Aosta Valley, Italy, regional Popular or citizens initiative [PCI] - Referendum propositivo

General Typology

Instrument
Popular or citizens initiative [PCI]
Location
11100 Aosta, Aosta Valley, Italy
Political level
regional
Local Name:
Referendum propositivo
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)

SECTION II
PROACTIVE REFERENDUM
Art. 12
(Referendum proposal)
1. At least 5 per cent of the voters of the municipalities in the region may, in the manner set out in section I of this chapter and within the limits set out in Article 17, paragraph 2, present a proposed law of popular initiative to the Consiglio della Valle, provided that the sheets intended for the collection of signatures specify that the proposed law may be submitted to a referendum if the conditions set out in Article 13 .
2.  5 per cent of the electorate shall be calculated as at 31 December of the year preceding the date of submission of the bill pursuant to article 5, on the basis of the results of the last six-monthly review of the electoral rolls carried out pursuant to the consolidated text approved by Presidential Decree no. 223 of 20 March 1967 (Approval of the consolidated text of the laws governing the active electorate and the maintenance and review of electoral rolls) and subsequent amendments. 

Art. 13
( The procedure)
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 Council of the Valley starts the legislative procedure in accordance with the internal rules of the Council, assigning the proposal of 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 proposed law 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 the Council of the Valley Council does not approve the proposed law of popular initiative or a law which, with the assent of the Commission referred to in article 40, implements the inspiring principles and essential contents of the proposed law of popular initiative, the President of the Region, by decree to be published on the Official bulletin of the Region, index, within the next thirty days, referendum on the proposed law.
5. The Commission referred to in Article 40 is required to express the opinion referred to in paragraph 4 within ten days of the request of the President of the Region.
6. The decree announcing the referendum proposal shall contain the question to be addressed to the voters. 

Art. 14
(Result of the referendum and consequent requirements)
1. A proposed citizens' initiative bill submitted to a 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 valid votes cast.
2. If the result of the referendum is favourable, the proposed law shall be approved and the President of the Region shall, within ten days of receiving the minutes of the Regional Electoral Office referred to in Article 36(4), promulgate the law and publish it in the Official Bulletin of the Region.
3. If the result of the referendum is unfavourable, the proposed law shall be rejected and the President of the Region shall, within ten days of receiving the minutes of the Regional Electoral Office referred to in Article 36(4), arrange for the publication of the result in the Official Gazette of the Region.
4. If the result of the referendum is unfavourable, the proposed citizens' initiative bill submitted for a referendum may not be resubmitted until five years after the date of publication of the referendum result in the Official Gazette of the Region.
5. The proposed citizens' initiative law for which a referendum has been requested shall not expire at the end of the parliamentary term. In this case, the time limits referred to in Article 13, paragraph 3, shall run again from the date of the first meeting of the renewed Council. 

Art. 15
(Postponement)
1. The provisions for the conduct of the referendum on proposals shall be observed, insofar as they are applicable, as set out in Chapter II.

CHAPTER II
ABROGATIVE REFERENDUM

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. 

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); (5b)
(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.

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 present a law proposal

Actors

Author:
Citizens
Initiator:
Citizens
Decision maker:
Regional electorate

Requirements

Number Of Signatures:
5% of the electorate
Available Time:
3 months
Turnout Quorum:
Min. 50% of the voters of last regional election
Approval Quorum:
Majority of valid votes
Geographical Quorum:
None
Excluded Issues:

(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.

Other Formal Requirements:

Art. 48 (Electronic voting)
1. In the event that the conditions for voting by electronic means are met, the Region's ordinary law will make the necessary changes to the rules governing voting and voting procedures as set out in this law.

Procedural Elements

Collection Mode:
free
Specify Collection Mode:

Chapter II

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. 

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.

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:

Chapter II

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.