European Union The
Treaties of the European Union are a set of
international treaties between
member states that describe the
constitutional basis of the
European Union. Prior to the
Treaty of Lisbon's entry into force in 2009, there was only one procedure for the revision of the treaties on which the EU is based: the convening of an intergovernmental conference. Since 2009, Article 48 of the
Treaty on European Union has laid down two procedures for the revision of the treaties. •
Ordinary revision: this relates to key changes in relation to the competences of the EU and requires the convening of an intergovernmental conference to adopt proposals for amendments by consensus. All EU countries have to ratify the treaty amendments for them to enter into force. •
Simplified revision: where the proposed amendments relate to the EU's policies and its internal actions, the European Council unanimously adopts a decision on the amendments having consulted the commission, the Parliament and the European Central Bank (if the amendment concerns monetary matters). The new treaty provisions only enter into force following their ratification by all EU countries according to their own constitutional procedures.
Albania The
Constitution of Albania states its terms for being amending under Article 177 within "Part 17: Amending The Constitution". Article 177 is the only article under this part of the Albanian constitution.
Austria The
Constitution of Austria is unusually liberal in terms of constitutional amendments. Any piece of parliamentary legislation can be designated as "constitutional law", i.e., as a part of the constitution if the required supermajority and other formalities for an amendment are met. An amendment may take the form of a change of the
Bundes-Verfassungsgesetz, the centerpiece of the constitution, a change to another constitutional act, a new constitutional act, or of a section of constitutional law in a non-constitutional act. Furthermore,
international treaties can be enacted as constitutional law, as happened in the case of the
European Convention of Human Rights. Over the decades, frequent amendments and, in some cases, the intention to immunize pieces of legislation from
judicial review, have led to much "constitutional garbage" consisting of hundreds of constitutional provisions spread all over the legal system. This has led to calls for reform. A majority of two-thirds in the
National Council is all that is required for an amendment to take effect. Only in the case of a fundamental change (
Gesamtänderung) of the constitution a confirmation by referendum is required. Since 1945, this has only happened once when Austria's accession to the European Union was approved by popular vote. If a constitutional amendment limits the powers of the states, a two-thirds majority in the
Federal Council of Austria is required as well. Depending on the matter on hand, two-thirds of the Federal Councilors present (attendance of one-half of all Councilors is required), or two-thirds of all Federal Councilors must approve. If the amendment would change articles 34 or 35, the majority of councilors of at least four of the nine states is an additional requirement.
Belgium The
Constitution of Belgium can be amended by the federal legislative power, which consists of the
King (in practice, the
Federal Government) and the
Federal Parliament. In order to amend the Constitution, the federal legislative power must declare the reasons to revise the Constitution in accordance with Article 195. This is done by means of two so-called
Declarations of Revision of the Constitution, one adopted by the
Chamber of Representatives and the
Senate, and one signed by the King and the Federal Government. Following this declaration, the Federal Parliament is automatically dissolved and a new
federal election must take place. This makes it impossible to amend the Constitution unless an election has intervened. Following the election, the new Federal Parliament can amend those articles that have been declared revisable. Neither Chamber can consider amendments to the Constitution unless at least two-thirds of its members are present and the Constitution can only be amended if at least two-thirds of the votes cast are in favour of the amendment.
Bosnia and Herzegovina In the Article X, defining the amendment procedure, the
Constitution of Bosnia and Herzegovina states that it can be amended by a decision of the Parliamentary Assembly, including a two-thirds majority of those present and voting in the House of Representatives. The Constitution does not say who has the right, and under what rules, to present the amendments to the Parliamentary Assembly. Also, in the paragraph 2 of the Article X, the Constitution states that the rights and freedoms, as seen in the Article II, cannot be derogated, as well as the paragraph 2 itself. The Constitution of Bosnia and Herzegovina was amended once, in 2009, to include the outcome of the
Brcko District final award. Several constitutional reforms were attempted between 2006 and 2014, to ensure its compliance with the case law of the
European Convention on Human Rights in the
Sejdić and Finci v. Bosnia and Herzegovina and following cases (
Zornic,
Pilav) regarding ethnic- and residence-based discrimination in passive electoral rights for the
Presidency and
House of Peoples.
Bulgaria Under the current
Constitution of Bulgaria (1991), there are two procedures for amendment, depending on the part of the constitution to be amended: • Normal amendment procedure (Articles 153–156): the
Parliament can amend the Constitution for minor issues with a three-quarters majority, or two-thirds majority upon reintroduction in parliament after two months. This shall be done in three successive readings. • Special amendment procedure (Articles 157–163): this procedure is the only way to revise the international borders of Bulgaria; change the form of government in the country; change the form in which the
Constitution and
international treaties are applied in Bulgaria (Article 5) or suspend citizens' rights. When such amendment is needed, the Constitution envisages an election for
Great National Assembly, which consists of 400 deputies, with 200 elected by
proportional vote and 200 elected by the
first-past-the-post method. Then the amendments to the Constitution are passed by two-thirds majority in three successive readings.
Czech Republic Passage of a
constitutional act in the
Czech Republic can only be accomplished through the agreement of three-fifths of all
Deputies and
Senators present at the time the proposed act is laid before each house of
Parliament. It is the only type of
legislation that does not require the
signature of the
President to become law. Furthermore, it is the only type of legislation the President cannot
veto.
Denmark The
Constitution of Denmark provides an example of multiple special procedures that must be followed. After an amendment has been approved by parliament, a
general election must be held; the new parliament must then approve the amendment again before it is finally submitted to a referendum. There is also a requirement that at least forty percent of eligible voters must vote at the referendum in order for an amendment to be validly passed.
Estonia The
Constitution of Estonia can only be modified by three-fifths majority in two successive complements of Parliament, and a referendum for certain chapters.
Finland Amendments or revisions to the
Constitution of Finland (including replacement) can be proposed by the Government or by any member of Parliament. These must first be approved by a majority of Parliament, and then after a parliamentary election by a two-thirds supermajority. A proposal can be declared by a five-sixths supermajority of Parliament as “urgent,” after this it can be approved by two-thirds immediately – without an election. This second procedure is also used for emergency laws that temporarily deviate the Constitution.
France Amendments to the
Constitution of France must first be passed by both houses with identical terms, and then need approval either by a simple majority in a
referendum or by a three-fifths majority of the two houses of the French parliament jointly convened in
Congress.
Germany The
Federal Republic of Germany uses a
basic law as its constitution. The
Basic Law for the Federal Republic of Germany states its terms for amending under Article 79 of the document. The third paragraph was made by its framers to protect the country against a future totalitarian regime such as that of
Nazi Germany. This is an example of the
eternity clause in constitutional designing.
Greece The
Constitution of Greece is amendable through the terms which mentioned under Article 110 beneath "Section II: Revision of the Constitution" of "Part Four: Special, Final, and Transitional Provisions".
Ireland The
Constitution of Ireland can only be modified by
referendum, following proposal approved by the
lower and
upper houses of the Oireachtas, amongst citizens entitled to vote for the
President. The amendment succeeds by simple majority, and no
quorum is required.
Italy Article 138 of the Constitution provides for the special procedure through which the
Parliament can adopt constitutional laws (including laws to amend the
Constitution of Italy). Constitutional laws start by following the ordinary legislative procedure, which requires both houses of parliament to approve the law in the same text, with a simple majority (i.e. the majority of votes cast). However, after having been approved for the first time, they need to be voted for by both houses a second time, which can happen no sooner than three months after the first. In this second reading, no new amendments to the bill may be proposed: the bill must be either approved or rejected in its entirety. The constitutional law needs to be approved by at least a majority of MPs in each house (absolute majority) in its second reading. Depending on the results of this second vote, the constitutional law may then follow two different paths. • If the bill is approved by a qualified majority of two-thirds of members in each house, it can be immediately
promulgated by the
President of the Republic and become law. • If the bill is approved by a majority of members in each house, but not enough to reach the qualified majority of two-thirds, it does not immediately become law. Instead, it must be first be published in the
Official Gazette (the official journal where all Italian laws are published). Within three months after its publication, a constitutional
referendum may be requested by either 500,000 voters, five regional councils, or one-fifth of the members of a house of parliament. If no constitutional referendum has been requested after the three months have elapsed, the bill can be promulgated and becomes law. If a constitutional referendum is requested, in order to become law the bill must be approved by a majority of votes cast by the whole electorate. No
quorum is required, meaning that the referendum
turnout has no effect on its validity (unlike in other forms of
referendums in Italy). The form of republic may not be revised (art. 139 of the Constitution). Only four constitutional referendums have ever been held in Italy: in
2001 and
2020 (in which the constitutional laws were approved), and in
2006 and
2016 (in which they were rejected).
The Netherlands To change the
Constitution of the Netherlands the legislature must pass a law by simple majority proposing to change the constitution (
voorstelwet, lit. proposed law). The lower house must then be dissolved and after elections the proposal is considered again. To actually change the constitution the change must be passed by 2/3 majority in both houses of parliament.
Poland The
Constitution of Poland says the following under Article 235 of "Chapter XII: Amending the Constitution" within it:
Portugal The
Constitution is amendable through the terms prescribed under "Title II: Revision of the Constitution" of "Part IX: Guaranteeing and Revision of the Constitution" between Articles 284 and 289.
Romania The
Constitution of Romania mentions and outlines the terms by which it can be amended in "Article 150: Amendment Initiative", "Article 151: Amendment Procedure", and "Article 152: Limits to Constitutional Amendments". All three articles are written under "Title VII: Amendment of the Constitution" of the document.
Russia The
Constitution of
Russia was created by the Russian Federation in 1993. It can be amended in correspondence with Articles 134 through 137 of "Chapter 9: Constitutional Amendments and Revision of the Constitution" under the document. In 2008,
certain amendments were proposed which extended the terms of the
President of the Russian Federation and
State Duma members from four to six years and four to five years in duration respectively. These constitutional amendments are the first truly substantial amendments to the country's constitution added into the Russian constitution fifteen years prior to its adoption and implementation fifteen years earlier.
Serbia The
Constitution of Serbia states its terms for being amended between Articles 203 to 205 under "Part 9: Amending The Constitution" within the document. The parts of the Constitution related to the judiciary were
amended in 2022.
Spain The
Constitution of Spain can be amended through the procedures detailed between Articles 166 to 169 under "Part X: Constitutional Amendment" of the document. Additional details are provided between Sections 71 to 76 within the document as well.
Sweden The
Swedish Constitution consists of four fundamental laws: the Instrument of Government, the Act of Succession, the Freedom of the Press Act, and the Fundamental Law on Freedom of Expression. The Instrument of Government, under "Chapter 8. Acts of law and other provisions", articles 14 to 17, states that in order to amend the fundamental laws, the
Riksdag must take two identical decisions, and that these decisions must be separated by a general election. At least nine months shall elapse between the first submission of the amendment proposal and the date of the election, unless an exception is granted by the Committee on the Constitution with a majority of five sixths of its members. One third of members of the Riksdag can also call for a binding referendum on a draft constitutional measure which already passed the first vote.
United Kingdom In the
United Kingdom, devoid of a codified constitution and exercising pure
parliamentary sovereignty, the final authority on all quasi-constitutional matters is ultimately
Parliament itself (the legislature), by a simple majority. This means that when the legislature wishes to make changes to constitutional matters (i.e. relating to the machinery of government), there can be no entrenchment clause or special procedure which can stand in its way. Although consideration must be given to the
Human Rights Act 1998 (HRA) which supersedes all other legislation, that act can itself be amended or repealed by a simple majority of Parliament. Alternatively, Parliament may bypass the HRA by passing primary legislation that contains a
notwithstanding clause disapplying the HRA, or particular provisions of it, in relation to that legislation. An example of the latter is demonstrated in section 3 of the
Safety of Rwanda (Asylum and Immigration) Act 2024. Despite clauses such as those in the
Scotland Act 2016, which proclaims that Scotland's devolved government cannot be abolished except by a referendum, legal commentators have noted that the Parliament of the United Kingdom may set aside such a requirement by a simple majority. Such purported entrenchment clauses are thus little more than expressions of hope and sentiment on the part of a parliament. A similar situation could be found in the
Fixed-term Parliaments Act 2011 (FTPA), which, prior to its repeal by the
Dissolution and Calling of Parliament Act 2022, purported to restrict the ability of a Prime Minister on a whim to
dissolve Parliament and hold a general election, as was formerly the case before the enactment of FTPA and is the case again since its repeal. In 2019, this requirement was annulled by simple majority through the passing of the
Early Parliamentary General Election Act 2019, allowing a snap election to be held. This power of Parliament may be seen by some as a weakness of entrenchment clauses in the British system, but others contend it represents an unbridled democratic power of the electorate to effect rapid and dramatic change. Thus in the British system no parliament can bind its successor, it cannot pass an effective entrenchment clause seeking to tie the hand of future governments. ==Inadmissible amendments==