Tbilisi, Georgia, national Popular or citizens initiative [PCI] - Request for a referendum

General Typology

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

Article 5
2. The people shall exercise their authority through referendum, other forms of direct democracy and their representatives.

Article 74
1. At the request of the Parliament of Georgia, of not less than 200,000 electors or on his/her own initiative the President of Georgia shall schedule a referendum concerning the issues determined by the Constitution and the Organic Law within 30 days after receiving such a request.
2. The referendum shall not be held with the view of adopting or repealing law, in terms of amnesty or pardon, ratification or denunciation of international treaties and agreements, as well as the issues restricting the basic constitutional rights and freedoms of individuals.
3. Issues related to the scheduling and holding referendum shall be determined by the Organic Law.


Article 89
1. The Constitutional Court of Georgia on the basis of a constitutional claim or a submission of the President of Georgia, the Government, not less than one fifth of the members of the Parliament, a court, the higher representative bodies the Autonomous Republic of Abkhazia and the Autonomous Republic of Ajara, the Public Defender or a citizen in accordance with a procedure established by the Organic Law: (6.02.2004.N3272) (..)
d. consider dispute on constitutionality of provisions on referenda and elections as well as dispute on constitutionality of referenda and elections held on the basis of these provisions (27.12.2005, # 2496)

References: Constitution of Georgia, 1995 (accessed August 28, 2018)


Article 74
1. At the request of the Parliament of Georgia, of not less than 200,000 electors or on his/her own initiative the President of Georgia shall schedule a referendum concerning the issues determined by the Constitution and the Organic Law within 30 days after receiving such a request.
2. The referendum shall not be held with the view of adopting or repealing law, in terms of amnesty or pardon, ratification or denunciation of international treaties and agreements, as well as the issues restricting the basic constitutional rights and freedoms of individuals.
3. Issues related to the scheduling and holding referendum shall be determined by the Organic Law.


Article 89
1. The Constitutional Court of Georgia on the basis of a constitutional claim or a submission of the President of Georgia, the Government, not less than one fifth of the members of the Parliament, a court, the higher representative bodies the Autonomous Republic of Abkhazia and the Autonomous Republic of Ajara, the Public Defender or a citizen in accordance with a procedure established by the Organic Law: (6.02.2004.N3272) (..)
d. consider dispute on constitutionality of provisions on referenda and elections as well as dispute on constitutionality of referenda and elections held on the basis of these provisions (27.12.2005, # 2496)


Article 10. Initiative group for arranging the referendum
1. If the voters initiate the conduct of referendum, an initiative group is formed.
First name, last name and place of residence of each member of the initiative group should be indicated on the group list. The group should clearly and specifically define the issue proposed for the referendum.
2. The initiative group addresses the central referendum commission with the request to register the issue proposed for the referendum. Formulation of the proposed issue should be ascertained by the agreement of the initiative group.
3. The Central Referendum Commission registers the issue proposed for the referendum as well as the members of the initiative group and publishes this information in the official press along with the address of the initiative group.
4. The issue proposed for the referendum is entered in the papers of the voter signatures.
5. The initiative group will be issued the registration card within one month period after requesting the registration. Rejection of registration is possible if the law requirements are not fulfilled.
6. The initiative group can litigate the rejection of registration in the Supreme Court of Georgia within 5 days. The supreme court of Georgia adjudicates the appeal and makes the final decision within 5 days from its reception.


Article 11. Rule and timeframe for collecting the signatures
1. The initiative group begins collecting signatures upon the reception of the registration card.
2. Signatures must be collected on the official papers determined by the Central Referendum Commission and agreed by the initiative group. Each paper must be signed by at least 50 citizens who should write their name, date of birth, address, ID number and date of signature by themselves. Each paper, completed with the abovementioned data, must be signed by the person responsible for collecting the signatures. This person should also indicate his/her address on each paper and his/her signature must be verified in the Notary Bureau or a local self -government body.


Article 12. Adjudicating the results of collecting signatures
1. Completed signature papers are sent to the initiative group, which defines the summarized data about the results of collecting signatures and submits it to the Central Referendum Commission along with the signature papers no later than 3 months after receiving the registration card.
2. Central Referendum Commission checks the received materials and if they do not contradict with the requirements of this Law, the Commission submits its conclusion and the request of the initiative group about the conduct of referendum to the President no later than 1 month after receiving the materials.
3. If it is found out that one and the same voter had sighed the request form for the conduct of referendum twice or more times, all the signatures will become invalid. (..)
5. The referendum issue will be passed if more than of the voters vote For.
6. The referendum is unauthorized if less than of citizens who have a right to vote, participate in it.

References: LAW ON THE REFERENDUM,2003

Subject Matter:

To initiate a referendum

Actors

Author:
Citizens
Initiator:
Citizens
Decision maker:
Electorate

Requirements

Number Of Signatures:
200 000
Available Time:
3 months
Turnout Quorum:
The referendum is unauthorized if less than 1/2 of citizens who have a right to vote, participate in it- References: LAW ON THE REFERENDUM, 2003
Approval Quorum:
The referendum issue will be passed if more than half of the voters vote for it. References: LAW ON THE REFERENDUM, 2003
Geographical Quorum:
Legal source does not mention geographical quorum
Excluded Issues:

The referendum shall not be held with the view of adopting or repealing law, in terms of amnesty or pardon, ratification or denunciation of international treaties and agreements, as well as the issues restricting the basic constitutional rights and freedoms of individuals.

Other Formal Requirements:

Signatures must be collected on the official papers determined by the Central Referendum Commission and agreed by the initiative group. Each paper must be signed by at least 50 citizens who should write their name, date of birth, address, ID number and date of signature by themselves. Each paper, completed with the above mentioned data, must be signed by the person responsible for collecting the signatures. This person should also indicate his/her address on each paper and his/her signature must be verified in the Notary Bureau or a local self -government body.

Procedural Elements

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

Review by Constitutional Court

Transparency And Finance:

Practice

Archive:
Remarks: