San Marino, national Popular or citizens initiative [PCI] - Referendum propositivo

General Typology

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

Article 22
Eligibility and admissibility of the Referendum proactive
The Referendum proactive provided that, upon request, a number of citizens voters representing at least 1, 5% (unovirgolacinquepercento) of the electorate as determined under the first paragraph of Article 3, is admitted in the same areas for which the invalidating referendum is eligible.
It is only allowed provided that it does not aim to topic of exercising the voting rights, the right to work and freedom of movement and establishment of persons and in violation of general or limitation of human rights.
It 'still not acceptable to the Referendum proactive when the principles and terms of principles is called upon to decide can lead to the introduction of rules conflicting with the general principles of Law of San Marino on July 8 1974 No 59.
It 'also required for eligibility for the Referendum proactive that the referendum question which should be decidedb ythe electoral body expresses clearly and unmistakable the principles and the terms of principles.
The Board of Judges on the referendum will affirm that application is according the formalities of Article 5 of this Law and shall determine the eligibility of the request for referendum proactive in accordance with the requirements of this article.

Article 5
Conditions of admissibility of the invalidating referendum, popular initiative
The invalidating referendum, popular initiative, under penalty of inadmissibility, must be arranged with written request submitted to the Regency at least three voters, filed with the Office Institutional Secretary of the Department of Institutional Affairs who shall issue a certified copy with affixing a stamp indicating the deposit and the date, is written entirely appropriate minutes.
An application written on stamped paper, still on pain of inadmissibility, must contain the complete the signatories, the signature of the same duly certified by a notary or by the officer of Marital status or the Clerk of the Court and details of the electoral registration.
It also provided for the admissibility of filing an explanatory memorandum accompanying the application of the referendum.
Since the filing of the presenters are recognized as citizens in all respects of law in the Organizing Committee: the application must also be shown as one of the presenters is the legal representative of the Committee, also to any communications and notifications.

References:NUOVE NORME IN MATERIA DI REFERENDUM E INIZIATIVA LEGISLATIVA POPOLARE,1994

Subject Matter:

To initiate a referendum

Actors

Author:
Citizens
Initiator:
Citizens
Decision maker:
Electorate

Requirements

Number Of Signatures:
1,5% of the elect.
Available Time:
45 days
Turnout Quorum:
Majority is not less than 32% (trentaduepercento) of votes of the electors registered to vote
Approval Quorum:
The proposal submitted to referendum is approved if it obtains majority of the votes validly cast
Geographical Quorum:
Legal source does not mention geographical quorum
Excluded Issues:

Laws relating to tax matters , financial, amnesty and pardon; does not lead to the introduction of rules conflicting with the general principles of Law of San Marino on July 8 1974 No 59; no topic about exercising the voting rights, the right to work and freedom of movement and establishment of persons and in violation of general or limitation of human rights

Other Formal Requirements:

Procedural Elements

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

Practice

Archive:
Remarks: