II. Types of the national referendum

National referendums may be compulsorily ordered or based on consideration, depending on how they are ordered:

Referendum based on consideration: The Parliament can decide to order a national referendum upon the initiation of 100,000 electors, the president, the Government or one third of the parliamentary representatives. (Article (4) §28/C.of Constitution)

Compulsorily ordered referendum: The Parliament is obligated to order a referendum if it is initiated by at least 200,000 electors. (Article (2) §28/C.of Constitution)

By binding force, the national referendum can be decisive or opinion assessing:

Decisive referendum: the results of the referendum are binding for the Parliament; therefore decisions against the results of the referendum can not be made.

Opinion assessing referendum: this ensures the participation of the citizens in the decision making process of the Parliament, but it does not oblige the Parliament to make decisions of defined content.

The referendum that is compulsorily ordered and the one ordered with respect to laws that were approved by the Parliament, but not yet signed by the President are decisive. (Article (3) §28/C.of Constitution; Article (3) and (4) of § 8 Nsztv)In the case of referendums that are meant to assess the opinion of the electors, it is the decision of the Parliament whether the result of the referendum is decisive or opinion assessing. (Article (3) of § 8 Nsztv)

The citizen with voting rights who initiates a referendum can not decide whether the referendum initiated is decisive or opinion assessing, since this is up to the number of supporting signatures collected, which can only be determined after the signature collection.


 

Last modify: 2009.04.15.