Aosta Valley, Italy, regional Agenda (setting) initiative [PAX] - Iniziativa legislativa popolare

General Typology

Instrument
Agenda (setting) initiative [PAX]
Location
11100 Aosta, Aosta Valley, Italy
Political level
regional
Local Name:
Iniziativa legislativa popolare
Normative Level:
statutory
Legally Binding:
no
Legally Defined:

TITLE V
BODIES OF THE REGION
ARTICLE 15
These are bodies of the Region: the Valley Council, the Regional Government and the President of the Region 5 .
In harmony with the Constitution and the principles of the legal system of the Republic and with the observance of the provisions of this Title, the regional law, approved with the absolute majority of the assigned councillors, (...) as well as the exercise of the right of popular initiative of the regional laws and of the regional abrogative, proactive and consultative referendum. (..)

References: Legge costituzionale 26 febbraio 1948, n. 4, STATUTO SPECIALE PER LA VALLE D’AOSTA (accessed April 14, 2020)

CHAPTER I
CITIZENS' LEGISLATIVE INITIATIVE AND PROACTIVE REFERENDUM SECTION I
CITIZENS' LEGISLATIVE INITIATIVE
Art. 1 (Holders of the right of popular legislative initiative)
1. The popular legislative initiative is exercised by at least one thousand five hundred voters in the municipalities of the region. 

Art. 2
(Requirements)
1. The proposed citizens' initiative law must be drafted in articles and be accompanied by a report explaining its purpose and content.
2. The proposal involving new or increased expenditure or a reduction in revenue charged to the budget of the Region must contain, in the articles or the report, the elements necessary to determine the relevant financial burden. 

Art. 5
(Exercise of the popular legislative initiative)
1. In order to exercise the citizens' legislative initiative, at least three and no more than five voters from the municipalities in the region, who assume the role of promoters of the initiative, shall present the General Secretariat of the Consiglio della Valle:
a) the text and the explanatory report of the proposed popular initiative law, on sheets of paper bearing the signatures, authenticated in accordance with article 9, of not less than two hundred and not more than three hundred voters in the municipalities of the region;
b) the list in electronic format, for each Municipality, of the promoters and other signatories, indicating their place and date of birth, as well as the Municipality of registration on the electoral roll.
2. When presenting the citizens' initiative bill, the promoters shall also indicate the name, surname, domicile and any further postal, telephone, telematic and fax numbers of two delegates, chosen from among the promoters themselves, to whom the function of representing the subscribers of the citizens' initiative is attributed. In particular, the two delegates:
(a) receive communications concerning the proceedings;
(b) intervene personally in the stages of the proceedings;
(c) exercise the actions, appeals and any other initiative for the protection of the popular legislative initiative.
3. Communications to the delegates referred to in paragraph 2 shall be made by registered letter with acknowledgement of receipt.
4. The Secretary General of the Consiglio della Valle, hereinafter referred to as the Secretary General, shall draw up minutes of the presentation of the proposed citizens' initiative law, which shall be the authentic date and time of the presentation. The minutes, signed by the promoters and by the Secretary General, shall contain the following information declarations to be made by the promoters under their responsibility:
(a) the number of signatures at the bottom of the text of the bill;
(b) the regularity of the authentication of signatures and the number of signatories on the list referred to in paragraph 1(b);
(c) the absence of double signatures between those referred to in point (a); (d) the names of the two delegates referred to in paragraph 2.

Art. 6
(Verification of signatures)
1. Within fifteen days of the deposit of the text of the proposed law of popular initiative, the Secretary General shall verify that at least two hundred of the signatures collected are duly authenticated and are affixed by subscribers registered on the electoral lists of the municipalities in the region.
1a. For the purposes referred to in paragraph 1, the general secretary sends the list referred to in article 5, paragraph 1, letter b) to the individual municipalities for verification that the signatories are registered on the electoral rolls of the municipalities in the region. Within three days of the request, the mayors shall send, by certified e-mail, the relevant certificates, including collective ones, of registration on the electoral rolls of the respective municipality.
2. If the verification referred to in paragraph 1 gives a negative result, the Secretary-General shall declare the proposed citizens' initiative law inadmissible and the proceedings shall be closed. If the verification gives a positive result, the Secretary-General shall forward the text of the bill and the explanatory memorandum to the Regional committee for referendum and citizens' initiative procedures, hereinafter referred to as the Commission referred to in Article 40.
3. Of the declaration of inadmissibility or transmission to the Commission referred to in Article 40 of the text of the proposed law of popular initiative and the explanatory report, the Secretary General shall notify the delegates referred to in Article 5, paragraph 2, and the President of the Region who, within ten days, shall give notice in the Official Bulletin of the Region of the declaration of inadmissibility of the proposed law of popular initiative or arrange for the publication of the text of the proposed law and the explanatory report.

Art. 7
(Verification of the admissibility of the proposed citizens' initiative bill)
1. Within forty-five days of the publication of the text of the proposed law of popular initiative in the Official Gazette of the Region, the Commission referred to in Article 40 shall decide on the admissibility of the proposed law, giving its express and reasoned opinion on the matter:
(a) regional competence in the matter covered by the proposed law;
(b) the conformity of the proposed law with the provisions of the Constitution, the Special Statute and the constraints arising from Community law and international obligations;
(c) the fulfilment of the requirements set out in Article 2; (d) the absence of the limits referred to in Article 3.
2. The delegates referred to in Article 5, paragraph 2, shall be informed, at least five days in advance, by the Secretary General, of the meeting at which the Commission referred to in Article 40 shall begin the verification of the admissibility of the proposed law. The delegates shall have the right to speak at that meeting to explain the proposal before the Commission takes its decision. They may freely produce, in the same place, reports and documents which the Commission must account for in its decision. The Commission may convene delegates at any time to request clarification or further elements of assessment.
3. Within five days of its adoption, the Commission shall communicate its decision on the proposed citizens' initiative law:
(a) to the delegates; b) to the President of the Region who, within ten days, shall order its publication in the Official Bulletin of the Region.

Art. 11
(Assignment to the competent Board Committees)
1. Within five days of the publication in the Official Bulletin of the Region of the minutes of the Secretary General attesting the validity of the proposed law of popular initiative, the President of the Consiglio della Valle shall initiate the legislative procedure in accordance with the internal rules of the Council, assigning the proposed law to the competent Board Committees and notifying the delegates referred to in Article 5, paragraph 2.
2. The Chairmen of the Board Committees shall inform the delegates of the date on which the bill will be discussed. The delegates have the right to attend the meetings of the Committees to explain the proposed law and to present documents and reports.
3. Sixty days after the proposal of law has been assigned to the Board Committees without their pronouncement, the proposal of law shall be placed on the agenda of the first meeting of the Board, which shall deliberate on the merits within the following sixty days.
4. If, in the event of renewal of the Consiglio della Valle, the Council has not adopted the resolution referred to in paragraph 3 on the proposed law of popular initiative, the proposal shall be considered automatically suspended.
5. The President of the new Consiglio della Valle, regardless of the stage of examination at which the suspended bill was received in the previous legislature, must, no later than six months from the date of the first convocation of the Council itself, re-initiate the procedure referred to in paragraph 1

Art. 45
(Initiative and holding of the referendum)
1. Before proceeding with the adoption of legislative or administrative measures of particular general importance, the Consiglio della Valle may decide, by an absolute majority of its members, to hold a consultative referendum in order to ascertain the orientation of the voters on the measures themselves. The request for a consultative referendum may be made by (..) at least one fiftieth of the voters within one month of the legislative or administrative measure of particular general importance being sent to the Consiglio della Valle.
2. The deliberation of the Council of the Valley establishing the conduct of the consultative referendum contains the question to be addressed to the voters. 3. The President of the Region shall, by decree, call a consultative referendum within ten days of the transmission of the Council resolution referred to in paragraph 1 by the President of the Consiglio della Valle.

References: Legge regionale 25 giugno 2003, n. 19 Disciplina dell'iniziativa legislativa popolare, del referendum propositivo, abrogativo e consultivo, ai sensi dell'articolo 15, secondo comma, dello Statuto speciale. (accessed April 14, 2020)

Subject Matter:

a) To propose a regional law drafted in articles.
b) To proposeholding a referendum about the adoption of legislative or administrative measures of particular general importance

Actors

Author:
Citizens
Initiator:
Citizens
Decision maker:
Regional electorate

Requirements

Number Of Signatures:
1500 (law proposal) - 1/15th of electorate (referendum)
Available Time:
3 months (law proposal) - 1 month (referendum proposal)
Geographical Quorum:
None
Excluded Issues:

Art. 3
(Limits of eligibility )
1. The citizens' legislative initiative is not proposed for:
(a) tax and budgetary laws;
(b) laws on the functional autonomy of the Consiglio della Valle;
2. The initiative cannot be exercised in the six months preceding the expiry of the Council of the Valley. The initiative means the submission of the text of the bill in accordance with Article 5.

Other Formal Requirements:

Procedural Elements

Collection Mode:
free
Specify Collection Mode:

Art. 8
(Endorsement of the sheets for the collection of signatures)
1. Within ten days from the date of publication in the Official Bulletin of the Region of the deliberation of admissibility of the proposed law of popular initiative, the delegates shall deposit the sheets for the collection of signatures, for the purposes of endorsement, at the General Secretariat of the Consiglio della Valle.
2. The signatures of the voters of the municipalities in the region accompanying the proposed citizens' initiative law, with the exception of those referred to in Article 5, paragraph 1, letter a), shall be collected exclusively on sheets of paper stamped in accordance with paragraph 3.
Each sheet to be stamped, of the same size as the stamped paper, must contain, printed in epigraph, the text of the proposed citizens' initiative law.
3. Within three days of the deposit referred to in paragraph 1, the Secretary-General shall stamp the sheets of paper used for the collection of signatures. For this purpose he shall affix to each sheet the order number, the office stamp, the date and his signature and return them to the delegates.
4. Minutes of the deposit and return of the sheets intended for the collection of signatures shall be drawn up and signed by the delegates and the Secretary-General.

Art. 9
(Collection and authentication of signatures)
1. The voter shall affix his or her signature to the stamped papers. Next to each signature, the name and surname, place and date of birth and the municipality of the region on whose electoral roll the voter is registered shall be clearly and legibly indicated. Signatures without such indications, or with indications that do not correspond to what is required, are null and void.
2. The signatures shall be authenticated by one of the subjects indicated in article 14, paragraph 1, of Law no. 53 of 21 March 1990 (Urgent measures to ensure greater efficiency in the electoral process), most recently amended by article 4 of Law no. 120 of 30 April 1999 (Provisions on the election of the bodies of local authorities, as well as provisions on the fulfilment of obligations in electoral matters), and by the regional councillors of Valle d'Aosta who have declared their availability in writing to the President of the Consiglio della Valle.
3. The authentication shall indicate the date on which it is carried out and may be unique for all signatures on each sheet. In the latter case, it shall indicate the number of signatures authenticated in total.
4. The public official who carries out the authentication shall acknowledge that the voter is illiterate or unable to sign.

Art. 10
(Verification of signatures accompanying the proposed citizens' initiative bill)
1. The signatures for the presentation of the bill of popular initiative are collected and authenticated within three months after the date of the sheet stamped with the number one.
2. Within ten days of the expiry of the term referred to in paragraph 1, the delegates referred to in Article 5, paragraph 2, shall deposit the sheets containing the signatures with the General Secretariat of the Consiglio della Valle. The sheets containing the signatures shall be accompanied, for each Municipality, by the electronic list of the signatories in alphabetical order and with the indication of their place and date of birth, as well as the Municipality of registration on the electoral rolls, in addition to the declarations of willingness to authenticate the signatures made by the parties required to return them in accordance with article 9, paragraph 2. (1e)
3. The Secretary-General shall draw up minutes of the deposit of the sheets of paper, which shall record the declarations to be made by the delegates under their responsibility:
(a) the number of signatures collected within the time limit referred to in paragraph 1;
(b) the regularity of the authentication of signatures and the number of signatories contained in the list referred to in paragraph 2;
(c) the absence of double signatures between those referred to in point (a).
4. Within twenty-five days of filing, the Secretary-General shall verify:
(a) if the number of signatures declared by the delegates corresponds to the number of signatures actually present on the endorsed sheets and if those signatures, with the addition of those referred to in Article 5(1)(a), are found to be regular, are at least one thousand five hundred;
(b) if at least one thousand five hundred of the signatures referred to in letter a) are collected and authenticated within the term referred to in paragraph 1; the one thousand five hundred signatures also include the signatures referred to in article 5, paragraph 1, letter a) (2) ;
(c) if at least one thousand five hundred of the signatures collected are authenticated in accordance with article 9 and are affixed by subscribers registered on the electoral rolls of the municipalities in the region.
4 bis. For the purposes of paragraph 4, the General Secretariat shall send the list referred to in paragraph 2 to the individual municipalities for verification of the registration of the subscribers on the electoral rolls of the municipalities in the region. Within three days of the request, the mayors shall send, by certified e-mail, the relevant certificates, including collective ones, of registration on the electoral rolls of the respective municipality.
5. The Secretary-General shall declare the signatures null and void:
(a) without the information referred to in Article 9(1);
b) collected and authenticated after the deadline referred to in paragraph 1;
c) on duly authenticated or affixed by subscribers not registered in the electoral rolls of the municipalities of the region.
d) affixed on sheets not stamped in accordance with Article 8(3). 6. Within the time limit referred to in paragraph 4, the Secretary-General shall record the result of the findings made pursuant to paragraphs 4 and 5 in a special report.
7. The Secretary-General shall declare the proposed citizens' initiative law invalid, as it is inadmissible, if at the time of the deposit referred to in paragraph 2, or subsequently as a result of the acknowledgements referred to in paragraphs 4 and 5, the number of validly authenticated signatures is less than one thousand five hundred.
8. The Secretary General shall send the minutes to the delegates, the President of the Consiglio della Valle and the President of the Region who shall publish them in the Official Bulletin of the Region within the following ten days.

References: Legge regionale 25 giugno 2003, n. 19 Disciplina dell'iniziativa legislativa popolare, del referendum propositivo, abrogativo e consultivo, ai sensi dell'articolo 15, secondo comma, dello Statuto speciale. (accessed April 14, 2020)

Interaction With Authorities:
Supervision And Support:

Art. 4
(Assistance to holders of the right of popular legislative initiative)
1. Voters who intend to submit a bill of popular initiative may ask the Bureau of the Consiglio della Valle to be assisted in the drafting of the text by the competent structure of the Consiglio della Valle. For the same purpose, they may also request data and information from the structures of the Regional Government regarding any financial aspects of the proposed law.
2. The Presidency Office decides on the requests and makes the appropriate agreements with the President of the Region regarding the information and data to be provided by the structures of the Regional Government.

Transparency And Finance:

Practice

Archive:
Remarks:

The English version here is a courtesy translation only.