Bulgaria, national Popular or citizens initiative [PCI] - National Referendum

General Typology

Instrument
Popular or citizens initiative [PCI]
Location
Bulgaria
Political level
national
Local Name:
National Referendum
Normative Level:
statutory
Legally Binding:
yes
Legally Defined:

Proposal to hold a national referendum

Art. 10. (1) A proposal to the National Assembly to hold a national referendum can be initiated by

1. not less than one-fifth of its members;

2. the President of the Republic

3. the Council of Ministers;

4. not less than one-fifth of municipal councils in the country;

5. an initiative committee of voters gathered no less than 200 000 signatures of registered voters.

(2) (amend. - SG. 56 of 2015, effective 07.24.2015) The National Assembly has to adopt a decision to hold a national referendum if so requested by an initiative committee with a petition containing the signatures of not less than 400 000 Bulgarians.

(3) The Committee organized by President of the National Assembly for the maintenance of a public register shall receives the proposals for a national referendum and initiative committees under par. 1, p. 5 under par. 2 and art. 11, para. 2.

(4) The proposal for a national referendum has include one or more questions that people can answer with 'yes' or 'no'. Questions are written in Bulgarian language with commonplace terms, short, precise and clear. (..)

Art. 12. 

(1) A national referendum under Art. 10, para. 1 pt. 5 is organized by subscription by an initiative committee of citizens, consisting of 5 to 15 members.

(2) The initiative committee under par. 1 organizes and coordinates the petition by

1. preparing the forms on which signatures are collected;

2. consultation with the mayor determined accessible locations, where they will collect signatures;

3. notify in writing the President of the National Assembly about to start the petition for a referendum and put to the vote on the referendum question;

4. assembling and submitting the necessary documents of the petition to the National Assembly.

(3) The form for collecting  signatures must contain every page request to the question or questions for the referendum. Each form has a serial number.

(4) A citizen who wants to support the proposal fits into form

1. the full name;

2. the personal identification number (PIN);

3. permanent address;

4. signature.

(5) On a separate line in the form it is noted that the personal data will not be used for purposes other than the referendum. In the column 'remarks' fit and details of attendant if the person has a physical or visual disability and needs help.

(6) Any citizen can sign the petition, organized under this Act, only once, including an adress different from that of his permanent address.

(7) The petition of the initiative committee of citizens must contain

1. The proposal to hold a referendum to formulate the question of voting, the names, personal identification number, permanent address and signatures of the members of the nomination committee

2. Reasons of the proposal;

3. the forms with the collected signatures of citizens.

(8) If within three months of notification under par. 2 pt. 3 petition is not submitted to the National Assembly, the procedure for proposing the referendum is terminated by the President of the National Assembly, which is entered in the register under Art.10, ал. 3

(9) A new petition with a proposal for a referendum on the same issue can be started no sooner than 6 months after the termination of the procedure under par. 8 or one year from the decision of the Parliament rejecting the proposal.

References:LAW ON DIRECT PARTICIPATION OF CITIZENS IN NATIONAL GOVERNMENT AND LOCAL SELF-GOVERNMENT. Promulgated, State Gazette No. 44/12.06. 2009 (2015)

Subject Matter:

National Referendum

Actors

Author:
Citizens
Initiator:
Citizens
Decision maker:
Electorate

Requirements

Number Of Signatures:
400 000
Available Time:
Article 12 (8) provides that if the petition is not submitted to the National Assembly within three months upon the notification under Paragraph 2 (3), the procedure for presenting the referendum proposal shall be terminated-
Turnout Quorum:
Article 23 (1) The proposal, subject to the referendum thereof, shall be considered accepted if the number of voters, who have participated in the balloting, is not less than the voters who participated in the last National Assembly elections and if more
Approval Quorum:
More than half of the voters
Geographical Quorum:
Legal source does not mention geographical quorum
Excluded Issues:

Art. 9.

(2) A national referendum may not be conducted about:

1. the jurisdiction of the Grand National Assembly;

2. under art. 84, item 4, 6, 7, 8, 10, 12, 16 and 17, art. 91, 91a, art. 103, para. 2, art. 130, para. 3, art. 132 (a) and article. 147, para. 1 of the Constitution;

3. the amount of the taxes, fees, and labour and social security payments and contributions;

4. the State budget;

5. the rules on the internal organization and activities of the National Assembly.

(3) Subject to a referendum cannot be the entire codes and laws governing a matter entirely within an area.

(4) A referendum on international treaties signed by Bulgaria can be conducted prior to their ratification only.

References: LAW ON DIRECT PARTICIPATION OF CITIZENS IN NATIONAL GOVERNMENT AND LOCAL SELF-GOVERNMENT. Promulgated, State Gazette No. 44/12.06. 2009 (2015)

Other Formal Requirements:

Art. 9

(6) The decision, adopted by a national referendum, is not subject to subsequent approval by the National Assembly. The National Assembly adopts an Act, where this is necessary for the execution of the decision.

References: LAW ON DIRECT PARTICIPATION OF CITIZENS IN NATIONAL GOVERNMENT AND LOCAL SELF-GOVERNMENT. Promulgated, State Gazette No. 44/12.06. 2009. (2015)

Procedural Elements

Collection Mode:
free
Specify Collection Mode:
Wording Of Ballot Question:
Interaction With Authorities:
Supervision And Support:
Transparency And Finance:

Practice

Archive:
Remarks:

The LAW ON DIRECT PARTICIPATION OF CITIZENS IN NATIONAL GOVERNMENT AND LOCAL SELF-GOVERNMENT is based on constitutional rules:

Art. 1.
2) The entire power of the State shall derive from the people. The people shall exercise this power directly and through the bodies established by this Constitution.

Art. 42
(2) The organization and procedure for the holding of elections and referendums shall be established by law.

References: CONSTITUTION OF THE REPUBLIC OF BULGARIA PROM. SG 56/13 JUL 1991, AMEND. SG 85/26 SEP 2003, SG 18/25 FEB 2005, SG 27/31 MAR 2006, SG 78/26 SEP 2006 - CONSTITUTIONAL COURT JUDGMENT NO.7/2006 , SG 12/6 FEB 2007