Veneto, Italy, regional Agenda (setting) initiative [PAX] - Iniziativa popolare

General Typology

Instrument
Agenda (setting) initiative [PAX]
Location
Veneto, Italy
Political level
regional
Local Name:
Iniziativa popolare
Normative Level:
statutory
Legally Binding:
no
Legally Defined:

Art. 20 - Legislative and regulatory initiative.
(..)
4. Draft citizens' initiative laws shall not lapse at the end of the legislature.
5. Entities entitled to submit draft laws and regulations may request the assistance of the Office legislative of the Regional Council; the first signatory
6. The draft laws and regulations of citizens' and local authorities' initiatives, on which no decision ist made within six months after submission are placed on the agenda and discussed by the Council.

References: Legge regionale statutaria 17 aprile 2012, n. 1; STATUTO DEL VENETO (accessed April 14, 2020) 

Title I Legislative initiative
Chapter I Popular initiative
Art. 1 The popular initiative for regional laws and regulations provided for in the second paragraph of Article 38 of the Statute is exercised by submitting a proposal, signed by at least five thousand voters, containing the text of the project drawn up in articles and a report explaining its content and purpose.
Proposals may be submitted by voters registered on the electoral lists of the municipalities of the Region and those who have one of the final judgements referred to in the first paragraph of Article 45 of Law no. 223 of 20 March 1967 and referred to in the last paragraph of the same article.
Any proposed law that amounts to new or higher expenses, or lower income, must indicate respectively the forms of financing or the means to deal with the lower income. 

Article 2
The initiative referred to in the previous article may not be exercised for budget laws, tax laws and laws approving regional plans and programmes. 

Art. 3
Voters who intend to promote a proposal may ask the President of the Regional Council to be assisted in the drafting of the project by the Legislative Office of the Council itself.
The request, which must explain the content and purpose of the proposal and be signed by at least fifty voters, shall be decided by the Bureau, after consulting the competent Council Commission, having regard to the legislative and regulatory competence of the Region and the limits referred to in art. 2 above.
The formal resolution specifies, if the request is rejected, the reasons for the rejection, and if the request is accepted, the modalities of the assistance granted. 

Art. 4
The collection of signatures is carried out on special printed forms, dated and stamped for each sheet by the Chairman of the Board or his delegate, showing the full text of the proposal, as well as the details of the Official presenter and his substitutes, in number not less than three and not more than five.
Substitutes in order of succession shall replace the Official Presenter in all respects, in case of impediment or absence. Next to each signature, the surname, first name, date and place of birth of the undersigned must be indicated in full, as well as the Municipality where he or she is registered on the electoral roll. The signatures of the subscribers are authenticated:
a) by the persons referred to in paragraph 1 of Article 14 of Law no. 53 of 21 March 1990, "Urgent measures to ensure greater efficiency in the electoral process", and subsequent amendments;
b) by regional councillors, who have declared in writing their availability to the President of the Regional Council.
(1) The authentication must bear the date on which it takes place and may also be collective sheet by sheet; in this case, in addition to the date, it must indicate the number of signatures contained on the sheet. If the proposing voter is unable to sign for any reason, the public official who carries out the authentication receives the voter's expression of will, and acknowledges this by means of minutes. 

Art. 5
The proposal formulated according to the provisions of art. 1, accompanied by the certificates, even collective ones, of registration of the subscribers in the electoral lists, must be submitted to the Bureau of the Regional Council by the Official Presenter, within six months from the endorsement of the press forms referred to in the previous article.
The Statutory Auditors must issue the certificates referred to in the previous paragraph within five days of the relevant request. The presentation of the proposal of the relative documentation is acknowledged by means of minutes. The minutes shall be drawn up in duplicate by an official of the Bureau and shall be signed by the presenter, who shall be given a copy of the minutes as proof of filing. The minutes must also indicate the number of signatures collected, duly declared by the presenter.

Art. 6
On the admissibility of the proposal, both from the substantive point of view of the matter in relation to art. 2, and from the formal point of view of the verification of the rituality of the procedure followed, the Regional Council decides within 30 days from the presentation of the proposal itself, on the report of the Bureau. The proposal, declared admissible, is subject to the procedures provided for by the Statute and the Regulations.

Art. 7
The Official Presenter has the right to participate in the work of the competent Commission with the right to speak, to produce explanatory notes and to be assisted by no more than three people.
To this end, he must be notified, with adequate notice, of the Commission's work schedule. The Commission itself shall draw up a report on the proposal for the meeting in which any minority opinions and the remarks and observations of the Official Presenter shall also be recorded.
No changes may be made to the proposal by the Commission, not even with the consent of the Official Presenter, and the proposal must be discussed in plenary in the text drawn up by the proposers, together with any amendments presented during discussion in the Commission. During the discussion in the Assembly, the Official Presenter has also the right to present, until the moment of the vote, through the Bureau, further pleadings and explanatory notes that take into account the course of the discussion in the Assembly. 

Art. 8
A copy of the minutes of the meeting of the Council, with the result of the final vote, is sent to the Official Presenter.

Title III
Consultative referendums
Art. 24 All the subjects holding the power of legislative initiative, in the forms in which it is admitted, as well as every single Provincial or Municipal Council representing the populations concerned, are entitled to request a consultative referendum as per art. 47 first paragraph of the Statute.
The decision of the Regional Council, which decides to hold the referendum, must specify the question to be addressed to the voters as well as the territorial scope within which the referendum is called. By the same act, the President of the Regional Government is mandated to call the referendum by his own decree, to be issued forty-five days before the date set for consultation.

Title IV
Final provisions
Art. 27
The expenses for the authentication of the minimum signatures referred to in Articles 1 and 13 shall be reimbursed by the Region to the Official Presenter if the Council has acknowledged the eligibility of the proposal and a formal request duly documented within one year of the Council's deliberation, referred to in Articles 6 and 15, to the extent established by the tables in force for notaries and municipal secretaries respectively.
Reimbursement shall also be made in the case provided for in Article 16, provided that the proposed referendum does not conflict in form and content with the provisions of this law.

References: NORME SULL’INIZIATIVA POPOLARE PER LE LEGGI ED I REGOLAMENTI REGIONALI, SUL REFERENDUM ABROGATIVO E SUI REFERENDUM CONSULTIVI REGIONALI.1973 (accessed April 14, 2020)

Subject Matter:

To introduce a draft law to Parliament or to hold a consultative referendum

Actors

Author:
Citizens
Initiator:
Citizens
Decision maker:
Parliament

Requirements

Number Of Signatures:
5000
Available Time:
6 months
Geographical Quorum:
Excluded Issues:

Article 2
The initiative referred to in the previous article may not be exercised for budget laws, tax laws and laws approving regional plans and programmes.

Other Formal Requirements:

Any proposed law that amounts to new or higher expenses, or lower income, must indicate respectively the forms of financing or the means to deal with the lower income.

Procedural Elements

Collection Mode:
Specify Collection Mode:
Interaction With Authorities:
Supervision And Support:
Transparency And Finance:

Practice

Archive:
Remarks:

To call a plebiscite tfor the partial or total repeal of a law