Veneto, Italy, regional Authorities minority veto-plebiscite [MVP] - Referendum abrogativo

General Typology

Instrument
Authorities minority veto-plebiscite [MVP]
Location
Veneto, Italy
Political level
regional
Local Name:
Referendum abrogativo
Normative Level:
statutory
Legally Binding:
yes
Legally Defined:

CHAPTER IV - Referendum
Art. 25 - Referendum.
1. The regional law governs the limits of admissibility, the procedure, the modalities of implementation and the effects of the referendum. The judgement on the admissibility and admissibility of requests for referenda is the responsibility of the Statutory Guarantee Commission.
2. The regional law provides for the guarantee of information on referendums held by ensuring adequate communication to those for and against the referendum question. 

Art. 26 - Repealing referendum.
1. The President of the Region shall hold a referendum to repeal, in whole or in part, a law or regulation or an administrative act of general interest when they so request:
(b) no fewer than twenty municipal councils representing at least one tenth of the regional population;
(c) not less than three provincial councils.
2. Citizens registered on the electoral rolls of the municipalities of the Region shall take part in the referendum.
3. A proposal subject to a referendum shall be approved if a majority of those entitled to vote has been reached and a majority of the votes validly cast.
4. A referendum on repeal shall not be admissible:
(a) tax and budgetary laws and their implementing measures;
(b) regional laws and regional acts whose content constitutes fulfilment of constitutional, international and European obligations;
(c) regional laws and administrative acts governing bodies with statutory relevance;
(d) laws and regulations concerning agreements or arrangements of an international character or with other regions;
(e) the Rules of Procedure.
5. In any case, requests for referendums with non-homogeneous questions are inadmissible.
6. If a referendum has a negative result, the same request may not be made until five years after the date on which the result is announced.

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

Title II
Repealing referendum
Art. 11
Voters who intend to promote a referendum proposal for the total or partial repeal of a law or a regional administrative measure must notify the President of the Government in writing, who shall inform the President of the Council.
The communication, supplemented by a report explaining the reasons justifying the proposal, must contain the date, number, and title of the law or administrative measure of a regulatory or general nature and, in the case of partial repeal, an indication of the articles whose repeal is proposed, as well as the details of the Official Presenter and his or her substitutes, in accordance with the first paragraph of Article 4 above. The regulatory provisions and the administrative statutes proposed for repeal must also be fully transcribed.

Art. 14
1. The examination of the rituality of the procedure and the regularity of the documentation is carried out by a Regional Commission for the referendum appointed by decree of the President of the Regional Government and composed of three experts in the legal disciplines indicated by the President of the Court of Appeal of Venice and chosen from among them:
(a) university professors;
(b) lawyers registered in the special register for higher jurisdictions;
(c) former members of the Constitutional Court.
2. The Regional Referendum Commission is based at the Regional Council.
3. The presence of a majority of the members is required for the operations of the Regional Referendum Commission to be valid.
4. The decision of the Regional Referendum Commission shall be immediately communicated to the President of the Regional Council and the President of the Regional Government, who shall inform the Official Presenter within 10 days.

Art. 15
1. Where the decision of the Regional Referendum Commission has recognised the rituality of the individual referendum proposal and where it does not conflict with Article 46 of the Statute, the Regional Council shall decide on its admissibility by 30 June of the same year.
2. The deliberation of the Regional Council, published in the Official Bulletin of the Region, is immediately communicated to the President of the Regional Government who, with his own decree to be issued at least sixty days before the consultation, calls the referendum for a Sunday in October of the same year.
2a. On Sundays on which regional referenda are held, voting shall take place between 7 a.m. and 11 p.m.
2b. Voting shall begin immediately after the closure of the vote, shall continue without interruption and shall end without delay before 2 p.m. on Monday. If, for reasons of force majeure, the above operations cannot be completed by 2 p.m. on Monday, immediately afterwards the President of the seat shall take steps as provided for in Article 73 of Presidential Decree No 361 of 30 March 1957. "Approval of the consolidated text of the laws laying down rules for the election of the Chamber of Deputies" and subsequent amendments.
2c. On the occasion of the abrogative referendum consultations called by the Region, a fixed lump-sum fee equal to that provided for similar State consultations by Article 3 of Law No 62 of 16 April 2002 'Amendments and additions to the provisions of the law relating to the electoral procedure' shall be paid to the presidents and members of the section election offices.

 Art. 16
1. If, before the date on which the referendum is held, the law or administrative provision or individual provisions to which the referendum refers have been repealed, the President of the Regional Council, with the assent of the Regional Referendum Commission, shall declare, by his own decree, that the relevant operations have ceased.
2. In the event that the repeal is partial or takes place at the same time as a new regulation on the same subject, the President of the Regional Government, with the assent of the Regional Commission for the Referendum, shall declare by decree whether the popular consultation must also take place and which provisions are the subject of the referendum; if the new regulation has not modified either the guiding principles of the overall pre-existing regulation or the essential contents of the individual provisions, the referendum shall also be held on the new provisions, to be specifically indicated in the aforementioned decree.

Art. 18
The referendum ballot papers, consisting of paper of a unique type and identical colour for each proposal, are prepared by the Region with the characteristics resulting from the model reproduced in the attached tables and contain the question formulated in the referendum proposal literally transcribed in clear and legible characters. The voters are given as many different coloured ballots for voting as there are admitted referendum proposals. The voter votes by drawing a mark on the ballot with the pencil on the answer chosen by him or her or in any case in the rectangle that contains it.

Art. 21
If the outcome of the referendum is in favour of repealing the law or administrative provision or individual provisions thereof, the President of the Regional Government shall, within three days of receipt of the formal notice referred to in the previous article, by his or her own decree, declare the repeal. The decree is published immediately in the Official Bulletin of the Region. The repeal shall take effect on the day following that of publication. 

Art. 22
The resolution referred to in Article 15 cannot be adopted by the Regional Council during the six months preceding its expiry and the six months following the first meeting after its renewal. In the latter case, the Regional Council shall fulfil its duties by July 15 of the year immediately following the expiry of the period referred to in the previous paragraph. 

Art. 23
If a referendum has given a negative result, another request for a referendum to repeal the same measure or parts of it already subject to a referendum may not be proposed during the same legislature and in any case for a period of at least two years from the announcement of the results of the referendum. The repeal by referendum of a legislative or administrative measure shall preclude the reproduction in the same legislature and in any case within two years from the date of the decree of the President of the Regional Government another measure substantially, although not verbatim, similar to the one repealed.

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 repeal a regional law in total ort partly.

Actors

Author:
Parliament
Initiator:
20 Munic. Copuncils (1/10 of pop.) or 3 Provincial Councils
Decision maker:
Regional electorate

Requirements

Available Time:
6 months
Turnout Quorum:
50% of the electorate.
Approval Quorum:
Majority of valid votes.
Geographical Quorum:
None.
Excluded Issues:

4. A referendum on repeal shall not be admissible:
(a) tax and budgetary laws and their implementing measures;
(b) regional laws and regional acts whose content constitutes fulfilment of constitutional, international and European obligations;
(c) regional laws and administrative acts governing bodies with statutory relevance;
(d) laws and regulations concerning agreements or arrangements of an international character or with other regions;
(e) the Rules of Procedure.
5. In any case, requests for referendums with non-homogeneous questions are inadmissible.

Other Formal Requirements:

Procedural Elements

Wording Of Ballot Question:

Art. 18
The referendum ballot papers, consisting of paper of a unique type and identical colour for each proposal, are prepared by the Region with the characteristics resulting from the model reproduced in the attached tables and contain the question formulated in the referendum proposal literally transcribed in clear and legible characters.
The voters are given as many different coloured ballots for voting as there are admitted referendum proposals.
The voter votes by drawing a mark on the ballot with the pencil on the answer chosen by him or her or in any case in the rectangle that contains it.

Interaction With Authorities:
Supervision And Support:
Transparency And Finance:

Practice

Archive:
Remarks:

The English version here is a courtesy translation only.