The Ratification Process in EU Member States: A presentation with particular consideration of the TTIP and CETA free trade agreements
For many months, the European public has been occupied in numerous debates concerning the necessity for ratification of trade agreements such as the TTIP (Trans-Atlantic Trade and Investment Partnership) and the CETA (Comprehensive Economic and Trade Agreement) by the individual member states of the European Union. The prerequisite of an additional national ratification represents a significant obstacle to be overcome for the TTIP and CETA free trade agreements. This can be an insurmountable prerequisite for the free trade agreements, particularly where referendums are provided for in place of parliamentary approval. They are, after all, essentially met with fierce rejection among the European population.
Firstly, a short overview of the conclusion of international agreements and the content of the provisions of the TTIP and CETA is presented. Then, this paper shall give an overview of the ratification processes in the individual member states of the European Union. Particular consideration is given here to the issue of whether the possibility of a referendum exists for approval of the TTIP and CETA in the member states.
The complete study of Dr Anna Eschbach can be found here: Eschbach_Ratification TTIP CETA in EU MS-EN
Summary
Table 1 presents a general overview of the need for a parliamentary approval procedure, the structure of national parliaments, and the possibility of a referendum on the approval of TTIP and CETA.
In Tables 2 and 3 it is worth noting that the terms shown in italics are subject to the respective understanding of the Constitution or discretion of the national government and parliaments. It is uncertain whether the TTIP and CETA free trade agreements will actually be classified under the terms shown in italics by the national governments and parliaments. The assumption is often evident, however.
Table 1: General presentation of results
| Country | Parliamentary approval is required | Parliament Structure | Referendum possible |
| Belgium | yes | Bicameral | no |
| Bulgaria | yes | Unicameral | yes |
| Denmark | yes | Unicameral | yes |
| Germany | yes | Bicameral | no |
| Estonia | yes | Unicameral | no |
| Finland | yes | Unicameral | no |
| France | yes | Bicameral | yes |
| Greece | yes | Unicameral | yes |
| Ireland | yes | Bicameral | yes |
| Italy | yes | Bicameral | no |
| Croatia | yes | Unicameral | yes |
| Latvia | yes | Unicameral | no |
| Lithuania | yes | Unicameral | yes |
| Luxemburg | yes | Unicameral | no |
| Malta | no | Unicameral | no (only if “Act of Parliament”) |
| The Netherlands | yes | Bicameral | yes |
| Austria | yes | Bicameral | yes |
| Poland | yes | Bicameral | yes |
| Portugal | yes | Unicameral | no |
| Romania | yes | Bicameral | yes |
| Sweden | yes | Unicameral | no |
| Slovakia | yes | Unicameral | yes |
| Slovenia | yes | Bicameral | no |
| Spain | yes | Bicameral | no |
| Czech Republic | yes | Bicameral | no |
| Hungary | yes | Unicameral | yes |
| United Kingdom | yes | Bicameral | yes |
| Cyprus | yes | Unicameral | no |
The need of an approval law
The presentation has led to the conclusion that a parliamentary approval process will likely be necessary in all member states, with the exception of Malta. The table below examines the requirements in the constitutions and shows how the competencies are distributed within multicameral systems. Bicameral systems are systems where the legislative power comprises two chambers or houses.
Table 2: Requirements for and participation in the parliamentary approval process
| Country | Requirements | Participation in Parliament |
| Belgium | no further requirements in the Constitution | bicameral, equal rights |
| Bulgaria | Art. 85 Par. 1, international treaty results in financial obligations of the state | unicameral |
| Denmark | no other requirements in the constitution | unicameral |
| Germany | Art. 59 Par. 2, international treaty concerns political ties of the federal government or the object of federal legislation | bicameral, unequal rights |
| Estonia | Section 121 No. 4, international treaty results in military or material obligations | unicameral |
| Finland | Section 94 Par. 1, international treaty falls under legislation or has another significant meaning | unicameral |
| France | Art. 53, international treaties that are peace or trading agreements or agreements on state finance, civil status or changes of legal regulations | bicameral, equal rights |
| Greece | Art. 36 Par. 2. international treaties concerning trade and taxes, economic cooperation and participation in international organisations or associations and agreements with concessions that could not be disposed of according to other regulations of the Constitution without a law or that personally encumber the Greek people | unicameral |
| Ireland | no further requirements in the Constitution | bicameral, unequal rights |
| Italy | Art. 80, political international agreements, agreements on arbitration, regulations about justice, territorial changes, financial burdens or the amendment of laws | bicameral, equal rights |
| Croatia | Art. 140, international treaties that result in the enactment or amendment of a law, of military or political nature, financial obligate the Republic of Croatia | unicameral |
| Latvia | Art. 68, the international treaty must concern a legislative issue | unicameral |
| Lithuania | Art. 138, particularly No. 6: international treaty is a multilateral or long-term economic agreement | unicameral |
| Luxemburg | no further requirements in the Constitution | unicameral + review by the State Council |
| Malta | Art. 3 Ratification Act, international treaty must concern Malta’s status, Malta’s security, sovereignty, independence, or territorial integrity, or Malta’s relations with a multinational organisation | unicameral |
| The Netherlands | no further requirements in the Constitution | bicameral, equal rights |
| Austria | Art. 10 Par. 1 No. 2, 50 Par. 1 No. 1, Ratification by the National Council | bicameral, unequal rights |
| Poland | Art. 89 No. 6, Matters that have been regulated in the law or for which a law is provided for in the Constitution | bicameral, unequal rights |
| Portugal | Art. 161 i.), international treaties, if they concern issues of exclusive legislative competency, agreements on the participation of Portugal in international organisations friendship, peace, defence, border correction and settlement agreements that concern military matters | unicameral |
| Romania | no further requirements in the Constitution | bicameral, equal rights |
| Sweden | Chapter 10 Section 3, international treaties requiring a change or repeal of a law or enactment of a new law, that concern an issue within the scope of Parliament’s duties | unicameral |
| Slovakia | Art. 7 Par. 4, international political treaties, international general commercial treaties, international treaties requiring a law in order to enter into force | unicameral |
| Slovenia | no further requirements in the Constitution | bicameral, unequal rights |
| Spain | Art. 94 e.), international treaties that require a change or repeal of a law or necessitate legislative measures | bicameral, unequal rights |
| Czech Republic | Art. 49, international treaties, which affect the rights or obligations of a person, peace treaties, political treaties under which the Czech Republic is a member of an international organisation, general economic agreements | bicameral, unequal rights |
| Hungary | Art. 1 Par. 2, international treaties fall under the legislative competency of Parliament | unicameral |
| United Kingdom | Part 2 Constitutional Reform and Governance Act; government can conclude treaties, Parliament can comment | bicameral, unequal rights |
| Cyprus | Art. 169, in economic and financial matters, additional consultation of the Council of Ministers | unicameral |
The possibility of a referendum
Table 3 demonstrates the general possibility of a referendum on approval of international treaties in the member states and the requirements in which such a referendum for approval of TTIP and CETA would be possible.
Table 3: Referendums in the EU on approval of international treaties
| Country | Referendum possible | Requirements |
| Belgium | no | – |
| Bulgaria | yes | Art. 84 No. 5, 98 No. 1 decision of the National Assembly, if an initiative of 200,000 eligible voters, a matter of national significance |
| Denmark | yes | Section 42 Par. 1, application of a third of the Folketing members, three days after the law is passed |
| Germany | no | – |
| Estonia | no, expressly excluded for international treaties | – |
| Finland | no | Section 53, only consultative referendum is possible |
| France | yes | Art. 11, on a proposal of the government or of the two chambers, proclaimed by the President for economic or social policy, the contributing public services, to authorise ratification of a treaty |
| Greece | yes | Art. 44 Par. 1, on important national matters or adopted draft laws on important social matters, if three-fifths of the members of Parliament decide on proposal of two-fifths of the deputies |
| Ireland | yes | Art. 25, 27, if the resolution of the majority of members of the Senate and not less than one-third of the members of the Chamber of Deputies on a matter of particular importance for the nation |
| Italy | no, expressly excluded for international treaties | – |
| Croatia | yes | Art. 87, Sabor can decide if requested by at least 10% of the electorate |
| Latvia | no, expressly excluded for international treaties | – |
| Lithuania | yes | Art. 67 No. 3, Seimas decides about admissibility, admissible if there are 300,000 signatures from the population or on suggestion of one-fourth of the members of Parliament |
| Luxemburg | no | – |
| Malta | no | There is a provision for a referendum for “Act of Parliament”, evidently not needed for approval of CETA |
| The Netherlands | yes | At the request of 300,000 citizens |
| Austria | yes | Art. 43, referendum must be requested by a decision of the National Council or by the majority of the National Council |
| Poland | yes | Art. 125, decree of Sejm and the President, if the case is of special importance for the country |
| Portugal | no, expressly excluded for international treaties | – |
| Romania | yes | Art. 90, on request of the President after consulting Parliament for matters of national interest |
| Sweden | no | – |
| Slovakia | yes | Art. 93 Par. 2, important matter of public interest, on petition of the citizens or resolution of the National Council + review of the Constitutional Court |
| Slovenia | no, expressly excluded for international treaties | – |
| Spain | no | – |
| Czech Republic | no | – |
| Hungary | yes | THE STATE /Art. 8, Initiation by 200,000 voters or 100,000 + proposal of the President (admissibility is then left to the discretion of Parliament) |
| United Kingdom | yes | so far only in constitutional issues |
| Cyprus | no | – |