Mogelijkheid tot referendum over EU-grondwet in Duitsland ligt open (en)

There is increasing talk in Germany about the legal possibility of a referendum on the EU constitution- an idea which is supported by most Germans, according to polls.

According to German media, legal experts say a referendum on the EU constitution is technically possible under German law.

This goes against statements by German Chancellor Gerhard Schröder that the German Basic Law (Constitution) would not allow for any referendum.

So far, the German government has categorically rejected any calls to organise a poll on the new EU constitutional treaty, which was agreed by EU leaders in June.

For historical reasons, the German constitution, adopted in 1949, does not allow for referendums in principle - as these were regarded by the authors of the text as contributing to the rise to power of the Nazis in the 1930s.

But academics now say that a specific amendment to the German Constitution, allowing only for referendums on EU-related questions, could be relatively easily adopted within a few weeks.

Another possibility would be to organise a non-binding poll on the EU Constitution for which no constitutional changes would be necessary, according to one political scientist quoted by Die Welt.

Increasing support for poll

The upbeat analyses by experts come as political support for a referendum in Germany appears to be on the increase.

Bavarian leader Edmund Stoiber called for citizens to have a say on the new treaty earlier this month and was joined this week by former German President Roman Herzog and the leader of the region of Saarland, Peter Müller, both Christian Democrats.

Mr Herzog said that Germany would remain "nearly alone" in the EU if it did not allow its citizens to speak out on the new EU treaty.

Several EU states have announced they will organise referendums - among them France, Spain and the United Kingdom.

In a poll published by Der Spiegel this week, it emerged that 70% of the German population would like to have a say on the new EU treaty as well.

Polls earlier this month had shown similar percentages of Germans favouring a referendum.