Abruzzo, Italy, regional Agenda (setting) initiative [PAX] - Iniziativa popolare

General Typology

Instrument
Agenda (setting) initiative [PAX]
Location
Abruzzo, Italy
Political level
regional
Local Name:
Iniziativa popolare
Normative Level:
statutory
Legally Binding:
no
Legally Defined:

Art. 36
Holders of the right of legislative initiative of citizens and local authorities are:
1. In accordance with Article 31 of the Statute the legislative initiative of the people and local authorities belongs:
(..)
e) to the voters of the Region in number not less than five thousand, calculated on the basis of the total number of them ascertained in the last revision of the electoral lists for the election of the Regional Council in office.

Art. 37
Requirements
1. The proposal for a legislative initiative shall contain, on pain of inadmissibility, the text of the draft law drawn up in articles accompanied by an explanatory memorandum explaining its purpose and content.

Art. 39
People's initiative procedure
1. In order to collect the signatures of at least five thousand voters necessary to exercise the legislative initiative referred to in Article 36, the first three subscribers, who take on the role of promoters of the collection, deposit with the Bureau of the Regional Council:
(a) the text and the explanatory memorandum of the proposal subject of the legislative initiative, each in three copies, drawn up in accordance with Article 37, on sheets bearing the signatures of the promoters, accompanied by the particulars and authenticated in accordance with the Article 7;
(b) certificates, including collective ones, proving the registration of promoters on the electoral rolls of a municipality in the Region;
(c) the sheets of paper to be stamped necessary for the collection of signatures required for the presentation of the legislative initiative, containing the following indications referred to in Article 40(1).
2. A Regional Manager designated by the Bureau of the Regional Council or an official delegated by him/her, shall carry out the function of the person in charge of the proceedings.
3. At the time of filing, the promoters shall indicate their names, domicile and any other postal, telephone and telematic addresses, if any, of telefax of three subjects, which may be the promoters themselves or others, who assume the function of delegates:
(a) receive all communications concerning the proceedings;
(b) intervene in the stages of the procedure;
(c) exercise the actions, appeals and any other initiative in defence of the legislative initiative. In the absence of other clarifications, from to be recorded in the minutes referred to in paragraph 5, the delegates may act severally.
4. Any communications to the delegates shall be made by registered letter with acknowledgement of receipt; in the case of Urgencies are carried out by telefax or telematic means, ensuring receipt of the communication.
5. The person in charge of the procedure referred to in paragraph 2 shall draw up minutes of the presentation of the bill, which shall be authenticated by the day and time of the deposit. The minutes, which shall give an account of the particulars referred to in paragraph 3, shall be signed by the following persons promoters and the manager. Promoters shall be given a copy of the minutes.
6. The person responsible for the proceedings referred to in paragraph 2 shall send a copy of the minutes to the Regional Board for Satutory Guarantees  of  within two working days of filing. 

Art. 45
Assignment to the competent Council Commission
1. The President of the Regional Council, on the basis of the admissibility opinion referred to in Article 44(1), shall assign the draft to the relevant Council Commission and shall notify the delegates referred to in Article 39(3).
2. The Chairman of the Board Committee referred to in paragraph 1 shall promptly inform the Board of Directors of the date on which the project is discussed. delegates referred to in paragraph 3 of Article 39 who may speak at the meeting of the Commission to explain the draft law and submit documents and reports.
3. The Commission referred to in paragraph 1 shall, in accordance with the Council's Rules of Procedure, submit its report to the Council.
4.After six months from the transmission of the bill to the Council Commission, without the Council having expressed an opinion on it, the bill shall be placed on the first item on the agenda of the first meeting of the Council, which shall decide on its merits within the next twelve months.

Chapter VConsultative referendum pursuant to Article 78(2) of the StatuteArt. 31
Subject of the consultative referendum
1. Pursuant to Article 78, paragraph 2 of the Statutes, the Regional Council may, by an absolute majority of its members, take decisions on the following issues, the holding of a consultative referendum on proposals for regional laws or regional regulations on matters affecting particular categories and sectors of the regional population.
2. Referendums may be held only on proposals duly submitted in accordance with the rules of procedure for the work of the Council.

Art. 32
Request for consultative referendum and admissibility
1. A request for a consultative referendum on the proposals referred to in Article 31 may be made by the voters of the Region in not less than five thousand, calculated on the basis of the total number of them ascertained in the last revision of the lists elections for the election of the Regional Council in office, (..)
2. The request for a consultative referendum shall contain:
(a) an explanatory report explaining the applicants' intentions and the reasons for the referendum question;
(b) the referendum question, formulated in accordance with Article 5, as compatible.
3. Articles 7, 8 and 9 shall apply mutatis mutandis to the request for a consultative referendum submitted by voters.
4. The request for a consultative referendum shall be deposited with the Presidency of the Regional Council for subsequent referenda to the Regional College for Statutory Guarantees which, within sixty days, expresses an opinion by an absolute majority of its members on the admissibility on the basis of compliance with the requirements of Article 31, as well as the existence of the interest of the Region at the holding of the referendum.
5. The submission of a request for an advisory referendum shall suspend the procedure for examining and approving the draft laws or regulations to which the request refers.
6. The Regional Council shall take a decision on the request for a referendum within fifteen days of the request being included in the order of the referendum.
7. The decision referred to in paragraph 6, which allows the consultative referendum to be held, shall contain the question to be addressed to the following persons voters as well as the territorial scope within which the referendum is called.

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

Subject Matter:

To suggest a law or to request a consultative referendum on draft laws

Actors

Author:
Citizens
Initiator:
Citizens
Decision maker:
Regional Parliament

Requirements

Number Of Signatures:
5000
Available Time:
90 days
Geographical Quorum:
Excluded Issues:
Other Formal Requirements:

Procedural Elements

Collection Mode:
free
Specify Collection Mode:

Art. 41
Collection and authentication of signatures
1. The voter shall affix his or her signature, at the bottom of the draft, on the sheets of paper stamped in accordance with Article 40.
2. The provisions of Article 7 shall apply with regard to the collection of signatures, their authentication and the certificates to be attached to the project.

Art. 42
Preliminary examination of the admissibility of the bill
1. The subscriptions for the submission of the proposal for a popular legislative initiative shall be collected and authenticated, on pain of null and void, within ninety days after the date of endorsement of the sheet stamped with the number one.
2. Within twenty days following the expiry of the term referred to in paragraph 1, under penalty of forfeiture, at least one of the delegates referred to in paragraph 3 of article 39 shall deposit the sheets containing the signatures together with the replacement certificates or declarations referred to in paragraph 6 of article 7 with the Bureau of the Regional Council. The forfeiture shall be declared ex officio by the person in charge of the proceedings and is communicated to the delegates.
3. The person in charge of the proceedings shall draw up minutes in which he or she shall record the filing and collect the depositors' statements, made under their responsibility, in order:
(a) the number of signatures collected within the time limit referred to in paragraph 1 and lodged;
(b) the regularity of the authentication of signatures;
(c) the regularity and number of certifications attached;
(d) the absence of double signatures.
4. Within 40 days of the deposit referred to in paragraph 2, the person responsible for the proceedings shall verify:
(a) whether the number of signatures declared by the depositors corresponds to the number of signatures actually on the endorsed sheets, and if these signatures are at least five thousand, calculated in accordance with Article 36;
(b) if the signatures of at least five thousand voters, calculated in accordance with Article 36, are collected within the time limit referred to in the paragraph 1;
(c) if the signatures of at least five thousand voters, calculated in accordance with Article 36, are authenticated in accordance with the following provisions by Article 41;
(d) if the signatures of at least five thousand voters, calculated in accordance with Article 36, are accompanied by the certificate of registration of the subscriber on the electoral rolls of a Municipality of the Region or the substitute declarations referred to in paragraph 6 of Article 7.
5. The person responsible for the proceedings shall declare the signatures null and void:
(a) without the indications referred to in Article 7(1), or with indications which do not correspond to those required by the latter norm;
(b) authenticated after the deadline referred to in paragraph 1;
(c) not duly authenticated, or not accompanied by a certificate of registration on the electoral roll of a municipality of the Region or the alternative declaration referred to in Article 7(6).
6. The person responsible for the proceedings shall draw up minutes recording the outcome of the findings made pursuant to paragraphs 4 and 5 and of their consequences. The minutes shall be forwarded to the Board of Statutory Auditors for the statutory guarantees and shall be communicated to the delegates referred to in paragraph 3 of Article 39.

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

Interaction With Authorities:

Art. 38
Assistance to holders of the right of legislative initiative
1. Holders of the right of initiative referred to in Article 36 who wish to submit a legislative proposal may request the Bureau of the Regional Council to be assisted in the drafting of the texts by the Council structure in charge of to legislative assistance. For the same purpose they can request data and information from the structures of the Regional Government, also for as regards the financial aspects of the proposal.
2. The Bureau shall deliberate on the requests and make the appropriate arrangements with the President of the Regional Council in order to the assistance to be provided under paragraph 1.

Supervision And Support:
Transparency And Finance:

Art. 48
Contribution for signature authentication
1. The Region shall provide the reimbursements to the extent referred to in paragraph 2 to cover flat-rate costs for the authentication of the number minimum prescribed signatures provided that:
(a) the admissibility and admissibility of the proposed citizens' initiative has been determined in accordance with Articles 43 and 44;
(b) the repealing referendum has been duly held and the majority of those entitled to vote have participated in it.
2. The Region shall pay the following sums:
(a) one euro for each signature in the case of a repealing referendum;
(b) seventy (70) euro cents in the case of a proposed citizens' initiative.
3. In order to obtain the reimbursement referred to in paragraph 1, promoters shall submit, at the same time as filing the documents referred to in Article 4 and 39, written request indicating the name of the delegate to collect the total sum, with discharge.

Practice

Archive:
Remarks:

The English version here is a courtesy translation only.