Abruzzo, Italy, local Obligatory referendum [LOR] - Referendum consultivo

General Typology

Instrument
Obligatory referendum [LOR]
Location
Abruzzo, Italy
Political level
local
Local Name:
Referendum consultivo
Normative Level:
statutory
Legally Binding:
no
Legally Defined:

Art. 78
The consultative referendum
1. The establishment of new municipalities, changes in the districts and municipal denominations, as well as the merger of two or more municipalities in the regional territory, shall be subject to a consultative referendum of the populations concerned, before being approved by law. (..)

References: Statuto della Regione Abruzzo, (accessed April 14, 2020)

TITLE III REFERENDUM
Chapter IV
Consultative referendum pursuant to Article 133, paragraph 2, of the Constitution and Article 78, paragraph 1, of the Statute
Art. 25
Deliberation and holding of a referendum on the establishment of new municipalities, changes in constituencies and denominations
1. In accordance with Article 78, paragraph 1 of the Statute, the establishment of new municipalities, including by merging two or more contiguous municipalities, changes in the circumscriptions and municipal denominations shall be approved by regional law, after the consultative referendum of the populations concerned has been held, as governed by this chapter.
2. The consultative referendum shall be decided by the Regional Council, by an absolute majority of its members, on a proposal from the Regional Government or from each Regional Councillor, after obtaining the opinion referred to in paragraph 1 of Article 27. The decision of the Regional Council in favour of holding the consultative referendum shall be forwarded to the President of the Region.
3. [The institution of a new Municipality by the merger of several contiguous Municipalities shall take place after having obtained the opinions of the Municipal Councils concerned.]
4. The decision of the Regional Council in favour of holding the consultative referendum shall indicate the question to be submitted to vote, as well as the territories where the voters called for consultation reside.
5. The consultative referendum shall be attended:
a) in the case of the elevation in an autonomous municipality of one or more hamlets, both the voters of the hamlets and the voters of the remaining parts of the territory of the municipality or municipalities from which the detachment is proposed;
b) in the case of the transfer of fractions from one municipality to another, both the voters of the territory of the municipality from which the transfer is proposed and the voters of the municipality to which aggregation is requested;
c) in the case of a merger between two or more municipalities, the voters of the municipalities involved in the merger;
d) in the case of a change in the name of the Municipality, all the voters of the Municipality concerned.

Art. 26
Limits
1. Changes in municipal districts and the establishment of new municipalities may concern only contiguous territories of Commons.
2. Municipalities with a population of less than 5,000 inhabitants may not be established, nor may modifications be made to the municipal constituencies that have the effect of bringing one or more municipalities to a population of less than 5,000 inhabitants, except in the case of a merger of municipalities.

Art. 27
Admissibility
1. The proposal of the Government or of each Regional Councillor for the holding of the consultative referendum shall be deposited with the Secretariat of the Board of Statutory Guarantees which, by an absolute majority of its members, expresses its opinion on admissibility within sixty days from the date of receipt, assessing compliance with the requirements of Articles 25 and 26.

Art. 29
Referral
Art. 30
Outcome of the referendum and consequent requirements
1. The proposal subject to a consultative referendum shall be approved, irrespective of the number of voters who participated, and if the affirmative answer reaches a majority of the votes validly cast.
2. If the result is favourable, within sixty days of the announcement of the results of the consultative referendum, the President of the The Region proposes a bill to the Regional Council on the subject of the question submitted to a referendum.
3. If the result is negative, within sixty days of the announcement of the results of the consultative referendum, the President of the The Region may propose a bill to the Regional Council on the subject of the question submitted to a  referendum.
The negative result does not preclude the exercise of the legislative initiative pursuant to Article 31 of the Statute.
3-bis. The establishment of a new Municipality through the merger of several contiguous Municipalities shall take place after having obtained the opinions of the
The municipal councils concerned shall decide on the bills referred to in paragraphs 2 and 3.
3-ter. In the event of the natural or anticipated expiry of the parliamentary term, the effects of the referendum already held and the new referendum shall not be affected. The President of the Region shall exercise the legislative initiative on the subject of the question submitted for referendum, in accordance with paragraphs 2 and 3, no later than ninety days after the new Regional Council takes office.

References: Disciplina del referendum abrogativo, consultivo e dell’iniziativa legislativa. (accessed April 14, 2020)

Subject Matter:

Municipalities: establishment, changes in the districts and municipal denominations, merger

Actors

Author:
Government/Parliament
Initiator:
Law
Decision maker:
Local electorate

Requirements

Available Time:
Turnout Quorum:
None
Approval Quorum:
Majority of valid votes
Geographical Quorum:
None
Excluded Issues:
Other Formal Requirements:

Procedural Elements

Wording Of Ballot Question:
Interaction With Authorities:
Supervision And Support:
Transparency And Finance:

Practice

Archive:
Remarks:

The English version here is a courtesy translation only.