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CROCODILE - 1 settembre 1992
Maastricht Ratification:Status

Here is an up-date of the Maastricht Treaty ratification

procedures till the French referendum on 20 September 1992.

We thank the services of the European Parliament for the information which make the publication of this dossier possible.

Since July, four countries have already ratified, either through a referendum (Ireland, 18 June and France, 20 September) or through parliamentary decision (Luxemburg, 2 July and Greece, 31 July).

Most countries should ratify before the end of the year, even if UK and the Netherlands do not exclude the possibility of some delay.

In most countries some modifications of the Constitution are necessary to adapt it to the new treaty.

In general, such changes should intervene before ratification, but this is not always the case: Italy and Luxemburg will modify their Constitutions after the ratification. In some cases, some existing laws, and not the Constitution, have to be modified, i.e. on the right to vote for EC members' citizens in local and European elections.

In most countries, the ratification of the Maastricht Treaty represents an occasion for an increase in the influence of the national parliaments on EC policies and especially on the activities of the governments at EC level.

So for instance, the French Parliament will have the right to vote on initiative resolutions on the EC activity, whereas it does not have this power in any other political and legislative field.

The German parliament has strengthened its control, particularly concerning the respect of the rights of the Länder.

Moreover, a second intervention of national parliaments is foreseen after the ratification for passing to the third step of Economic and Monetary Union; this is the case in UK but also in Germany, where the parliament wishes to be formally consulted.

The current constitutional modifications do not allow further transfers of competencies to the European level, such as those that could derive from the next Intergovernmental Conference foreseen in 1996 ( democratic deficit and common defense). The agreement between the Chancellor Kohl's government and the German Parliament foresees the approval by a two thirds majority of any further step in integration.

The referendum - after the votes in Denmark, Ireland and France, is at the centre of a lively debate.

In UK, political parties discuss about holding a referendum; in Spain the idea of a referendum has been launched by two national newspapers, by one national party (the United Left) and three regional parties. In Portugal, the issue is also discussed on the initiative of left and right wing parties, that can count on the discrete support of the President of the Republic.

In some countries, the constitutional modifications are sometimes different than the text of the Treaty.

In France the obligation foreseen by the Treaty of the right to vote and to stand in local elections for EC citizens has been reduced to a simple possibility.

In Luxembourg the Parliament has enclosed to the authorization to ratify a motion demanding to the government to limit strictly the vote of non citizens.

Finally, national parliaments will be called to authorize the ratification of several other agreements before the end of this year or the beginning of 1993: the Schengen agreement on the free circulation of people (already ratified by France, Spain and Portugal); the Treaty on the European Economic Area (EEC-EFTA) and the Association Agreements with Hungary and Poland.

The Ratification in each Country

The Belgian Chamber of Representatives has adopted a bill approving the Treaty by 146 'yes', 33 'no' and 3 abstentions.

(against: Volksunie, Flamse Block and Greens); the Senate will take a decision in October-November.

After the referendum on 2 June, (50,7% no and 49,3% yes) the government has announced that it will present a White paper on the relations between Denmark and the EEC. A new referendum could be organised but on new political bases; it is excluded that the danes will be called to vote on one or the other aspect of the Treaty signed on the 7th of February.

The case of Denmark will be dealt with by the European Council in Edinburgh or by an 'ad-hoc' Intergovernmental Conference.

The aim of the government is to find a model that enables the Danes to stay in the Community without having to accept the some important elements of the Maastricht Treaty ( common currency; common defense).

The social-democratic group has repeated its negative position towards the Treaty, rejecting a common currency, the security policy and any interference with Danish social policy and with the powers of local authorities.

On 21 July, the German government presented two bills for the ratification of the Maastricht Treaty (a simple majority is enough) and for the modification of the Constitution ( a 2/3rds majority is necessary). A new article 'Europe' will authorize the transfer of competencies to the EC and the Bundesrat will have to approve on all transfers of sovereignty to the European Union.

A representative of the Länder, appointed by the Bundesrat, will have the possibility to defend the rights of Germany vis-à-vis the European institutions.

The article precises that Europe has to respect the principles of democracy, of law, of the social and federal State and has to ensure the protection of the fundamental rights equal to those of the German constitution. The two bills will be submitted to the Bundestag on 7 October and to the Bundesrat on 25 November. The constitutional law foresees also the right to vote to the EC citizens and the role of the Bundesbank in the future European Central Bank.

The Spanish Parliament has modified the constitution (art. 13.2) to allow the right to stand to the EC citizens in the municipal elections. The ratification in itself will take place through a parliamentary procedure in Autumn. The holding of a referendum, that can be called only upon a demand of a tenth of the deputies (35) and a tenth of senators (26) seems pretty unlikely.

The Greek Parliament has ratified the Treaty on 31 July: 286 votes in favour and only 8 votes against (Greek Communist Party and one Green).

On 20 September, the French people have been called to answer to the following question " Is the ratification of the Treaty on European Union signed on 7 February 1992 and enclosed to the present bill authorized?"

The result of the referendum is a 58.85% of "yes".

On 18 June, the Irish people voted in a referendum in favour of the ratification of the Treaty by a large majority (69%).

The Italian Senate ratified the Treaty on 17 September, adopting at the same time a resolution engaging the government to go on the way of European Union, while the Chamber of Deputies will decide in the beginning of October.

The Italian constitution ( art. 75.2) prohibits the holding of a referendum abolishing a draft law authorizing the ratification of an international Treaty.

On 2 July, the Luxemburger Parliament has adopted the bill approving the Treaty, by 51 votes in favour and 6 votes against (greens and communists).

Following the vote of the Parliament, the Treaty can be ratified by the government without any previous modification of the Constitution. The latter will have to be modified in 1994, to allow the vote to foreigners.

In the Netherlands, there should not be many problems, despite a large series of punctual remarks contained in the opinion of the State Council.

The conclusion of the ratification process, started by the government on 3 June, is not foreseen before December or the beginning of January 1993.

The Portuguese government transmitted to the Assembly of the Republic the proposal of ratification, it is not possible yet to foresee a precise date for this latter, because of the necessary previous constitutional revision.

The British bill has been tabled in the House of Commons on 21 May. The House has approved the principle of the bill by 336 "yes" and 92 "no": 22 conservative MPs voted against ( the Major governments has a 21 votes majority), whereas the Labour Party abstained: the majority for ratification is thus not certain. The British government will have to start the final debate in the House of Commons after the Congress of the political parties, that will take place at the beginning of October. The two Chambers will open again on 19 October.

The ratification bill does not deal with either common foreign and security policy, or justice and internal affairs

that, according to the government belong to the intergovernmental cooperation and that will be ratified only by this latter.

 
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