Veneto, Italy, regional Plebiscite [ATP] - Referendum consultivo

General Typology

Instrument
Plebiscite [ATP]
Location
Veneto, Italy
Political level
regional
Local Name:
Referendum consultivo
Normative Level:
statutory
Legally Binding:
no
Legally Defined:

Art. 27 - Consultative referendum.
1. The Regional Council may decide to hold consultative referendums of the populations concerned on measures or proposals for measures falling within the competence of the Council, when requested by the Regional Council or citizens or local authorities, in accordance with regional law.
2. If a majority of those entitled to vote has taken part in the vote, the Council shall examine the matter within ninety days of the announcement of the results and give reasons for any decisions taken in divergence.
3. A consultative referendum shall not be permitted in the cases provided for in Article 26(4) and (5).
4. Draft laws on the establishment of new communes and changes in local districts or municipal denominations shall be subject to a consultative referendum of the populations concerned, as provided for by law.

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

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.

Art. 26
For carrying out the operations relating to the referendum referred to in Articles 24 and 25, the rules set out in Articles 15, paragraphs 2 bis, 2 ter, 2 quater, 17, 18, 19, 20, of this law shall apply. The holding of the referendum and its results must be explicitly mentioned in the legislative or administrative measure that the Regional Council or the Government will adopt on the matter.

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. 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.

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 call a pleabiscite on a measure or proposal on a measure within the competence of the regional Parliament.

Actors

Author:
Holders of legislative initiative
Initiator:
Parliament
Decision maker:
Electorate concerned

Requirements

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

3. A consultative referendum shall not be permitted in the cases provided for in Article 26(4) and (5)

Art. 26
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:
Interaction With Authorities:
Supervision And Support:
Transparency And Finance:

Practice

Archive:
Remarks:

The English version here is a courtesy translation only.