National Election Office

Act III of 1998 on National Referendums and Popular Initiatives

Act III of 1998

on National Referendums and Popular Initiatives

It is a basic constitutional principal that the people shall be the owner of power. The people exercise its power within the frames of the Constitution, primarily through its elected representatives. It is part of democratic exercise of power that the people shall be able to take part in deciding the most important matters related to the country’s fate, and influencing or changing representatives’ decisions directly, through voting.

With regard to these principle foundations, the Parliament shall make the following law:

General provisions

§ 1

§ 2 The specimen of the signature-collecting sheets shall be submitted, prior to the commencement of collecting signatures, to the National Election Committee for attestation.

§ 3 (1) To support citizens’ initiative aimed at calling a referendum, or popular initiative, signatures may be collected on signature-collecting sheets identical with the attested specimen.

(2) Signatures shall not be collected on the day and within a 41-day period preceding and following the day of the elections of Members of Parliament, and the representatives and mayors of local governments.

§ 4 (1) The National Election Committee shall arrange to check the signatures of the citizens’ initiative aimed at calling the referendum, or the popular initiative.

(2) In the event of failure to comply with the term defined with regard to submitting the initiative in Section § 28/E of the Constitution, the National Election Committee shall not check the signatures.

(3) With regard to failure to comply with the term referred to in paragraph (2), or the result of checking the signatures, the Chairman of the National Election Committee shall immediately inform the Speaker of the Parliament.

§ 5 If the citizens’ initiative aimed at calling the referendum or the popular initiative has been submitted with delay, or as a result of checking the signatures the National Election Committee has ascertained that the number of valid signatures does not reach the number determined in the Constitution, the Speaker of the Parliament shall on the next session day following receipt of the information pursuant to paragraph (3) Section 4 announce that the initiative has not complied with statutory requirements.

§ 6 The Speaker of the Parliament shall announce the initiative complying with the conditions enshrined in law on the next session day following the receipt of the information pursuant to paragraph (3) Section 4, or paragraph (2) Section 9.

§ 7 (1) The Parliament is obliged to put the initiative on the agenda and discuss it.

(2) When calculating the term defined in paragraph (1) Section 14 and Section 20, the intermission between sessions and the length of postponement shall be neglected.

Referendum

§ 8 (1) The decision made with a conclusive binding referendum to decide the case shall be binding upon the Parliament for three years from conducting the referendum, or, if the referendum gives rise to obligation to make law, from the enactment of such law.

(2) A non-binding referendum voicing the voters’ opinion ensures citizens assistance in making the Parliament’s decision, but shall not bind the Parliament to make a decision with a defined content.

(3) An obligatory referendum shall be only a binding referendum to decide the case, a referendum ordered on the grounds of deliberation (hereinafter referred to as facultative referendum) may be, subject to the Parliament’s decision, either binding to decide the case or non-binding voicing the voters’ opinion with the restraint set forth in paragraph (4).

(4) The referendum ordered with regard to a law already enacted by the Parliament but not yet signed by the President of the Republic shall be binding.

§ 9 (1) The initiative aimed at ordering a facultative referendum may be submitted by the President of the Republic, the Government, or one third of the Members of the Parliament to the Chairman of the National Election Committee.

(2) The National Election Committee shall examine compliance with the requirements enshrined in the Constitution, and set forth in points a)-c) Section § 10, and shall on the grounds thereof decide the attestation of the particular question. The Chairman of the National Election Committee shall immediately inform the Speaker of the Parliament with regard to the result of the attestation.

(3) If the National Election Committee has not attested the question, the Speaker of the Parliament shall on the next session day following receipt of the information pursuant to paragraph (2) announce that the initiative has not complied with statutory requirements.

§ 10 TheNational Election Committee shall refuse to attest the signature-collecting sheet if

a) the question does not fall within the competence of the Parliament,

b) no national referendum may be held regarding the question,

c) the wording of the question does not comply with the requirements set forth in law,

d) a conclusive national referendum has been held on a question with same content within three years,

e) the signature-collecting sheet does not comply with the requirements stipulated in the Act on Electoral Procedure.

§ 11 The citizens’ initiative aimed at calling the referendum may be submitted, except for the discontinuance of collecting signatures pursuant to Section § 118/A of Act C of 1997 on Electoral Procedure (hereinafter referred to as Procedural Act), in four months following the attestation of the signature-collecting sheet on one occasion to the Chairman of the National Election Committee. The signatures submitted additionally, supplementing the initiative, shall be invalid.

§ 12 Once theNational Election Committee has attested the signature-collecting sheet, or the question, neither another specimen of the signature-collecting sheets regarding a question with the same content (Section § 2), nor a new initiative aimed at ordering the referendum (Section § 9) may be submitted.

a) until the referendum is completed, or

b) until the initiative is refused, or

c) until the term available for submitting the signature-collecting sheets elapses without any result.

§ 13 (1) The specific question raised in the referendum shall be worded in such fashion that it can be answered unambiguously.

(2) The specific question put to the referendum shall be worded in the form set out in the initiative.

§ 14 (1) The initiative aimed at ordering the referendum shall be decided after the announcement pursuant to Section § 6

a) in 15 days in the event of obligatory referendums,

b) in 30 days in the event of facultative referendums.

(2) The Parliament’s resolution on ordering the referendum shall contain whether the referendum is binding or non-binding, the specific question put to the referendum, and shall provide for the budget of the referendum.

(3) The Speaker of the Parliament shall in three days inform the President of the Republic on ordering the referendum.

§ 15 - § 16

Popular initiative

§ 17 The popular initiative shall accurately and unambiguously contain the question proposed to be discussed.

§ 18 The National Election Committee will refuse to attest the signature-collecting sheet if

a) the question does not fall within the competence of the Parliament,

b) the wording of the question does not comply with the requirements enshrined in law,

c) the signature-collecting sheet does not comply with the requirements stipulated in the Act on Electoral Procedure.

§ 19 The popular initiative may be submitted, except for the discontinuance of collecting signatures pursuant to Section § 118/A of the Procedural Law, in two months after the attestation of the signature-collecting sheet on one occasion to the Chairman of the National Election Committee. The signatures submitted additionally, supplementing the initiative, shall be invalid.

§ 20 The popular initiative shall be decided in three months after the announcement pursuant to Section § 6.

Closing provisions

§ 21 (1) This Act shall come into force on the day it is promulgated.

(2)

§ 22 - § 23

Last modify: 2009.04.14.