[autom.vertaling] Het debat nationale grondwetten van Finland en van Zweden (en)

Finland may have to change its constitution in order to adjust to the new EU Constitution, Secretary General of the Finnish parliament, Seppo Tiitinen said, according to Hufvudstadsbladet.

Sweden could face the same situation. Despite a recent hearing on the relation between the Swedish and EU Constitution not finding too many conflicts, two professors from renowned Swedish universities were quite clear that either the Swedish Constitution is changed or it cannot take on the EU Constitution, reports Dagens Nyheter.

In Finland, the difficulties arise with article 24.4 in the draft EU Consitution, popularly called 'the passerelle'. It authorises the European Council in certain situations to change unanimous decisions to majority decisions.

This could, according to Mr Tiitinen, be in conflict with the Finnish constitution.

The Finnish parliament is expected to debate the question.

In Sweden the focus is on article 10 of the draft EU Constitution which states that EU law has primacy over national law.

Although some experts claim that this is just an updating of legislation to existing practice, others consider it a change of the Swedish form of government.

A change of the Swedish constitution requires a majority in Parliament followed by an election - due in autumn 2006 - and another parliament decision. If a change of the Swedish constitution is required, the parliament will only hereafter be able to decide upon the EU Constitution.

Referendum question still open

Whether Finland will need a public referendum on the question is still open, according to Mr Tiitinen.

He considers it possible that the forthcoming parliamentary election in 2007 is used for this. A change to the Finnish constitution requires a majority in parliament, followed by an election and a two thirds majority in the newly elected parliament.

Alternatively five sixths of the parliament can vote in favour of a new constitution without another election.