress on ratification.

Germany

The Bundestag and the Bundesrat will need to approve the Treaty by a two-thirds majority
vote. The resulting law is then signed by the President. However, the German
Constitutional Court (Article 93(1)) may have to take a decision on the constitutional
implications of the Treaty, a process that could take around six months. Referendums are
ruled out in principle by the German Constitution, unless the matter at issue relates to
re-organisation of the federal Länder. The Länder are unlikely to reject the Treaty given the
Annex IV Declaration pledging future action on the delimitation of competences.

A draft law on Nice was submitted to the Bundesrat on 14 March 2001 and first reading
was completed on 11 May. The Bundestag has yet to consider the Treaty, which is likely
to be approved before the end of 2001.

Denmark

On 27 February the Danish Ministry of Justice report confirmed that the Nice Treaty did
not involve a transfer of power to a supranational organisation and could therefore be
passed by a simple majority in the unicameral parliament, the Folketing (97).

There are two possible routes for ratification according to the Danish Constitution. In
order to ratify a treaty which involves the transfer of powers to a supranational
organisation like the EU, there must be either a five-sixths majority in the Folketing,
or, if there is a smaller majority in the Folketing, ratification can take place if the Bill
is confirmed in a referendum. Had the Treaty been deemed to require a constitutional
amendment, the procedure would have been even more demanding. This would have to
be passed by two successive parliaments, with intervening elections, and then confirmed
by at least 40% of the electorate.

The Folketing adopted the draft ratification law on 1 June by 98 votes to 14 with 1
abstention, in spite of the powerful Eurosceptic lobby.

Treaties which enter into the domain of the legislative power of Parliament require
approval by Parliament. Parliamentary approval is by a simple majority of the votes cast
in the final, third reading of the Bill concerning the Treaty. However, if the provisions of
the Treaty are at variance with the Constitution, the Bill has to be approved by a majority
of two thirds of the votes cast in the third reading. The final decision on which procedure
to apply will be made by the Constitutional Law Committee of Parliament.
Obligatory referendums do not exist under the Finnish Constitution. An optional referendum
may be held for consultative purposes.

A draft ratification law was brought before Parliament on 14 June 2001.

It is the President of the Republic who ratifies treaties, but parliamentary authorisation is
necessary for treaties which relate to international organisations. There is no obligation to
hold a referendum, although a referendum was held on the Maastricht Treaty. The
governing left-right cohabitation ‘delivered’ the Nice Treaty as a success and has
promoted it in a positive light.

The Conseil d’Etat (Council of State) gave an Opinion on the Treaty on 3 May 2001. The
National Assembly debated the Treaty on 5 June 2001 and formally approved it on 12
June by 407 votes to 27 with 113 abstentions (98).

It is likely to pass through all stages before the summer recess.

Greece

According to the Greek Constitution, the Treaty requires parliamentary ratification
(simple majority). Article 44 of the Constitution allows the possibility, in the case of vital
national interests, for the President of the Republic to call a referendum after a resolution
supported by a majority in Parliament on a proposition from the Council of Ministers.

The parliamentary process has not yet begun.

Ireland

If ratification of an international treaty requires changes to the Irish Constitution, then a
referendum must be held prior to the parliamentary process. The draft ratification law was
published on 29 March 2001. In the referendum on 7 June 2001, 35% of the electorate
voted by 53.9% to 46.1% against ratification of the Treaty. The Irish Government is now
in the process of considering how to proceed.

Italy

Under the Italian Constitution, both the Senate and the Chamber of Deputies must
authorise the ratification of the Treaty, on a vote by simple majority. This procedure could
take an estimated six to twelve months. The Constitution does not provide a basis for a
direct obligation to hold a referendum on ratification of the Treaty.

Italy’s recent change of government, bringing in the right-wing Silvio Berlusconi, has
created political uncertainty about the timetable for ratification.

Luxembourg

According to the terms of Article 37 of the Luxembourg Constitution, the Grand Duke
concludes treaties, but they are not effective until they have been approved by the
Chamber of Deputies. The Luxembourg Constitution does not make provision for
referendums as an instrument of ratification of international treaties.

A draft ratification law has been under the scrutiny of the European Affairs Committee
since 23 April 2001.

Netherlands

The ratification of the Treaty of Amsterdam requires the vote of the national parliament
by a simple majority of votes.

The ratification process has not yet begun.

Portugal

Ratification is completed by means of a decree adopted by the Assembly of the Republic,
following a report by the competent Standing Committees. A new Constitution came into
force in October 1997, and established that a referendum can be held on questions of
relevant national interest that concern international conventions. However, the Nice
Treaty was not considered to be in this category.

A draft ratification law was submitted to the Parliament on 30 May 2001.

Sweden

The approval of the Riksdag (the Swedish Parliament) by three-quarters of those voting is
required if a treaty relates to a subject over which the Parliament has competence.

The ratification process has not yet begun.

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96 See Library Research Paper 01/57, The Irish Referendum on the Treaty of Nice, 21 June 2001.

97 Agence France Presse, 27 February 2001.

98 The verbatim report of the debate can be found on the French National Assembly website at:

http://www.assemblee-nationale.fr/cra/2000%2D2001/2001061215.asp#P142_33496.