Portuguese referendum on the European Constitution
Encyclopedia
The Portuguese referendum on the Treaty establishing a Constitution for Europe was a planned referendum
to be held on October 9, 2005 to decide whether the Portugal
should ratify
the proposed Constitution
of the European Union
.
On 12 March 2005, the Prime Minister José Sócrates
said that he would seek to have the Constitution of Portugal
amended to allow that a referendum be held on October 9, 2005 alongside the municipal elections taking place at that time.http://edition.cnn.com/2005/WORLD/europe/03/12/portugal.eu.vote.reut/ The agreement between the two main parties was made on 1 June 2005.
According to the Portuguese Constitution, the result of the referendum is binding if more than of half of registered voters turn out. The text was to have been revised in June 2005 with the express purpose of allowing the referendum to be held on the same day as the municipal elections. This was the second time the Portuguese Constitution has been revised because of the European Constitution, as the original version did not allow referendums on international treaties.
Following the rejection of the European Constitution by voters in France in May 2005 and in the Netherlands in June 2005, and the extension granted to the ratification deadline, José Sócrates announced on 17 June 2005 that the government would postpone the referendum.
However, on December 2004, the Constitutional Court of Portugal rejected the proposed question, deeming it unclear. This resulted in the delay to the whole process, as a constitutional amendment would be required before allowing a referendum on the treaty itself.
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
to be held on October 9, 2005 to decide whether the Portugal
Portugal
Portugal , officially the Portuguese Republic is a country situated in southwestern Europe on the Iberian Peninsula. Portugal is the westernmost country of Europe, and is bordered by the Atlantic Ocean to the West and South and by Spain to the North and East. The Atlantic archipelagos of the...
should ratify
Ratification
Ratification is a principal's approval of an act of its agent where the agent lacked authority to legally bind the principal. The term applies to private contract law, international treaties, and constitutionals in federations such as the United States and Canada.- Private law :In contract law, the...
the proposed Constitution
Treaty establishing a Constitution for Europe
The Treaty establishing a Constitution for Europe , , was an unratified international treaty intended to create a consolidated constitution for the European Union...
of the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
.
On 12 March 2005, the Prime Minister José Sócrates
José Sócrates
José Sócrates Carvalho Pinto de Sousa, GCIH , commonly known by José Sócrates , is a Portuguese politician who was the Prime Minister of Portugal from 12 March 2005 to 21 June 2011....
said that he would seek to have the Constitution of Portugal
Constitution of Portugal
The first Portuguese Constitution was drafted in 1822. Several revolutions led to the constitutions of 1826 , 1838 , 1911 , 1933 , and 1976 ....
amended to allow that a referendum be held on October 9, 2005 alongside the municipal elections taking place at that time.http://edition.cnn.com/2005/WORLD/europe/03/12/portugal.eu.vote.reut/ The agreement between the two main parties was made on 1 June 2005.
According to the Portuguese Constitution, the result of the referendum is binding if more than of half of registered voters turn out. The text was to have been revised in June 2005 with the express purpose of allowing the referendum to be held on the same day as the municipal elections. This was the second time the Portuguese Constitution has been revised because of the European Constitution, as the original version did not allow referendums on international treaties.
Following the rejection of the European Constitution by voters in France in May 2005 and in the Netherlands in June 2005, and the extension granted to the ratification deadline, José Sócrates announced on 17 June 2005 that the government would postpone the referendum.
Initial plans and delay
The referendum was initially scheduled for April 2005 using the question "Do you agree with the Charter of Fundamental Rights, the rule of qualified majority voting and the new institutional framework of the EU, as defined by the European Constitution?", since Portugal's Constitution does not allow the text of a treaty to be put on a referendum directly.However, on December 2004, the Constitutional Court of Portugal rejected the proposed question, deeming it unclear. This resulted in the delay to the whole process, as a constitutional amendment would be required before allowing a referendum on the treaty itself.