ZAPATERO HAS PLEDGED to be the first country to submit the EU constitution to referendum, which is planned for next February (oddly, immediately after the March 11 bombings, all European countries proposed the formal signature to be held in Madrid instead of Rome, as a tribute to victims; with no explanation, Zapatero refused... maybe as a way to make people forget about the circumstances surrounding the election he won three days after the atrocity).
But European enthusiasm may cost him dearly; sometimes I wonder if he had actually realized all the implications:
The Spanish government came under fire yesterday for pressing ahead with plans for a referendum on the new European constitution despite warnings from legal experts that it may clash with Spain’s own constitution.No, I'm not going to make any bad taste joke about whether he'd win again without another terrorist attack.
It is a colossal blunder,” conservative opposition leader Mariano Rajoy said.
The 25-nation EU constitution, signed in Rome on Friday last week, says it “will take priority” over laws of member states. But an article in Spain’s 1978 charter says the country’s own constitution embodies its supreme law.
Spain’s Council of State, an advisory body, urged the government last week to consult with the Constitutional Court, Spain’s highest tribunal, on whether the two constitutions are compatible and do so before a referendum scheduled for February 20.
If the documents are incompatible, Spain would presumably have to amend its own to reconcile it with the European one. And that can be very messy.
Reforms deemed to be minor only require approval in both chambers of parliament by a three-fifths majority.
But in the worst-case scenario – if the court decides the reform affects basic rights spelled out in the Spanish constitution – the amendment would need approval by a two-thirds margin in both chambers of two successive legislatures.
Thus, the current Parliament would have to OK the amendment, and then be dissolved. New elections would be called, the new legislature would also have to endorse the reform and finally a referendum would be held.
Oops, I just did.
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