Veneto, Italy, regional Popular or citizen-initiated referendum [PCR] - Referendum abrogativo

General Typology

Instrument
Popular or citizen-initiated referendum [PCR]
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:
a) forty thousand voters;
(..)
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:
Citizens
Decision maker:
Regional electorate

Requirements

Number Of Signatures:
40 000 (Statuto) (30000 law!)
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

Collection Mode:
free
Specify Collection Mode:

Art. 12
The collection and authentication of the thirty thousand signatures necessary for the request for referendum is carried out, in the manner provided for in Article 4 above, on special printed forms dated and stamped by the President of the Regional Government or his delegate. In the forms must be reported, in addition to the details of the Official Presenter and his substitutes - to whom the provisions of the second paragraph of art. 4 applies - the date, number, and title of the law or administrative act of which it is proposed to repeal, supplemented by the formula: "We want it abrogated."
In the case of a partial repeal, the article or articles on which the referendum is requested must be included in the formula referred to in the previous paragraph. In the case of the repeal of part of articles of law, the text of the provisions proposed for repeal must also be transcribed in full. 

Art. 13
The deposit of the collected signatures is made by the Official Presenter of the proposal or, in case of impediment, by his substitute, at the competent structure of the Regional Council, within six months from the endorsement of the forms and in any case no later than March 31 of each year.
(2) Certificates, including collective certificates of registration of the subscribers in the electoral rolls, must be presented in support. The provision set out in the second paragraph of Article 5 applies in this regard. A copy of the minutes of filing, drawn up by the manager responsible for the competent regional structure, shall be sent by the same manager to the President of the Regional Government.

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.

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.