Aosta Valley, Italy, regional Authorities minority veto-plebiscite [MVP] - Referendum abrogativo

General Typology

Instrument
Authorities minority veto-plebiscite [MVP]
Location
11100 Aosta, Aosta Valley, Italy
Political level
regional
Local Name:
Referendum abrogativo
Normative Level:
statutory
Legally Binding:
yes
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 II
ABROGATIVE REFERENDUM
SECTION I
REQUEST FOR A REPEAL REFERENDUM
Art. 16 (Owners of the referendum initiative)
1. A referendum on the total or partial repeal of a regional law shall be held when they so request:
(b) at least 20 municipal councils.

Art. 25
(Request for a referendum by the municipal councils)
1. The resolutions of the Municipal Councils containing the referendum question, formulated in accordance with article 20, must be taken by an absolute majority of the members assigned and must be transmitted by the Mayors of the Municipalities concerned to the General Secretariat of the Consiglio della Valle.
2. The referendum question must be identical in all the deliberations of the Municipal Councils.
3. The referendum initiative is considered to be exercised with the presentation of the question on the day on which the last Municipal Council resolution necessary to integrate the requirement of article 16, paragraph 1, letter b) is received by the General Secretariat of the Consiglio della Valle.
4. The last necessary resolution must reach the General Secretariat of the Consiglio della Valle within three months from the date of the Municipal Council's first resolution.
5. The resolutions of the Municipal Councils shall indicate the names of two delegates, for the purposes of the provisions of Article 18, paragraph 2, which must be the same for all the Councils; in the event of discrepancies, the indication given by the Municipal Council that passed the first resolution shall apply.
6. Within ten days of the expiry of the three months referred to in paragraph 4, the Secretary General shall verify, by means of minutes to be sent to the delegates referred to in paragraph 5, that at least twenty resolutions have been received within the deadline referred to in paragraph 4. If the result is negative, the Secretary-General shall declare the request for a referendum invalid, as it is inadmissible. If the result is positive, the Secretary General shall send a copy of the deliberations to the Commission referred to in article 40, which shall deliberate on the admissibility of the referendum request within the following forty-five days. For the purposes of verifying the admissibility, Article 21 shall apply.
7. The Commission shall communicate its decision on the referendum question within five days of its adoption: (a) to the delegates; b) to the President of the Region who, within ten days, shall arrange for its publication in the Official Bulletin of the Region and, in the event of a positive outcome of the verification of the admissibility of the referendum question, shall hold the relevant referendum in the manner provided for in Article 26.
8. A referendum shall not be held if, following the revocation of one or more of the Municipal Councils' resolutions, the requirement set out in Article 16(1)(b) is not met prior to the decision on the admissibility of the question.

Art. 27
(Concentration of referendums)
1. By means of the decree calling the referendum referred to in Article 26, the President of the Region, with the assent of the Commission referred to in Article 40, shall order the concentration in a single referendum of requests for referendums presenting uniformity or similarity of subject matter.
2. The President of the Region, with the assent of the Commission referred to in Article 40, shall make any corrections to the text of the requests for referendums which may be necessary to clarify the question to be submitted to the voters.
3. The Commission shall express the opinion referred to in paragraph 2 within twenty days of the request by the President of the Region. 

Art. 29
(Periods of suspension of the referendum)
1. All operations and activities regulated by this Chapter relating to the holding of the referendum shall be suspended:
(a) during the six months preceding the expiry of the Valley Council and during the six months following the election of the new Valley Council;
b) in case of early dissolution of the Consiglio della Valle: in the period between the publication in the Official Bulletin of the Region of the decree calling for the elections and the six months following the election of the new Consiglio della Valle;
c) in the three months preceding and in the three months following the date set for the local elections which concern at least half of the municipalities in the region.
2. The regional abrogation referendums already called for a Sunday falling within one of the periods referred to in paragraph 1, shall be postponed, by decree of the President of the Region, to the first useful round. The decree shall be published in the Official Bulletin of the Region.

Art. 30
(Repeal before the abrogative referendum was held)
1. If, before the date of the referendum, the total abrogation of the discipline to which the referendum refers has taken place, 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 to which the referendum refers, the President of the Region, with the assent of the Commission referred to in Article 40, shall, by decree, determine whether the referendum is to take place and what provisions are the subject of the referendum, or that the referendum is no longer to take 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 Commission referred to in Article 40, shall, by decree, determine whether the referendum is to take place and what provisions are the subject of the referendum. To this end, where the new legislation has not modified the principles underlying the existing legislation or the essential content of the individual precepts, the referendum shall be held only or also on the new provisions.
4. If the President of the Region considers that the referendum, in the cases referred to in paragraphs 2 and 3, should take place, the President of the Region, with the assent of the Commission referred to in Article 40, shall, with the same decrees referred to in paragraphs 2 and 3, reformulate the referendum question.
5. The Commission 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 this article shall be published in the Official Gazette of the Region.

Art. 36
(Validity of the referendum and the fulfilment of the regional office for the referendum)
1. The regional referendum office shall, after receiving the minutes of all the section offices for the referendum and their annexes, proceed, in public session, to ascertain that the voters have taken part in the vote and, if this has reached the threshold of validity provided for in paragraph 2, to the sum of the valid votes in favour and the valid votes against the repeal of the law or part of it and the subsequent proclamation of the results of the referendum.
2. The regional referendum office shall declare the referendum invalid if at least 50% of the voters in the last regional elections did not participate.
3. The proposal for a repealing referendum shall be adopted if at least 50% of the number of voters in the last regional elections prior to the referendum participate in the vote and if the affirmative response reaches a majority of the votes validly cast. 4. Minutes of all the operations of the regional office for the referendum shall be drawn up in two copies, one of which shall be filed with the Tribunal and the other shall be sent to the President of the Region.

Article 38
(Declaration of repeal)
1. If the result of the referendum is in favour of repeal, the President of the Region shall, by decree, declare the repeal of the provision submitted for a referendum.
2. The decree shall be published, within ten days of receipt of the minutes referred to in Article 36(4), in the Official Gazette of the Region and the repeal shall take effect on the day following that of publication.
3. The President of the Region may delay the entry into force of the repeal for a period not exceeding sixty days from the date of publication of the decree referred to in paragraph 2, expressly stating the reasons for the delay. 

Art. 39
(Result of the referendum against repeal)
1. If the result of the referendum is against repeal, the President of the Region shall, within ten days of receipt of the minutes referred to in Article 36(4), ensure publication of the result in the Official Gazette of the Region.
2. The rejected referendum proposal may not be resubmitted before five years have elapsed from the date of publication of the referendum result in the Official Gazette of the Region.

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:

To call a plebiscite tfor the partial or total repeal of a law

Actors

Author:
Parliament
Initiator:
20 Municipal councils
Decision maker:
Regional electorate

Requirements

Available Time:
3 months
Turnout Quorum:
50% of the electorate taking part during the last regional parliamentary election
Approval Quorum:
Majority of valid votes
Geographical Quorum:
None
Excluded Issues:

Art. 17
(Admissibility Limits)
1. Regional laws, individual articles thereof or complete paragraphs thereof, or parts thereof which are formally and substantially qualifiable as autonomous precepts, may be subject to a referendum to repeal them.
2. They may not be subject to a repealing referendum:
(a) tax and budgetary laws;
(b) provisions which are mandatory or binding by virtue of provisions of the Constitution, the Special Statute, Community law and international obligations. Where the referendum refers to laws with only part of their content which are binding, the admissibility check referred to in Article 21 may refer only to provisions with no binding content or which are not strictly necessary;
(c) laws which concern the protection of a linguistic minority;
(d) laws relating to the functional autonomy of the Consiglio della Valle;
(e) laws on town planning and environmental protection.
3. The referendum initiative cannot be presented in the six months preceding the expiration of the Council of the Valley. Valley and in the six months following the election of the new Valley Council. By initiative we mean the submission of the referendum question pursuant to Article 18.

Other Formal Requirements:

Procedural Elements

Wording Of Ballot Question:

Art. 20
(Referendary question)
1. The question which is to be submitted for a repealing referendum consists of the formula 'Do you want the regional law to be repealed ...', followed by an indication of the date, number and title of the law whose repeal is proposed, as well as the date and number of the Official Bulletin of the Region on which it has been published.
2. Where a referendum is requested for partial repeal, the number of articles or subparagraphs whose repeal is proposed shall also be indicated.
3. Where a referendum is requested for the repeal of part of one or more subparagraphs, the literal text of the part of the subparagraph whose repeal is proposed shall also be inserted.
4. The provisions which are the subject of the same referendum proposal must meet the criteria of homogeneity and consistency, but may be contained in several legislative acts.

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

Practice

Archive:
Remarks:

The English version here is a courtesy translation only.