Slovakia, national Popular or citizens initiative [PCI] - Petition for a referendum

General Typology

Instrument
Popular or citizens initiative [PCI]
Location
Slovakia
Political level
national
Local Name:
Petition for a referendum
Normative Level:
constitutional
Legally Binding:
yes
Legally Defined:

Article 95
(1) A referendum shall be declared by the President of the Slovak Republic upon a petition submitted by at least 350,000 citizens, or upon a resolution of the National Council of the Slovak Republic within thirty days after acceptance of the petition of citizens or the resolution of the National Council of the Slovak Republic had been received.
(2) The President of the Slovak Republic may, before declaring a referendum, submit to the Constitutional Court of the Slovak Republic a proposal for a decision on whether the subject of a referendum which shall be declared upon a petition of citizens or a resolution of the National Council of the Slovak Republic according to paragraph 1 is in conformity with the Constitution or a constitutional law. If the President of the Slovak Republic submits to the Constitutional Court of the Slovak Republic a proposal for a decision on whether a subject of referendum which shall be declared upon a petition of citizens or a resolution of the National Council of the Slovak Republic is in conformity with the Constitution or a constitutional law, from the submission date of the proposal of the President of the Slovak Republic to the date of effectuality of the decision by the Constitutional Court of the Slovak Republic, the term according to paragraph 1 shall not lapse.

Article 98

(1) The results of the referendum are valid if more than 50 percent of eligible voters participated in it and if the decision was endorsed by more than 50 percent of the participants in the referendum.

(2) The proposals adopted in the referendum will be promulgated by the National Council of the Slovak Republic in the same way as it promulgates laws.

Article 99

(1) The result of a referendum may be amended or repealed by a constitutional law adopted by the National Council of the Slovak Republic once a period of three years since effectuality of the results has elapsed.

(2) The referendum on the same issue may be repeated not earlier than three years after the previous referendum held.

Article 100

The procedures for holding a referendum shall be laid down by a law.

References: Constitution of Slovakia, 1992; (accessed July 27, 2018)

1b
(1) It is permissible to call for support of ballot initiatives (hereinafter "Petition") and ask to sign petitions in buildings of state authorities and territorial authorities government within the state administration during working hours, as well as in the immediate vicinity of these buildings and areas of armed forces. In hospitals, in social services and workplaces it is allowed to encourage the support petitions with the required signature only in a designated area in a specified time.
(2) Paragraph 1 also applies to the call that citizens did not support the petition.
5
Filing Petitions and equipment
(1) The petition must be written, marked by the word petition and must include the subject of public or other common interest and the data referred to in 4. 1 on the person who filed it, if the petition filed Petition Committee shall be given in 4. 1 on each of its members. The person designated to represent in dealings with public authorities under 3 Subs. 3 or 4 in the attached petition to the name, surname and residence address and signature.
(..)
4
The collection of signatures under a petition
(1) Everyone has the right of way, notwithstanding the Act to encourage others to support the petition with his signature. Each natural person must apply his readable name, permanent address, accompanied by his signature. A legal person shall state their name and address, the person authorized to act on its behalf, shall legibly the full name, permanent address if these data accompanied by his signature. (..)
(2) For the purpose mentioned in paragraph 1 the petition and signature sheets may be issued in places accessible to the public. An authorization from government is not necessary, but road safety, public nuisance or other restriction of rights and legitimate interests of others must be respected.
(3) Collecting signatures at a place accessible to the public may be authorized by a person who has reached the age of 16 years.
(4) The signature petition sheets must contain the text of the petition to make clear what the petition is about, which is supported by a signature, for each signature sheet shall contain the name, surname and full address of the residence of the person. designated to represent the contact with public authorities.
(5) If a petition supported by more people, the person administering the petition must provide the following number of signatures attached sheets. Signature sheets shall be numbered consecutively.
(6) The public authority does not count the support of a petition by a person where each mentioned data is illegible or incorrect.

References: Zkon o spsobe vykonania referenda - Zkon ?. 564/1992 Zb. - pln znenie (aktualizovan pln znenie - stav k 25. 8.2010)

Subject Matter:

To initiate a referendum

Actors

Author:
Citizens
Initiator:
Citizens
Decision maker:
Electorate

Requirements

Number Of Signatures:
350 000
Available Time:
No information in legal source
Turnout Quorum:
Majority of all voters participated in the referendum
Approval Quorum:
Absolute majority of voters
Geographical Quorum:
Legal source does not mention geographical quorum
Excluded Issues:

Fundamental rights; freedoms; taxes: duties and state budget

Other Formal Requirements:

See above regulations of Zákon o spôsobe vykonania referenda

Procedural Elements

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

Practice

Archive:
Remarks: