Aosta Valley, Italy, regional Popular or citizen-initiated referendum [PCR] - Referendum abrogativo

General Typology

Instrument
Popular or citizen-initiated referendum [PCR]
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:
(a) at least four thousand voters in the municipalities in the region;

Art. 18
(Presentation of the referendum question)
1. In order to exercise the abrogative referendum initiative, at least three and no more than five voters from the municipalities in the region, who assume the role of promoters of the referendum proposal, shall submit the following documents to the General Secretariat of the Consiglio della Valle:
a) the text of the referendum question, formulated in accordance with Article 20, and the explanatory report of the proposal which is the subject of the referendum initiative 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 rolls.
2. When submitting the referendum question, 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 referendum request is attributed. In particular, the two delegates:
(a) receive communications regarding the referendum procedure;
(b) intervene personally in the stages of the referendum procedure;
(c) exercise the actions, appeals and any other initiative for the protection of the referendum.
3. Communications to the delegates referred to in paragraph 2 shall be made by registered letter with acknowledgement of receipt.
4. The Secretary-General shall draw up minutes of the submission of the referendum question, which shall be authentic on the day and time of the submission. The minutes, signed by the promoters and the Secretary-General, shall record the statements to be made by the promoters under their responsibility:
(a) the number of signatures at the foot of the referendum question;
(b) the regularity of the certifications 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. 19
(Verification of signatures)
1. Within fifteen days of filing the referendum question, 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 rolls of the municipalities in the region.
1a. For the purposes of paragraph 1, the General Secretariat shall send the list referred to in article 18, paragraph 1, letter b), to individual municipalities for a verification of the registration of the subscribers in 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 proposal for a referendum inadmissible and the proceedings shall be closed. If the verification gives a positive result, the Secretary-General shall forward the text of the referendum question and the explanatory report to the Commission within three days, as follows in Article 40.
3. The Secretary-General shall notify the delegates referred to in Article 18, paragraph 2, of the declaration of inadmissibility or the transmission to the Commission of the text of the referendum question and the explanatory report, 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 referendum proposal or arrange for the publication of the referendum question and the explanatory report.

Art. 22
(Endorsement of signature collection sheets)
1. Within ten days from the date of publication in the Official Bulletin of the Region of the decision of admissibility of the referendum question, 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 request for a referendum, with the exception of those referred to in Article 18, 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 referendum question as specified in Article 20.
3. Within three days of the deposit referred to in paragraph 1, the Secretary-General shall authenticate the sheets for the collection of signatures. For this purpose he shall affix the order number, the office stamp, the date and his signature on each sheet 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. 

Article 24
(Verification of signatures accompanying the referendum request) 1. The signatures for submitting the referendum request shall be collected and authenticated within three months of the date on which the sheet bearing the number one signature is authenticated.
2. Within ten days of the expiry of the deadline referred to in paragraph 1, the delegates referred to in Article 18(2) shall deposit the sheets containing the signatures with the general secretariat of the Valley Council. For each municipality the electronic list of signatories, in alphabetical order and indicating their place and date of birth and municipality of registration on the electoral roll, shall be attached to the sheets containing the signatures, together with the declarations of willingness to authenticate the signatures made by those required to do so under Article 9(2).
3. The Secretary-General shall draw up minutes of the deposit of the sheets containing the declarations that the delegates are required to make on their own responsibility:
(a) on the number of signatures collected within the time limit referred to in paragraph 1; (a) of the number of signatures collected within the time limit referred to in paragraph 1;
(b) of the regularity of the authentications of signatures and of the number of signatories contained in the list referred to in paragraph 2;
(c) on the absence of duplicate signatures among those referred to in point (a).
4. Within twenty-five days of filing, the Secretary-General shall verify:
(a) whether the number of signatures declared by the delegates corresponds to the number of signatures actually on the authenticated sheets and whether these signatures, including those referred to in Article 18, paragraph 1, letter a), which have been verified as regular, are at least four thousand;
(b) if at least four thousand of the signatures referred to in subparagraph (a), including those referred to in Article 18(1)(a), are collected and authenticated within the period referred to in subparagraph 1;
c) if at least four thousand of the signatures collected are authenticated in accordance with Article 9 and are submitted by signatories registered on the electoral roll of the municipalities in the region.
4a. For the purposes of paragraph 4, the General Secretariat sends the list referred to in paragraph 2 to the individual municipalities for verification of the registration of the signatories on the electoral rolls of the municipalities in the region. Within three days of the request, the mayors shall transmit, by certified e-mail, the relevant certificates, including collective certificates, of registration on the electoral roll of the respective Municipality.
5. The Secretary-General shall declare null and void signatures
(a) lacking the information referred to in article 23, paragraph 1;
(b) collected and authenticated after the deadline referred to in subsection 1;
(c) not duly authenticated or affixed by signatories who are not entered on the electoral roll of the municipalities in the region;
(d) affixed on sheets of paper that have not been stamped in accordance with Article 22, paragraph 3.
6. Within the time limit set in paragraph 4, the Secretary General shall record in a special report the results of the checks carried out in accordance with paragraphs 4 and 5.
7. The Secretary-General shall declare the application for a repeal referendum inadmissible if, at the time of the deposit referred to in paragraph 2, or subsequently as a result of the checks referred to in paragraphs 4 and 5, the number of validly authenticated signatures is less than four thousand.
8. The Secretary-General shall send the minutes to the delegates and to the President of the Region who shall publish them in the Official Bulletin of the Region within the following ten days and, if the Secretary-General's minutes confirm the validity of the request, he shall proceed to call the relevant referendum in accordance with the procedures provided for in article 26.

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:
Citizens
Decision maker:
Regional Electorate

Requirements

Number Of Signatures:
4000
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

Collection Mode:
free
Specify Collection Mode:

Art. 23
(Collection 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 in accordance with Article 9.

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.

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)

Wording Of Ballot Question:

Art. 20
(Referendum 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: