The First Yes Is the Crucial Vote Carl Baudenbacher skrifar 8. ágúst 2026 07:03 Professor Gauti B. Eggertsson reminds us that referendums have played a role in European integration in more than one context. His broader point is that a popular vote before EU negotiations is not, in itself, alien to European practice. He cites examples from Switzerland, Romania, Moldova, North Macedonia, San Marino, France, Italy and Armenia. However, the Icelandic case deserves to be assessed on its own terms, because not every precedent carries the same weight. The Swiss example, which is highlighted by Professor Eggertson’s title, should be used with care. The Swiss vote of 2001 was not initiated by the government, but by a popular initiative, “Yes to Europe”. That is an important difference from the Icelandic situation, where the process is politically driven by the government and parliament. In Switzerland, the vote functioned as an outside challenge to the political authorities and asked whether the country should take a first formal step towards EU membership. In Iceland, by contrast, the initiative comes from within the political institutions themselves and concerns the possible reopening of accession negotiations that have already once been started and later suspended. The Swiss case is thus not a close parallel to Iceland. The remaining examples likewise require careful differentiation. Romania did not hold a referendum on the opening of accession negotiations; those negotiations were already in progress, and the 2003 referendum concerned constitutional amendments that facilitated the country’s eventual accession to the European Union. Moldova’s 2024 referendum was similarly not a simple plebiscite on whether negotiations should commence, as accession talks had already been opened; rather, it sought to give constitutional backing to the country’s European orientation. North Macedonia’s 2018 referendum should also be understood in its specific context: its immediate object was the Prespa Agreement and the consequent change of the state’s name, while EU and NATO integration formed the broader political framework. Armenia presents a different configuration again. Recent Armenian debates have concerned the country’s possible European course, including whether and how such a choice might be democratically or constitutionally anchored, against the background of Armenia’s continuing links to the Eurasian Economic Union, its changing relationship with Russia, and the security consequences of the conflict with Azerbaijan. I had the honour of speaking in Minsk at the fifth anniversary of the Eurasian Economic Community in 2019. None of these cases therefore constitutes a close precedent for an initial Icelandic referendum on whether to reopen accession negotiations that had previously been commenced and then suspended. They demonstrate that popular votes may arise in the wider context of European integration, but they do not establish a clear analogy for the Icelandic question at hand. San Marino is a special case as a microstate, while France and Italy were established Western European democracies whose referendums concerned different questions. The proper conclusion is therefore that these examples, taken individually or collectively, do not resolve the more important Icelandic issue. Path Dependency Is the Key Issue The first referendum of 29 August 2026 would not, as a matter of law, decide accession. A positive vote would give a mandate to reopen negotiations. Membership would still require an accession treaty, approval by the European Union under Article 49 TEU, and ratification in accordance with Iceland’s constitutional requirements. According to the political commitment now being made, it would be followed by a second referendum on the final terms. Without Icelandic internal consent, there would be no accession. That legal position should be acknowledged. It would also remain true if the parliamentary majority changed before the process was completed. A later EU-sceptical majority could slow the talks, change Iceland’s negotiating position, refuse to submit a final treaty or decline ratification. In strict legal terms, the first vote would therefore not be irreversible. The political reality, however, may be different. Once an accession package existed, the second vote would be held under far greater pressure than the first. The question might no longer be simply whether Iceland should join the EU, but whether it could reject an offer without appearing unreliable or isolated. In that sense, the first vote would be exploratory in law, but it could become the real point of no return in politics. The promised second referendum is therefore important, but it should not be presented as an absolute safeguard. If it rests primarily on a political commitment rather than on a legally entrenched obligation, a later parliamentary majority could still prevent the process from reaching that vote by withholding legislation, blocking ratification or ending the process. Conversely, if negotiations were completed, the second referendum could take place in a political atmosphere shaped by diplomatic pressure, institutional expectations and appeals not to waste a historic opportunity. For that reason, the decisive issue is not whether a second vote is promised, but whether Icelanders understand the political momentum that a Yes in the first referendum vote of 29 August 2026 would create. Prof. Dr. jur. Dr. rer. pol. h.c. Carl Baudenbacher, Former President of the EFTA Court, Former Visiting Professor at the University of Iceland Viltu birta grein á Vísi? Kynntu þér reglur ritstjórnar um skoðanagreinar. Senda grein Skoðun: Þjóðaratkvæðagreiðsla um ESB-viðræður Mest lesið Halldór 24.10.26 Halldór Stígum inn, konur eiga ekki að þurfa að herða sig Jakob Tryggvason Skoðun Hallalaus fjárlög mega ekki kosta farsæld barna Sveitarstjórnarfólk Framsóknar Skoðun 7 er ekki lengur 7 Hólmfríður Jennýjar Árnadóttir,Álfhildur Leifsdóttir Skoðun Af hverju er ríkisstjórninni svona illa við landsbyggðina… Sigríður Ólafsdóttir Skoðun Lífeyrissjóðs tekjur og skerðing ellilífeyris Sigurður Tómas Garðarsson Skoðun Hugrenningar í kjölfar sýknudóms í Landsrétti Helgi Gunnlaugsson Skoðun Ósýnileg hamlandi einkenni – þegar baráttan sést ekki Sigrún Heimisdóttir Skoðun Ríkisútvarpið og hlutverk þess Skoðun Kröfurnar standa enn Georg Páll Skúlason Skoðun Skoðun Skoðun Loftbrúin er fjárfesting í landsbyggðunum Rögnvaldur Guðmundsson skrifar Skoðun Loftbrúin á að jafna aðstöðumun – ekki auka hann Jóhanna Lilja Eiríksdóttir skrifar Skoðun Bruninn á Stuðlum og ábyrgð ríkisins Salvör Nordal skrifar Skoðun Af hverju er ríkisstjórninni svona illa við landsbyggðina… Sigríður Ólafsdóttir skrifar Skoðun Mannréttindi eru ekki góðvild — þau eru góð stefna Björn Leví Gunnarsson skrifar Skoðun Við krefjumst þess að þolendur segi frá. En er kerfið tilbúið að hlusta? Herdís Ósk Sveinsdóttir skrifar Skoðun Börn bíða eftir hjálp á meðan stjórnvöld ræða einkunnir Kristín Kjartansdóttir skrifar Skoðun I'm simply the best, better than all the rest...: Skýrt markmið, óskýr framkvæmd og enn ein útgáfan Hjálmar Bogi Hafliðason skrifar Skoðun Hallalaus fjárlög mega ekki kosta farsæld barna Sveitarstjórnarfólk Framsóknar skrifar Skoðun Bráðum verðum við ósýnileg Ágúst Mogensen skrifar Skoðun Sameinuðu þjóðirnar í 81 ár: Lýðræði og mannréttindi verja sig ekki sjálf Eva Harðardóttir,Erlingur Erlingsson,Helen María Ólafsdóttir,Páll Ásgeir Davíðsson,Rakel Anna Boulter,Viktoría Valdimarsdóttir,Þorvarður Atli Þórsson,Þórður Kristinsson skrifar Skoðun Kröfurnar standa enn Georg Páll Skúlason skrifar Skoðun Stígum inn, konur eiga ekki að þurfa að herða sig Jakob Tryggvason skrifar Skoðun America First – eða America Alone? Gestur Valgarðsson skrifar Skoðun Þversögnin í menntamálum Helga María Pálsdóttir skrifar Skoðun Sátt um hvað? Ofbeldi er ekki ágreiningur Inga Valgerður Henriksen Bergdal skrifar Skoðun Er samþykki skálkaskjól fyrir skepnuskap ? Magnea Marinósdóttir skrifar Skoðun Ósýnileg hamlandi einkenni – þegar baráttan sést ekki Sigrún Heimisdóttir skrifar Skoðun Íslendingar kusu fátækt og einangrun þann 29. ágúst 2026 Jón Frímann Jónsson skrifar Skoðun Innviðirnir verða að ráða hraðanum Eggert Guðmundsson skrifar Skoðun Falleinkunn fyrir Heima-dæmi Sigurður Sævarsson skrifar Skoðun 7 er ekki lengur 7 Hólmfríður Jennýjar Árnadóttir,Álfhildur Leifsdóttir skrifar Skoðun Þegar sátt er ekki lausnin – hvaða aðrar leiðir eru færar? Kristín Skjaldardóttir,Þóra Sigfríður Einarsdóttir skrifar Skoðun Margt smátt Sigurður Líndal Þórisson skrifar Skoðun Lífeyrissjóðs tekjur og skerðing ellilífeyris Sigurður Tómas Garðarsson skrifar Skoðun Stígum inn, konur eiga ekki að þurfa að herða sig Jakob Tryggvason skrifar Skoðun Verkin fylgja, varla fé Magnús Magnússon skrifar Skoðun Þrjú lögregluembætti – á hvaða forsendum? Björn Bjarki Þorsteinsson skrifar Skoðun Ríkisútvarpið og hlutverk þess skrifar Skoðun Leyndinni loks aflétt Jón Pétur Zimsen skrifar Sjá meira
Professor Gauti B. Eggertsson reminds us that referendums have played a role in European integration in more than one context. His broader point is that a popular vote before EU negotiations is not, in itself, alien to European practice. He cites examples from Switzerland, Romania, Moldova, North Macedonia, San Marino, France, Italy and Armenia. However, the Icelandic case deserves to be assessed on its own terms, because not every precedent carries the same weight. The Swiss example, which is highlighted by Professor Eggertson’s title, should be used with care. The Swiss vote of 2001 was not initiated by the government, but by a popular initiative, “Yes to Europe”. That is an important difference from the Icelandic situation, where the process is politically driven by the government and parliament. In Switzerland, the vote functioned as an outside challenge to the political authorities and asked whether the country should take a first formal step towards EU membership. In Iceland, by contrast, the initiative comes from within the political institutions themselves and concerns the possible reopening of accession negotiations that have already once been started and later suspended. The Swiss case is thus not a close parallel to Iceland. The remaining examples likewise require careful differentiation. Romania did not hold a referendum on the opening of accession negotiations; those negotiations were already in progress, and the 2003 referendum concerned constitutional amendments that facilitated the country’s eventual accession to the European Union. Moldova’s 2024 referendum was similarly not a simple plebiscite on whether negotiations should commence, as accession talks had already been opened; rather, it sought to give constitutional backing to the country’s European orientation. North Macedonia’s 2018 referendum should also be understood in its specific context: its immediate object was the Prespa Agreement and the consequent change of the state’s name, while EU and NATO integration formed the broader political framework. Armenia presents a different configuration again. Recent Armenian debates have concerned the country’s possible European course, including whether and how such a choice might be democratically or constitutionally anchored, against the background of Armenia’s continuing links to the Eurasian Economic Union, its changing relationship with Russia, and the security consequences of the conflict with Azerbaijan. I had the honour of speaking in Minsk at the fifth anniversary of the Eurasian Economic Community in 2019. None of these cases therefore constitutes a close precedent for an initial Icelandic referendum on whether to reopen accession negotiations that had previously been commenced and then suspended. They demonstrate that popular votes may arise in the wider context of European integration, but they do not establish a clear analogy for the Icelandic question at hand. San Marino is a special case as a microstate, while France and Italy were established Western European democracies whose referendums concerned different questions. The proper conclusion is therefore that these examples, taken individually or collectively, do not resolve the more important Icelandic issue. Path Dependency Is the Key Issue The first referendum of 29 August 2026 would not, as a matter of law, decide accession. A positive vote would give a mandate to reopen negotiations. Membership would still require an accession treaty, approval by the European Union under Article 49 TEU, and ratification in accordance with Iceland’s constitutional requirements. According to the political commitment now being made, it would be followed by a second referendum on the final terms. Without Icelandic internal consent, there would be no accession. That legal position should be acknowledged. It would also remain true if the parliamentary majority changed before the process was completed. A later EU-sceptical majority could slow the talks, change Iceland’s negotiating position, refuse to submit a final treaty or decline ratification. In strict legal terms, the first vote would therefore not be irreversible. The political reality, however, may be different. Once an accession package existed, the second vote would be held under far greater pressure than the first. The question might no longer be simply whether Iceland should join the EU, but whether it could reject an offer without appearing unreliable or isolated. In that sense, the first vote would be exploratory in law, but it could become the real point of no return in politics. The promised second referendum is therefore important, but it should not be presented as an absolute safeguard. If it rests primarily on a political commitment rather than on a legally entrenched obligation, a later parliamentary majority could still prevent the process from reaching that vote by withholding legislation, blocking ratification or ending the process. Conversely, if negotiations were completed, the second referendum could take place in a political atmosphere shaped by diplomatic pressure, institutional expectations and appeals not to waste a historic opportunity. For that reason, the decisive issue is not whether a second vote is promised, but whether Icelanders understand the political momentum that a Yes in the first referendum vote of 29 August 2026 would create. Prof. Dr. jur. Dr. rer. pol. h.c. Carl Baudenbacher, Former President of the EFTA Court, Former Visiting Professor at the University of Iceland
Skoðun Við krefjumst þess að þolendur segi frá. En er kerfið tilbúið að hlusta? Herdís Ósk Sveinsdóttir skrifar
Skoðun I'm simply the best, better than all the rest...: Skýrt markmið, óskýr framkvæmd og enn ein útgáfan Hjálmar Bogi Hafliðason skrifar
Skoðun Sameinuðu þjóðirnar í 81 ár: Lýðræði og mannréttindi verja sig ekki sjálf Eva Harðardóttir,Erlingur Erlingsson,Helen María Ólafsdóttir,Páll Ásgeir Davíðsson,Rakel Anna Boulter,Viktoría Valdimarsdóttir,Þorvarður Atli Þórsson,Þórður Kristinsson skrifar
Skoðun Þegar sátt er ekki lausnin – hvaða aðrar leiðir eru færar? Kristín Skjaldardóttir,Þóra Sigfríður Einarsdóttir skrifar