Spanje onderzoekt of EU-grondwet strijdig is met Spaanse grondwet (en)

A debate is underway in Spain on whether the newly agreed and signed European Constitution clashes with Spain's own Constitution.

According to Spanish media, the Spanish government is to ask the opinion of the country's Constitutional Court on whether the two documents are compatible.

The problem has arisen because of one particular article in the EU Constitution (Art I-16).

The article states that the "Constitution and law adopted by the institutions of the Union ... shall have primacy over the law of the Member States".

This is the first time that an article explicitly stating that EU law has primacy over national law, appears in an EU treaty - although the European Court of Justice over years has established case law on this issue.

Legal experts in Spain are wondering whether this contradicts the article in their national Constitution that says that citizens and public powers [executive, legislative and judiciary] are subordinate to the Constitution and general law.

Prime Minister José Luis Rodríguez Zapatero reportedly wants a legal opinion on the matter well before his country's referendum on the EU Constitution - and is calling for an answer within two months, according to ABC.

Spain is set to be the first member state to put the Constitution to a vote - it will take place on 20 February.

As one of the more pro-European member states, Mr Zapatero is hoping Spanish citizens will say yes to the document and thereby set an example to other countries.

So far, 11 governments have promised to hold a referendum on the Constitution - which has to be ratified, either via a poll or via national parliaments, in all 25 member states before it can come into force.