A referendum is a public vote by which voters decide on a set question/s. Referendums are one of the most direct forms of democracy and may, therefore, reflect civic participation to a relatively greater degree than less direct forms.
It is standard for the law to prescribe a set of classes of legislative action, such as constitutional amendments, which must always be referred to a popular vote. Another of the most common ways in which a referendum can be triggered is by an initiative, through which a set number of voters petition to invoke a popular vote to decide on a proposed law or an amendment to a constitution. Such initiative may be either direct, meaning that a legislative proposal is submitted directly to a popular vote, or indirect, meaning that the proposal is first submitted to the legislature.
In accordance with the Constitution, a referendum must be held:
- if one tenth of eligible voters request the dissolution of parliament
- if the President has requested the dissolution of parliament
- if the President has suspended the proclamation of a law himself/herself or pursuant to a request of at least one third of the members of parliament
- if parliament has amended the core articles of the Constitution
- to decide on a legislative proposal put forward by one tenth of eligible voters, if it has been rejected by parliament
The budget and laws concerning loans, taxes, customs duties, railroad tariffs, military conscription, the declaration or commencement of war, peace treaties, the declaration of a state of emergency and its termination, mobilisation and demobilisation, as well as agreements with other nations, may not be decided by a referendum. The law does not foresee the possibility of holding local (municipal) referendums.
What human rights violation may there be?
If you are either directly or indirectly being prevented from voting, including if your need to vote at home, at a hospice, or a place of imprisonment is not being accommodated in accordance with the law, or if the referendums themselves are not fair, your right to vote and more generally your right to free elections may have been violated.