CONSTITUTIONAL OVERHAUL PROVISION CHART

Legal Memoranda





April 2013







1
Statement of Purpose

The purpose of this memorandum is to identify which, if any, European Union member states, or future
member states, have a constitutional provision that explicitly allows the state legislature to undertake a complete
overhaul of the state constitution.

STATE EXPLICIT
CONSTITUTIONAL
OVERHAUL CLAUSE?
CONSTITUTIONAL PROVISION
1. Austria Yes Art. 44 provides that any total revision of the constitution via the legislative
process shall be submitted to a referendum submitted to the entire state before
authentication by the Federal President.
1

2. Belgium No
3. Bulgaria Yes, with some limitation. Art. 153 allows for the amendment of all constitutional provisions except
those within the prerogative of the Grand National Assembly.
2

Article 158 provides that the General National Assembly holds the power to
adopt a new constitution, resolves territorial changes, resolves state structure or
form of governmental changes, resolve any amendment to paragraphs two and
four of Article 5, which states that the provisions of the constitution apply
directly and that ratified international treaties shall be considered part of
domestic legislation, and paragraph one of Article 57, which states that
fundamental civil rights shall be irrevocable. The General National Assembly
also holds the right to resolve any amendment to Chapter 9 of the constitution,
which deals with amendments to the constitution or adoption of a constitution.
3

4. Cyprus No
5. Czech Republic No
6. Denmark No
7. Estonia No
8. Finland No

1
AUSTRIA CONST. art 44 (1920), available at http://legislationline.org/documents/section/constitutions.
2
BULGARIA CONST. art. 153 (1991), available at http://legislationline.org/documents/section/constitutions.
3
BULGARIA CONST. art. 158 (1991), available at http://legislationline.org/documents/section/constitutions.
2
9. France No
10. Germany No
11. Greece No
12. Hungary No
13. Ireland No
14. Italy No
15. Latvia No
16. Lithuania No
17. Luxembourg No
18. Malta No
19. Netherlands No
20. Poland No
21. Portugal Yes Although not explicitly permitting a complete overhaul of the Constitution,
Art. 284 permits revision of the constitution 5 years after publication of the last
revision. Art. 284 also permits the exercise of extraordinary revision powers
at any time if there is a four-fifths majority vote by Members of the
Assembly.
4
However, there are limits to constitutional revision with respect to
the form of government, citizens rights and freedoms, and the rights of
workers, among other things.
5

22. Romania No
23. Slovakia No
24. Slovenia No
25. Spain No Art. 168 provides the procedure for a total revision of the constitution is
proposed, requiring approval by a two-thirds majority of the chambers and the
immediate dissolution of parliament.
6

26. Sweden No
27. United
Kingdom
No
28. Croatia No

4
PORTUGAL CONST. art. 284 (1976), available at http://legislationline.org/documents/section/constitutions.
5
PORTUGAL CONST. art. 288 (1976), available at http://legislationline.org/documents/section/constitutions.
6
SPAIN CONST. art 168 (1978), available at http://legislationline.org/documents/section/constitutions.
3
(Acceding Country)
29. Turkey
(EU Candidate)
No
30. Iceland
(EU Candidate)
No
31. Montenegro
(EU Candidate)
No
32. Serbia
(EU Candidate)
No
33. The former
Yugoslav Republic
of Macedonia
(EU Candidate)
No
34. Switzerland
(non-EU member)
Yes Art. 192 provides that the constitution may be revised totally or partially at any
time.
7
A total revision may be initiated by either of the two Councils or
decreed by the Federal Assembly.
8
It may also be initiated through a public
referendum.
9




7
SWITZERLAND CONST. art 192 (1999), available at http://legislationline.org/documents/section/constitutions.
8
SWITZERLAND CONST. art 193 (1999), available at http://legislationline.org/documents/section/constitutions.
9
SWITZERLAND CONST. art 193 (1999), available at http://legislationline.org/documents/section/constitutions.