Aosta Valley, Italy, regional Authorities minority veto-plebiscite [MVP] - Referendum previsto dall'articolo 15

General Typology

Instrument
Authorities minority veto-plebiscite [MVP]
Location
11100 Aosta, Aosta Valley, Italy
Political level
regional
Local Name:
Referendum previsto dall'articolo 15
Normative Level:
statutory
Legally Binding:
yes
Legally Defined:

TITLE V
BODIES OF THE REGION
ARTICLE 15
1. These are the bodies of the Region: the Valley Council, the Regional Government and the President of the Region.
2. In accordance with the Constitution and the principles of the Republic's legal system and in compliance with the provisions of this Title, the regional law, approved by an absolute majority of the assigned councillors, shall determine the form of government of the Region and, specifically, the procedures for electing the Council of the Valley, the President of the Region and the councillors, the cases of ineligibility and incompatibility with the aforementioned offices, the relations between the organs of the Region, the presentation and approval of the reasoned motion of no-confidence against the President of the Region, as well as the exercise of the right of popular initiative of the regional laws and of the regional abrogative, proactive and consultative referendum.
(..)
The regional law referred to in the second paragraph shall be submitted to a regional referendum, the discipline of which is provided for by a specific regional law if, within three months of its publication, one fiftieth of the voters of the Region or one fifth of the members of the Council of the Valley request it.
The law submitted to referendum shall not be promulgated unless it is approved by a majority of the valid votes. (..)
If the law has been passed by a two-thirds majority of the members of the Valley Council, a referendum shall only be held if, within three months of its publication, the request is signed by one-fifteenth of the persons entitled to vote for the election of the Valley Council.

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

Article 6
(Request for referendum by one fifth of the regional councillors)
1. If the referendum request is submitted by at least one fifth of the members of the Regional Council, the signatures of the applicants shall be authenticated by the President of the Council, who shall at the same time certify that they are current councillors. No other documentation shall be required.
2. The request for a referendum shall be accompanied by the designation of two delegates, chosen from among the petitioners, by whom the request shall be lodged with the Secretary-General of the Regional Council.
3. The Secretary-General of the Regional Council, hereinafter referred to as the Secretary-General, shall draw up minutes of the deposit, showing the date and time of the deposit and containing an address for service of the delegates with their respective parliamentary group in the Regional Council. The minutes shall be signed by the delegates and the Secretary-General.
4. The minutes shall be drawn up in two originals, one of which shall be attached to the referendum request and the other shall be handed over to the delegates as proof of lodging.
5. The Secretary-General shall immediately notify the President of the Regional Council and the President of the Region of the request for referendum. The latter shall publish the notification within five days in the Regional Official Bulletin and, if the three-month period referred to in Article 2(5) has elapsed, shall call the referendum in accordance with Article 13.

Article 13
(Holding of referendum)
1. If the Bureau of the Regional Council certifies the legitimacy of the referendum request in the minutes referred to in Article 11(3), the President of the Region shall, within thirty days of the date of transmission of the Bureau minutes, call the referendum by decree to be published in the Official Bulletin of the Region.
2. The date of the referendum shall be set by the President of the Region on a Sunday between the sixtieth and the ninetieth day after publication of the decree calling for the referendum in the Official Bulletin of the Region.
3. Where another regional law approved in accordance with Article 15(2) of the Special Statute has been published in accordance with Article 2, the President of the Region may delay the holding of the referendum for up to four months beyond the deadline laid down in paragraph 2, so that the referendums are held at the same time with a single convocation of the voters of the region for the same day.

Article 19
(Proclamation of the results of the referendum)
1. The regional referendum office shall proclaim the results of the referendum by certifying that the regional law submitted to the referendum had, taking into account the valid votes, a higher number of votes in favour and a lower number of votes against, or that the number of votes in favour is less than or equal to the number of votes against. 

Article 20
(Promulgation of the law in the event of a favourable outcome of the referendum)
1. The President of the Region shall, on the basis of the report submitted by the regional referendum office, if it emerges that the regional law submitted to the referendum has received a majority of votes in favour, promulgate the law with the following formula "The Regional Council has approved with an absolute majority (a two-thirds majority) of its components; The referendum held on ... The referendum held on ... was favourable; The President of the Region hereby promulgates the following law: (text of the law). This Regional Law will be published in the Official Bulletin of the Region. It is the duty of everyone concerned to observe it and have it observed as a law of the Autonomous Region of Valle d'Aosta. 

Art. 21
(Publication of the unfavourable outcome of the referendum)
1. The President of the Region, on the basis of the report submitted by the regional referendum office, shall ensure that the unfavourable outcome of the referendum is published in the Official Bulletin of the Region if the number of votes cast for the regional law submitted to the referendum is less than or equal to the number of votes against.
2. Regional laws not approved by referendum shall lapse.

References: Legge regionale 22 aprile 2002, n. 4; Disciplina del referendum previsto dall'articolo 15, quarto comma, dello Statuto speciale. (B.U. 21 maggio 2002, n. 22)(accessed (February 21, 2021)

Subject Matter:

To call a referendum according to Article 15 (2) of the Statuto speciale.

Actors

Initiator:
1/5th of MPs
Decision maker:
Regional electorate

Requirements

Available Time:
3 months
Turnout Quorum:
None.
Approval Quorum:
50%+1 of valid votes
Geographical Quorum:
None.
Excluded Issues:
Other Formal Requirements:

Only possible if the law was not approved by a 2/3rd majority.

Procedural Elements

Wording Of Ballot Question:

Article 14
(Question to be submitted to referendum)
1. The text of the question to be submitted to referendum shall consist of the following wording: "Do you approve the regional law referred to in Article 15, second paragraph, of the Special Statute, bearing "(title of the law)", approved by the Regional Council at its meeting on ..., with an absolute majority (a two-thirds majority) of its members and published in the Official Bulletin of the Region number ..., on ...?".
2. The question shall be reproduced on the voting papers in both Italian and French.

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

Practice

Archive:
Remarks:

The English version here is a courtesy translation only.