Qualified Law Ranked # 1 May 29, 2013 - Referendum Del And Dell

Original Language Title: Legge Qualificata 29 Maggio 2013 N.1 - Del Referendum E Dell

Read the untranslated law here: http://www.consigliograndeegenerale.sm/on-line/home/archivio-leggi-decreti-e-regolamenti/scheda17132261.html

SAN MARINO We the Captains Regent of the Most Serene Republic of San Marino Having regard to Article 4 of the Constitutional Law no.185 / 2005 and Article 6 of Qualified Law n.186 / 2005; Promulgate and publish the following Qualified Law approved by the Great and General Council at its meeting on 23 May 2013 with 38 votes in favor, 9 against and 8 abstentions: LAW QUALIFIED May 29 2013 Ranked # 1 THE REFERENDUM AND POPULAR LEGISLATIVE INITIATIVE Art . 1 (Purpose of the law) 1. this qualified law regulates the direct exercise of sovereignty by the people, implemented through the instruments of the referendum and of popular legislative initiative provided for in Article 2 of the Declaration of citizens' rights and principles San Marino fundamental order of Law No 8 July 1974. 59, as amended (the "Declaration of Rights"). 2. The referendum is expected in the referendum form, purposeful or address, and confirmatory. TITLE I THE REFERENDUM Art. 2 (Types of referendum) 1. E 'announced the recall referendum if they want to repeal all or part of laws, acts and regulations, including customary, however, having the force of law. 2. With the referendum purposeful or address the electorate is called to determine the principles and criteria governing the rules of law to be introduced law, principles and criteria which the Great and General Council will follow in regulating by law the matter the referendum question. 3. If the entry into force of a law is subject to the popular support, it gives rise to the referendum. CHAPTER I THE Referendum Art. 3 (the popular initiative referendum Eligibility) 1. The referendum is allowed: a) provided that it has concerned the removal of organs, organisms and fundamental powers of the State in the Declaration of Rights and provided did not object to the suppression of fundamental rights and principles of the San Marino; It is also ruled out the recall referendum on laws or acts having the force of law with specific content relating to taxes, duties and taxes, budget, amnesty and pardon, and ratification of international conventions and treaties; b) provided that the referendum request contains the exact, clear and unambiguous wording of the proposal to be submitted to a referendum in order to allow a full, conscious and free exercise of sovereignty. Art. 4 (Electoral Body and counting of votes) 1. Participating in the recall referendum citizens registered to vote. 2. The proposal subjected to referendum is approved if it obtains a majority of votes validly cast, and in any case not less than 25% (venticinquepercento) of registered voters on the electoral roll. 3. Directors shall mean the votes validly cast the votes for and against the referendum proposal. Art. 5 (conditions of admissibility of the recall referendum of popular initiative. Organizing Committee) 1. The recall referendum of popular initiative, under penalty of inadmissibility, must be requested by written application submitted to the Regency at least sixty citizens voters, filed by the legal representative the organizing committee referred to in paragraph 4 below, at the Office Secretariat of the Institutional Department Institutional Affairs and Justice, which shall issue certified copy with the stamping indicating the deposit and the date: the whole is drafted and. 2. The request drafted on stamped paper, again under penalty of inadmissibility, must contain the full name of the signatory, the signature thereof duly authenticated by a notary or by the officer of the Civil State or the Clerk of the Court and the indication of the electoral list enrollment. 3. E 'also a condition of admissibility of filing an explanatory report together with the referendum question. 4. Since the filing of the presenters citizens are recognized for all legal purposes in the organizing committee: the application must also be indicated which of the presenters of the same is the legal representative of the committee also for the purpose of any communications and notifications. Art. 6 (Eligibility and admissibility of the referendum promoted by the Township Councils) 1. The referendum can be requested by at least five Township Councils and is permitted if each applicant council has resolved to do so with its decision. 2. The referendum required to be filed in the manner prescribed in Article 5, shall be accompanied, under penalty of inadmissibility, authentic extract of the minutes of the meetings of the Juntas and must
be signed by two delegates from each of the Juntas promoters that make up the promoter of the referendum committee: Any communications and notifications are validly made to the Captains of Castle Juntas promoters. It 'also required to admissibility condition, the deposit, together with the referendum request, an explanatory memorandum. Art. 7 (Advertising of the referendum question or request) 1. The filing of the application or of the referendum request, and the full text of the referendum proposal submitted by the person referred to in Articles 5 and 6 is given by the Secretariat immediate Institutional communication the Regency; the proposal is also publicized by posting, by the Home Secretary, register of the Public Palace. The notice shall also be forwarded to the Clerk of the Court and to the Captains of the Castle because they take care about their posting in the respective registers. Art. 8 (contrary to the Constitution Committee) 1. Any contrary Committee shall constitute a written instrument submitted to the Regency at least fifteen citizens voters, filed with the Office of Institutional Secretary of the Department of Institutional Affairs and Justice, which shall issue certified copy with the stamping indicating the deposit and the date: the whole is drafted and. 2. The act, drafted on stamped paper must contain the full name of the signatory, the signature thereof duly authenticated by a notary or by the officer of the Civil State or the Clerk of the Court and the indication of the electoral list enrollment. The act must also be indicated which of the signatories of the same is the legal representative of the Committee also opposed to any communications and notifications. 3. The Committee may otherwise constitute the date of publication of the application or of the referendum request in Article 7, up to five days before the opening of the campaign referred to in Article 15. Art. 9 (Convocation of the College Guarantor the Constitutionality of rules) 1. the Regency, received the communication referred to in Article 7, send it to the Guarantors of the Constitutionality of the rules (the "Guarantors"). The President of the College Guarantor shall convene the College itself within a maximum of twenty days from the date of the communication, the purpose of ruling on the admissibility of the referendum question in accordance with Article 10. Art. 10 (of admissibility) 1. It is for the Guarantors rule on the admissibility of the question referendum of popular initiative. The referendum is permitted if the formalities referred to in Article 5 and if the conditions laid down in Article 3, a) and b) have been met. 2. The Guarantors, verified the fulfillment of Article 5, as well as full compliance with the requirements of Article 3, a) and b), states admitted the referendum. 3. From the judgment of the referendum eligibility excludes any assessment that adhere to the rulebook resulting upon a possible acceptance of the referendum proposal and the consequent repeal of the law or the rule of law subject to referendum. 4. Decisions referred to in this Article shall be adopted by a majority of the members and are irrevocable except for the decision which relates to the verification of compliance related to the regularity of the minimum number of citizens' signatures voters referred to in Article 5 and inscriptions of the signatories on the electoral roll for which it is allowed to appeal to the same auditors within a period of ten days from the decision of the College Guarantor. 5. The Guarantors must deliver judgment within twenty days from the date of convocation and, before declaring any inadmissible, may request clarifications and additions to the organizing committee of the relationship of the proposal, setting a short deadline for responding. 6. The decision of the College Guarantor shall be communicated to the Regency, which, in the case of judgment with negative results, by decree, takes notice and shall give public notice. 7. Declared instead admitted the referendum by the Guarantors, the Regency shall give formal notice to the organizing committee for the start of the collection of signatures referred to in Article 12. Art. 11 (Right to attend) 1. The Guarantors shall decide public hearing oral arguments in shape with right of representation even through under the applicable laws lawyers concerning representation and defense of the organizing committee and of any contrary Committee, which must notify the Chairman of the Board their willingness to intervene at least the day before the date set for
the hearing. Art. 12 (Collection of signatures) 1. With the exception of the referendum proposed by the Township Councils, the referendum can be held permissible provided it is signed, after the judgment referred to in Article 10, by a number of voters representing at least l '1.5% (unovirgolacinquepercento) of the electorate which is the last and final annual review of electoral lists carried out in accordance with applicable election law. 2. The organizing committee must provide, within a period of ninety days from the date of receipt of the notification referred to in Article 10, paragraph 7, the collection of authenticated signatures of citizens voters in the percentage referred to in paragraph 1. 3. For the purpose of collection of signatures, the promoter of the referendum Committee shall establish appropriate typewritten or printed forms on which is reproduced the proposal to be submitted to a referendum. Of each signatory must show: full name, date and place of birth, residence, citizenship of San Marino, ISS code and details of a valid identification document. 4. For the declaration of authenticity referred to in paragraph 2, the Registrar of the Registrar of the Tribunal, the Notary ad acta of the State Attorney, Office of the Secretariat Institutional Manager, Office of the Executive Secretariat Manager of the State Congress, they are required to get the signatures of voters on special forms at the same deposited and countersigned by the legal representative of the organizing committee, who may also indicate Notary of their choice. As part of its Castle can also collect signatures and declare the authenticity of the Captains of the Castle, or member of the Board by the Chief Executive. Art. 13 (Deposit of signatures) 1. The sheets containing the signatures referred to in Article 12, collected under penalty of inadmissibility in the manner and within the period stated therein, must be filed by the legal representative of the organizing committee, at the Office Institutional Secretariat will immediately transmit it to the Guarantors who, within fifteen days after the deposit, checking the number of signatories, the possession of the requirements of this law to the signatories themselves and their voter registration. 2. Certificates of registration of the signatories on the electoral roll will be transmitted to the Office Institutional Secretariat, the Guarantors, by the Civil Status - Demographic and Electoral Services. 3. The Guarantors shall draw up, within the aforementioned term, the minutes in which certifies the regularity of the signatures collected for the purposes of the referendum; then it transmits the report immediately to the Regency for the measures of competence. If the legal requirements are not met, the Regency by decree does not allow the referendum; whether the procedures have been regularly declared, by decree of the Regency definitely he admits the referendum and shall fix the date for its implementation between the sixtieth and ninetieth day after the date of the decree. 4. Against the decision of the College Guarantor may be challenged at the same College in the manner and within the timeframe provided in Article 10, paragraph 4. Art. 14 (Impediments to referendum) 1. Over the course of twelve months can not keep more than one session dedicated to the performance of one or more referendums. 2. In the same round are clustered further referendum whose applications are presented in useful terms. 3. The referendum can not take place within the six months prior or subsequent to the election for the nomination and election of at least five captains of the castle and their Councils and in any case no earlier than six months from the performance of the aforementioned consultations. 4. The Regency fixes the referendum in cases governed by the preceding paragraph by issuing the decree on the expiry of the period mentioned. 5. The early termination of the Great and General Council, or the need to proceed with the early election of at least five captains of the castle and their Councils resulting in termination of the procedures of the referendum already held. The suspension shall be declared by Regency Decree; also with Regency Decree will be willing to reopen the proceedings suspended under the terms provided for in paragraph 3 of this Article. Art. 15 (referendum campaign) 1. Prior to the holding of the referendum the referendum campaign is open, the length of which is fixed in a fortnight. 2. They are admitted to the referendum campaign committee promoting the referendum, any committee opposed the political forces present in the Great and General Council and the political forces that have submitted lists in the last election for the renewal of the Great and General Council.
3. The referendum propaganda is governed by the rules, as applicable, of the law 14 March 1997 n. 36, as amended, taking into account the amendments set out below: a) the use of billboards are reserved to the organizing committee, as opposed to the Committee and referred to in the preceding paragraph political forces; there is an additional space for citizens' billboards, associations, social forces that want to use them; b) the conduct of the rallies is reserved for the organizing committee, to the contrary, and to set out in paragraph 2 political forces; They may request to carry out rallies also individual citizens, associations and social forces. Art. 16 (Voting) 1. Voting in the referendum take place via the Status tab, having the characteristics indicated in the model adopted by Regency Decree, which is reproduced in a clear and integral way the proposal subjected to a referendum followed by the words yes - no clearly differentiated. 2. In the event of a referendum held simultaneously more tabs for each question will be different. 3. The polling stations are made according to specifications required by current election law, subject to the right of representation in the committees and other organizations referred to in Article 15. 4. With a special law are introduced, for the referendums, the rules governing the exercise of voting rights with information systems from exceeding the paper ballot and the adoption of computer support for the calculation of the influx voters voters; all in full compliance with the fundamental principles of secrecy, universality, uniqueness of the vote and direct expression of the voter's will. Art. 17 (Acceptance of the referendum proposal) 1. Concluded the voting and counting, published the result of the referendum, the Regency, by decree to be issued within three days from the time of the meeting, was held, in the case approval of the proposed repeal, to declare the law repealed, the act or standard also customary, however, having the force of law or any part thereof, with effect from the time of publication of the decree. 2. The proposed referendum is not approved by the electorate can not be applied until after five years from the previous year. Art. 18 (Referendum proposed by the Township Councils) 1. If the recall referendum is required by the Township Councils, the Guarantors only ensures respect of the obligations referred to in Article 6 and that the requirements referred to in Article 3, paragraph 1 a) and b). 2. To recall referendum promoted by the Township Councils shall apply, mutatis mutandis, the rules contained in this Chapter. Art. 19 (Interruption of the referendum procedure) 1. Where the law, the act or standard also customary, however, having the force of law, or any part thereof, for which the referendum, are repealed or amended was requested by Great and General Council before the holding of the referendum, in order to fit in substance and completely the requirements of the organizing committee, the procedures for the referendum are interrupted. 2. The procedure is interrupted even if the organizing committee with a solemn declaration and the authenticated signature of all the members of the organizing committee, talk to the Regency special interrupt request and this request agreed by absolute majority the Great and General Council to which the request itself It must be submitted during the first meeting. 3. In the case referred to in paragraph 1, the abort statement shall be declared by decree of the Regency with relevant resolution of the College Guarantor, being summoned. The Board may convene for this purpose the promoter of the referendum committee, any contrary committee and - notwithstanding the presence in the case referred to in paragraph 2 - a delegation of the Council Great and General. CHAPTER II THE REFERENDUM purposeful OR ADDRESS Art. 20 (Eligibility and admissibility of purposeful referendum or address) 1. The referendum purposeful or address is permissible in the manner and for the purposes set forth in Article 2, paragraph 2, for the same subjects for which it is acceptable to referendum; can be as long as is required by a number of sixty voters constituted the organizing committee in accordance with Article 5. 2. In addition, the purposeful referendum is permitted provided that it has limitations to the subject of the exercise of voting rights, the right to work and the free movement and establishment of persons and in general violation or restriction of human rights.
3. It 'still unacceptable referendum purposeful or address when the principles and criteria on which it is called upon to decide the electoral body can lead to the introduction of rules which contravene the general principles of the San Marino contained in the Declaration of Rights . 4. It 'also required for eligibility of purposeful referendum or address that the referendum question clearly express and unambiguous form the principles and guiding criteria on which it is called upon to decide the electoral body and to which the regulatory rules must comply . 5. The Guarantors, when the payment of the submission of the application formalities provided for in Article 5, shall determine the eligibility of the request for a referendum purposeful or address in accordance with the requirements of this Article. Art. 21 (Rules applicable to the proactive referendum or address. Postponement) 1. Apply to proactive referendum or address all the provisions prescribed for the recall referendum of popular initiative contained in Chapter I and in particular apply in the case eligibility, the rules laid down in articles 12, 13, 15 and 16. 2. One or more referendums proactive or address may be held in the same time of the meeting of one or more referendums. 3. They apply the provisions contained in Article 14. Art. 22 (Electoral Body and counting of votes) 1. Participating in the purposeful referendum or address citizens registered to vote. 2. The proposal submitted to referendum or purposeful address is approved if it obtains a majority of votes validly cast, and in any case not less than 25% (venticinquepercento) of registered voters on the electoral roll. 3. Directors shall mean the votes validly cast the votes for and against the proposal. Art. 23 (Implementation of the referendum will) 1. Concluded the voting and counting, Public Regency by decree the referendum result; in case of approval of the proposal, the Regency opens the six-month period within which the State Congress is required to prepare a draft law to regulate, according to the guiding principles and criteria approved by the electorate, the matter is It was the subject of a referendum. 2. The Regency, received the draft law referred to in the preceding paragraph, it shall forward to the Guarantors that is expressed on the compatibility of the bill with the approved question, and suggests to the State Congress any amendments to be made to measure itself . The Regency, received the communication of the College Guarantor, communicate it to the Congress of State to which it is assigned a period of thirty days for the regularization of uniformandolo project reports received by the College. 3. The State Congress, the amendments made, settles the bill to the Office of the Great and General Council Presidency that puts it on the agenda of the first meeting. 4. E 'task of the Regency ensure the proper conduct of the procedure laid down in the preceding paragraphs. Art. 24 (Interruption of the referendum procedure) 1. Where the Great and General Council, following the expected declaration of admissibility in Article 20 and before the holding of the referendum or purposeful guidance, passes a law that welcomes in substance and fully the principles and the guiding criteria required by the organizing committee, and the Guarantors convened for such a judgment finds him, the Regency declared by decree consistent with the relevant decision of the College Guarantor, the interruption of procedures for the referendum. 2. In the cases referred to the upper paragraph the provisions of Article 19. CHAPTER III THE REFERENDUM CONFIRMS Art. 25 (Eligibility and admissibility of the popular initiative referendum) 1. The referendum of popular initiative is only allowed for the laws regarding organs, organisms and fundamental powers of the State referred to in the Declaration. 2. The referendum procedure has been established by written request submitted to the Regency and filed with the Office Institutional Secretary before the entry into force of the law for at least ten voters made in promoter of the referendum committee. 3. The referendum request suspends the effectiveness of the law for which it takes place. 4. For the formalities relating to the filing of the request, the provisions of Article 5. 5. The Regency shall immediately forward the request for referendum to the Guarantors. 6. Within twenty days of the filing of the request referred to in paragraph 2, the College Guarantor
ruling on the admissibility of the request in relation to the matter permitted. In the subsequent ninety days, in the event of a favorable ruling of the College Guarantor, the collection of signatures is permitted in the manner and to the extent provided for in Article 12. The verification of the validity of the signatures and the transmission of documents to the Regency is done with the same methods provided for in Article 13. Art. 26 (Board of confirmatory referendum initiative) 1. The referendum may be expressly required by law for each specific provision of the same law to be submitted to a referendum approved by at least thirty-one Councillors; It is allowed for each subject, with the exception of laws on tax, financial, amnesty and pardon. 2. shall not be held to the judgment of eligibility by the Guarantors or to the collection of signatures referred to in Article 12. Art. 27 (Convocation of the referendum) 1. The Regency, in case of eligibility ruling by the Guarantors of the referendum of popular initiative or in case of referendum set by individual laws or council initiative, fixed by decree of the date for the referendum to be held on a Sunday between the sixtieth day and the ninetieth day after the date the decree of convocation of the referendum itself. 2. It also has applications for the confirmatory referendum as provided for in terms of impediments in Article 14. 3. The referendum campaign and how to conduct the vote are the same as for the referendum and purposeful or address. Art. 28 (the electoral body, counting of votes, the referendum effects) 1. Participating in the confirmatory referendum citizens registered to vote. 2. The proposal subjected to referendum is approved if it obtains a majority of votes validly cast, and in any case not less than 25% (venticinquepercento) of registered voters on the electoral roll. 3. Directors shall mean the votes validly cast the votes for and against the proposal. 4. The Regency, took note of the final results of the referendum, by decree declares effective the law submitted to referendum in the event of a favorable outcome to its entry into force; instead declare the disqualification of the law in case of result contrary to its entry into force. TITLE II THE LEGISLATIVE INITIATIVE POPULAR Art. 29 (Presentation of the popular legislative initiative bill) 1. At the electorate is granted the right to submit to the Great and General Council, and through it to the Regency, bills drawn up in articles and accompanied by explanatory report and indicating the spending coverage where the legal projects themselves indicate such a need. 2. The proposal was filed with the Secretariat Institutional rapporteur expressly indicated by the subscribers. 3. Each project must be signed by at least sixty signatures of voters. The rapporteur guarantor to all legal effects of the authenticity of the signatures. Art. 30 (Procedure) 1. For the popular initiative bills is assured the same procedure provided for in the Council Chamber Discussion Rules for the proposals of the council initiative law. 2. Proposals for popular law are inserted from the regency, heard the Bureau, on the Great and General Council's agenda, for their consideration at second reading, within one hundred eighty days from their submission. 3. The rapporteur appointed by the presenters are invited to participate with the right to speak to the stage of examination of the proposal in the relevant Permanent Council Commissions. Should the proposal be examined directly by the Council, the rapporteur should be invited to attend the board meeting discussing the project on second reading. TITLE III PROVISIONS COMMON, TRANSITIONAL AND FINAL PROVISIONS Art.31 (Borrowing Costs) 1. Financial expenses for the referendum shall be borne by the State. 2. The organizing committee and the other committee are entitled to receive each, in case of admission of the referendum, a contribution to propaganda documented expenses, in any case for an amount not exceeding Euro 5000,00 (cinquemilaeuro) for each committee. Art.32 (Transitional provisions) 1. For the referendum, the questions have been submitted before the entry into force of this Act, the rules contained in Law 101 of November 28, 1994, as amended. Art. 33 (Repeals and Entry into force) 1. The provisions contrary to the present law and specifically and are hereby repealed
repealed the law 28 November 1994 n. 101, as amended and Article 16 of the Qualified Law August 5, 2008 # 1, except as provided in Article 32. 2. This Act comes into force on the fifteenth day following that of its legal publication. Our Residence, this day of 29 May 2013/1712 THE CAPTAINS REGENT Antonella Mularoni - Denis Friends THE SECRETARY OF STATE FOR BUSINESS INT Gian Carlo Venturini