Abruzzo, Italy, regional Authorities' minority veto-plebiscite [MVP] - Referendum abrogativo

General Typology

Instrument
Authorities minority veto-plebiscite [MVP]
Location
Abruzzo, Italy
Political level
regional
Local Name:
Referendum abrogativo
Normative Level:
statutory
Legally Binding:
yes
Legally Defined:

TITLE VII
REFERENDUM
Art. 74
Participation in the referendum
1. All citizens who, on the day of the referendum, are voters of the Region shall participate in the referendum.

Art. 75
The call of the abrogative referendum and the persons entitled to apply for it
1. The President of the Regional Government shall hold a referendum for the total or partial repeal of a regional law, a regional regulation, a general administrative act or a programming act, when (..) as well as municipal councils representing at least one fifth of the population of Abruzzo, two provincial councils.
2. The regional law establishes the modalities of the abrogative referendum.

Art. 76
The limits of the abrogative referendum
1. The request for an abrogative referendum may not concern the rules of the Statute, the laws provided for in Title II, and fiscal and budgetary laws, rules and acts which constitute fulfilment of constitutional, international or European obligations of the region or fulfilment of necessary legislative obligations.
2. The referendum may not be held in the six months preceding the end of the Regional Council and in the six months following the election of the Council.

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

Art. 12
Request for referendum by provincial or municipal councils
1. The request for a referendum by the Provincial or Municipal Councils referred to in Article 2 shall contain an indication of the proposing Provincial or Municipal Councils, the date of their respective deliberations and the names of the delegates referred to in paragraph 2 of the Article. 4. The request is signed by the delegates and is accompanied by a copy of the resolutions referred to in paragraph 2, signed by the President of each Provincial Council or the Mayor of each Municipal Council.
2. The resolutions of the Provincial or Municipal Councils containing the referendum question, as determined by article 5, are taken by an absolute majority of the members assigned and are transmitted by the Presidents of the Provinces or the Mayors of the Municipalities concerned to the Presidency Office of the Regional Council for forwarding to the Regional College for the statutory guarantees.
3. The Regional College for Statutory Guarantees shall assess the admissibility and express its opinion on the admissibility and admissibility of the referendum question, in accordance with the provisions of Article 2, within thirty days of receipt of the request referred to in paragraph  1.


Art. 11
Admissibility and procedurality of the abrogative referendum
1. The Regional Council, on the basis of the opinions referred to in paragraphs 1, 4, 7 and 8 of Article 10, shall decide on the admissibility and procedurality of the referendum.
2. The resolution referred to in paragraph 1 shall be sent to the President of the Region who, within ten days, shall arrange for its publication in the Official Bulletin of the Region.

Chapter III
Indication, holding of the referendum and proclamation of the results
Art. 13
Referendum call
1. Referendums for abrogation shall be held in one annual part-session. The President of the Region shall declare by 15 March of each year the holding of referendums with reference to decisions on procedure and admissibility received by 15 February, setting the date for calling voters on a Sunday between 15 April and 30 June. (..)

Art. 16
Suspension of the referendum
1. The operations and activities governed by this Chapter, relating to the calling, carrying out and announcing of results, are suspended:
(a) in the six months preceding the expiry of the Regional Council and in the six months following the election of the new Regional Council;
(b) in case of early dissolution of the Regional Council in the period between the publication of the decree of the election meetings and the six months following the election of the new Regional Council;
(c) in the three months preceding and in the three months following the date fixed for general or local elections by at least half of the Municipalities or Provinces of the Region].
2. The President of the Region, by decree published in the official bulletin of the Abruzzo Region, postpones the abrogative referendums already called to the first useful round for a Sunday included in one of the periods mentioned in paragraph 1 of art. 13.

Art. 17
Repeal before the referendum took place
1. If, before the date of the referendum, there is a total abrogation of the regulation subject to referendum, the President of the Region shall declare by decree that the referendum no longer takes place.
2. In the event of the partial abrogation of the rules submitted to referendum, the President of the Region, with the assent of the President of the Region, shall, in the event of the partial abrogation of the rules submitted to referendum Regional College for statutory guarantees, establishes by decree whether the referendum consultation also takes place with reference to the provisions that remain in force, i.e. if the referendum no longer takes place.
3. In the event of total or partial repeal, accompanied by other provisions on the same subject, or amendment of the provisions which are the subject of the referendum, the President of the Region, with the assent of the Regional College of Statutory Guarantees, shall determine by decree whether the referendum also takes place and what provisions are the subject of the referendum. To these effects, if the new legislation does not change the principles underlying the existing discipline or the essential contents of the individual precepts, the referendum shall be held only or also on the new provisions.
4. The President of the Region, if he considers that in the cases referred to in paragraphs 2 and 3, the referendum will in any case take place, he shall provide for the reformulation of the referendum question by means of the decree calling the referendum and with the assent of the Regional College for statutory guarantees.
5. The Regional College for statutory guarantees shall express the opinions referred to in paragraphs 2, 3 and 4 within twenty days of the request of the President of the Region.
6. The decrees referred to in paragraphs 1, 2, 3 and 4 shall be published in the Official Bulletin of the Abruzzo Region.

Art. 23
Proclamation of the result
1. The President of the Region, within ten days of receipt of the communication referred to in paragraph 6 of Article 22, with decree published immediately in the Official Bulletin of the Region, proclaims the result of the referendum.
2. If the result of the vote is in favour of repeal, the President of the Region, by the decree referred to in paragraph 1, shall also declare the repeal of the provision subject to referendum, which shall take effect from the sixtieth day following that of publication.
3. The President of the Region, after consulting the Government can delay, with the decree referred to in paragraph 1, expressly indicating the grounds, the effectiveness of the repeal for a period not exceeding 120 days from the date of publication.
4. If the result of the referendum is contrary to the abrogation, the President of the Region, by the decree referred to in paragraph 1, shall provide for publication in the Official Bulletin of the Region.
5. The rejected referendum proposal cannot be resubmitted unless five years have elapsed from the date of publication. the result of the referendum on the Official Bulletin of the Region.
6. If the proposed referendum does not reach one or other of the majorities prescribed in Article 22(5), it cannot be re-formulated during the same legislature

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

Subject Matter:

To repeal a regional law, regulation or administrative act.

Actors

Author:
Regional Parliament
Initiator:
Minority of Municipal or Regional Councils
Decision maker:
Regional Electorate

Requirements

Available Time:
120 days
Turnout Quorum:
Majority of those entitled to vote participated
Approval Quorum:
Majority of valid votes
Geographical Quorum:
None
Excluded Issues:

Art. 76
The limits of the abrogative referendum
1. The request for a repealing referendum may not concern the rules of the Statute, the laws provided for in Title II, and fiscal and budgetary laws, rules and acts which constitute fulfilment of constitutional, international or European obligations of the Region or fulfilment of necessary legislative obligations.

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

Other Formal Requirements:

Time period: See also Art. 76 2. (Statute), Art. 16 (Disciplina).

Procedural Elements

Wording Of Ballot Question:

Art. 5
Referendum question
1. The referendum question, which is intended to be submitted to an abrogative referendum, consists of the formula: "you want it to be repealed ...' followed by the date, number and title of the law, regulation or administrative act on which the referendum is requested.
2. The referendum question for the partial repeal of a law, regulation or administrative act shall indicate, in addition to the elements referred to in paragraph 1, the number of the article or articles, or the parts of the administrative act on which the referendum is requested.
3. The referendum question for the partial repeal of one or more articles of a law or regulation or of one or more parts of an administrative act shall indicate, in addition to the elements referred to in paragraphs 1 and 2, the paragraph and the wording of the provisions whose repeal is requested.
4. The referendum question shall contain a summary of the subject-matter of the referendum in order to promote the clarity and unambiguity of the question. The summary, which forms an integral part of the question, is a prerequisite for the formula referred to in paragraph 1.
5. The referendum question is formulated in simple and clear terms. Provisions contained in various legislative, regulatory or administrative acts may also be the subject of the same referendum request, in compliance with the criteria of homogeneity and consistency.

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

Interaction With Authorities:
Supervision And Support:
Transparency And Finance:

Practice

Archive:
Remarks:

The English version here is a courtesy translation only.