SPAIN became the first country to endorse the EU constitution in a national referendum yesterday — but not in the numbers required to give the document much-needed momentum ahead of nine other national votes.

Official results with almost all votes counted indicated that 77 per cent of voters who cast ballots approved the constitution in the first test of the document’s grassroots appeal. Seventeen per cent said no, with another 6 per cent of ballot papers spoiled.

That Europhile Spain would approve the constitution was never in doubt, but the key figure was the turnout. Only 42.3 per cent of Spain’s 34.6 million voters went to the polls. That was even less than the 45.9 per cent for the last European Parliament elections in June 2004 and the lowest for a referendum since Spain returned to democracy.

The turnout was enough to give the result respectability, but too low to claim that the constitution had received Spain’s overwhelming endorsement.

The Socialist government of José Luis Rodríguez Zapatero, the Prime Minister, hailed the result as a resounding endorsement of the constitution that would propel more sceptical countries towards reaching the same conclusion.

Señor Zapatero said he was heartened by the turnout. “I feel very satisfied that 14 million Spaniards went to vote. The support we have obtained in today’s referendum in favour of the European constitution makes Spain stronger in Europe and it makes Europe stronger,” he said.

But the main opposition conservative People’s Party (PP), which had campaigned for a Yes result, called it a failure. Mariano Rajoy, its leader, said the Government had failed to set an example for Europe: “In the end, we’re not going to be a model of anything.”

Late last week government officials told journalists that they expected only a third of the electorate to vote. The result is non-binding, with parliament having the final word.

All 25 EU countries must ratify the constitution for it to take effect. Three have already done so through parliamentary votes. Spain is the first of ten to hold a referendum.

José Manuel Barroso, the European Commission President, said that Spain’s “positive and unambiguous vote” would send a strong signal to other EU nations: “This pioneering and historic vote is a yes to a more democratic, efficient and transparent Europe,” he said.

Spain’s reputation as the most enthusiastically pro-European nation seemed to make it the logical choice to go first, but the constitution will face much stiffer opposition in Britain, Denmark, Poland and even France, where scepticism is growing.

King Juan Carlos and Queen Sofia were among the earliest voters. They hoped to encourage their subjects to follow suit and avoid giving a grudging image of a nation that has reaped huge economic dividends from EU membership.

But the majority of voters chose to register their indifference or annoyance at the referendum campaign by ignoring Señor Zapatero’s appeal for them to vote. The prime minister had staked his political reputation on a big turnout, racing to hold the first referendum and bent on returning Spain to the heart of European politics.

In recent weeks he has toured the country, importing the French president Jacques Chirac and the German Chancellor Gerhard Schröder to support him and using sports stars and artistic personalities to boost the Yes campaign.

Casting his vote with his wife Sonsoles, Señor Zapatero said the referendum “means opening the doors on a Europe that is more united and stronger”.

He has accused the Catholic Church, which said it was acceptable to abstain, and the PP of lacking enthusiasm, an opinion which was amplified by other socialists who accused the opposition of covertly urging their supporters to stay at home or vote No to “avenge” last March’s election defeat.

But polls suggested that as many as nine out of ten voters knew little if anything about the 350-page constitution, and voter apathy was clearly apparent in Madrid yesterday. “It’s a waste of time and the campaign has been very bad,” said Javier Arias, 32, a photographic artist as he headed off to the Sierra de Madrid for a day’s hiking. “They have made no effort to explain anything. They didn’t even need to hold a referendum, since it’s only of consultative value and therefore I feel that it’s only been held for domestic political reasons, so I refuse to take part.”

And many of those who did vote Yes sounded far from convinced that they should.

'You've just got to have faith in it'

Alfredo Garçia, 37, voted “no” because he believes that Spain should focus on domestic problems such as Basque and Catalan separatism, rather than on Europe. “It is a very big problem and people have taken it a bit lightly”

Ramón Rados, 35, voted “yes” because he thinks that Spain has benefited greatly from EU membership. “We can’t be on the outside”

Raúl Rodríguez, 39, voted “yes”. “This is a historic moment. When Europe speaks with a single voice, it will be the most powerful in the world”

Ana Royo, 57, voted “yes”. “I voted in spite of the Government. The problem is that the Socialists have turned this into a plebiscite on their ten months in power. Whatever you think of Zapatero, I had to vote ‘yes’, for the good of the country”

Gregorio Baena, 43, voted “yes”. “I did try to read the constitution, but I gave up after the first page. You just have to have faith in all the work that’s gone into it. There’s a lot of apathy about it, but I think it’s crazy not to accept that Europe is our home now and our future”

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