New Standards In Matter Of Popular Legislative Initiative And Referendum

Original Language Title: Nuove Norme In Materia Di Referendum E Iniziativa Legislativa Popolare

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LAW November 28, 1994 101 (published November 30, 1994) NEW RULES ON REFERENDUM AND POPULAR INITIATIVE L EGISLATIVA We the Captains Regent of the Most Serene Republic of San Marino Promulgate and publish the following law approved by the Great and General Council at its meeting of 28 November 1994. Art. 1 Purpose of the law this law regulates the direct exercise of sovereignty by the people with the tools implemented in the Referendum and initiative legislativ. The referendum is expected in the form of repeal, purposeful or address, and confirmatory. TITLE I THE REFERENDUM Art. 2 Types of Referendum E 'announced the recall referendum if they want to repeal all or part of laws, acts, rules also customary, however, having the force of law. The Referendum purposeful or address takes place when the electorate is called to determine the principles and criteria that should be observed in regulating by law the subject matter of the referendum to be submitted for approval by the Great and General Council. If the entry into force of a law is subject to popular support, it gives rise to a confirmatory referendum. CHAPTER I The Referendum 5 Art. 3 Eligibility of popular initiative referendum The Referendum, provided the latter's re hiesta a number of voters representing at least 1.5% (unovirgolacinquepercento) of the electoral body as shown in its latest and final annual review of electoral lists carried out in accordance with articles 4 and 5 of Law 36 of December 23, 1958, or provided that they make a request at least five Township Councils, is permitted: a) provided that it has concerned the removal of organs , bodies and fundamental powers of the State in art. 3 of Law No 8 July 1974. 59 and the fundamental rights and principles of the San Marino. 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. 5 Art. 4 Electoral Body and counting of votes Participating in the recall referendum citizens registered to vote. The proposal subjected to recall referendum is approved if it obtains a majority of valid votes cast and in any case not less than 32% (trentaduepercento) of the votes of the electors registered to vote. It is based on the votes validly cast votes for or against the referendum proposal. 5 Art. 5 Terms of the referendum to abrogate the admissibility of citizens' initiative The recall referendum of popular initiative, under penalty of inadmissibility, it must be requested by written application submitted to the Regency at least three citizens voters, filed with the Secretariat of Institutional Institutional Business Department which shall issue certified copy with the stamping indicating the deposit and the date: the whole is drafted and. The request drafted on stamped paper, again under penalty, 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 . It 'also a condition of admissibility of filing an explanatory report together with the referendum question. Since the filing of the presenters citizens are recognized for all legal purposes in the Organizing Committee: the request must be yes other body indicated which of the presenters of the same is the legal representative of the Committee also to any communications and notifications. 5 Art. 6 Eligibility and admissibility of the recall referendum promoted by the Township Councils The recall referendum promoted by the Township Councils is permitted if each applicant council has resolved to do so with its decision. The referendum required to be filed in the manner prescribed in Article 5, shall be supported under penalty of inadmissibility from the extract of authentic v rbali of the sessions of the Juntas and must be signed by two delegates from each of the Juntas promoters that make up the Organizing Committee of the referendum: any communications and notifications are validly made to the Captains of Castle Juntas promoters. It 'also required a deposit of inadmissibility provided, together with the application
referendum, of an explanatory memorandum. 5 Art. 7 Advertising of the application or request a referendum of the filing of the application or request for recall referendum and the full text of the referendum proposal submitted by persons referred to in Articles 5 and 6 is given notice by the Home Secretary by notice board notice board of the Public Palace. The notice is sent to the Clerk of the Commissioner's Court and to the Captains of the Castle because they look after the posting of their respective Albi. 5 Art. 8 Collection of signatures Excluding the possibility of recall referendum promoted by the Township Councils, the day of the application referred to in Article 5 Storage, begins the period of 90 days to collect the signatures, duly authenticated, citizens voters in the percentage required by the first paragraph of Article 2, necessary for the conduct of R referendum. To this end, the promoter of the referendum Committee prepares special typewritten or printed forms on which is reproduced the proposal to be submitted to referendum. For the authenticity of the declaration referred to in the first paragraph, the Registrar State and Chancellor of the Commissioner's Court are required to get the signatures of voters on special forms at the same deposited and countersigned by the legal representative of the Organising Committee, which You can also indicate Notary of their choice. 5 Art. 9 Deposit of signatures The sheets containing the signatures of the first paragraph of Article 8 under penalty collected in the manner and within the period stated therein, have been deposited by at least three members of the Organizing Committee, at the Office Secretariat Institutional drawing up of this special report by beaming immediately copy the Regency. Certificates of registration of the signatories on the electoral roll will be transmitted to the Office Secretariat Institutional Office of Civil Status - Demographic and Electoral Services. 5 Art. 10 Convocation of the Judicial College on Referendum The Regency, received the communication of the deposit referred to in Article 9, by decree shall convene the meeting of the Judicial College on the referendum referred to in Article 11, which will be held in the term twenty days after deposit or stes. 5 Art. 11 Board of Judges on Referendum - Membership is up to the Board of Judges Referendum on the assessment of the conditions and requirements referred to in Article 3 as well as the compliance with the procedures and formalities referred to in Articles 5, 8 and 9. The Board of Judges it is composed of: -from the Judge of Appeal, for civil cases as chairman in his absence chairs the most 'senior magistrate in charge; -from the Judge of Appeal, for criminal cases more 'elder in charge; -from the Administrative Judge of Appeal; -by three members with experience in law, appointed by the Great and General Council at the beginning of the term and for the duration thereof. The Great and General Council with the appointment of three experts in the law referred to in the previous paragraph, also appoints as many alternate components with the same requirements of the owners. Are alternate members of the Judge of Appeal, Civil, the Judge of Appeal, Penalty and Administrative Judge of Appeal, respectively, the Judge for the action of the union, the Judge for the ascertainment of the facts and the action of trade union rights, and the Judge for the action of the civil liability of magistrates referred to 9§ paragraph of Article 14 and 10§ paragraph of Article 15 of the law 28 October 1992 n. 83. The appointment of experts in law members, the holders who alternates, happens with the two-thirds majority for the first three votes and an absolute majority in the next; in each case two members and two alternate members are to be d signati the council majority and one member and one alternate from the minority. The voting must be held in separate sessions and later. They can not be part of the Judicial College on Referendum of the Great and General Council members and those who hold presidential and executive positions in political parties or political movements and trade unions and business associations. The sessions of the Judicial College are valid with all its components; alternates shall replace the holders in case of impediment of the latter, determined by the date of the Board meeting. The Board of Judges on Referendum also decide the objection raised against its members. 5 Art. 12 Decisions of the Judicial College - Tasks and function as the Board of Judges, checked the formalities required by Article 5 and the successful collection
and regularity of the minimum number of signatures required of voters and the registration of the signatories on the electoral roll and the full respect of the requirements set out in points a) and b) of Article 3 states admitted the Referendum. If, however, the Judicial College finds irregularities in stamp, order the legal representative of the Committee to proceed promoter within a short t rmine peremptory to the amnesty of the same through the application of the sanctions provided for in the first paragraph of Article 40 of Law 29 October 1981 n. 86: the referendum process is suspended for the whole period of the amnesty granted. Failure to comply with the provisions of the preceding paragraph determines the pronunciation of the settlement of the entire referendum process also the pronunciation of rricevibilità resulting from the infringement of the rules of Article 5, as well as the ruling of inadmissibility for lack of requirements of Article 3. the admissibility of the Referendum is exclusion to any assessment that adhere to the rulebook resulting upon a possible acceptance of the proposed referendum and the subsequent repeal of the law or the rule of law subject to referendum. The 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 of Article 5 as well as the collection and regularity of the minimum number of signatures of voters necessary and the inscriptions of the signatories on the electoral roll for which is subject to appeal to the Chief Judge of the commissioner's Court within a period of ten days from the ruling of the Judicial College. The Board of Judges to a tie vote, the vote of the President. The Judicial College on Referendum must deliver judgment within twenty days from the date of the meeting fixed by Regency referred to in Article 10 or the expiration of the term of amnesty positiv outcome of the second paragraph of this Article. 5 Art. 13 Right to attend The College of Judges on the referendum decides in open court hearing in shape with right of representation even through lawyers under the law 31 October 1968 n. 39, the Organizing Committee and the possible Contrary Committee, which must notify the Chairman of the Judicial College their willingness to intervene at least the day before the date set for the hearing. 5 Art. 14 Convocation of the Referendum The decision of the Judicial Board on Referendum is communicated to the Regency which in the case of judgment with negative results, by decree, takes notice and shall give public notice. Instead declared permissible by the Board of Judges, the Regency fixes the dates of the recall referendum, which will be held on a Sunday between the 60§ and 90§ days from the date of reggenziale decree convoking the referendum, provided that no Member grounds for refusal referred to in article. 5 Art. 15 Impediments to Referendum During the calendar year can not keep more 'na session dedicated to the performance of one or more' Referendum abrogation. In the same round they are grouped more 'Referendum whose applications are presented in useful terms. The recall referendum can not take place, coinciding with the general election or election for the appointment of at least five captains of the respective Juntas Castle; the Regency fixed in such a case the Referendum in the period from 180§ and 270§ day by the conduct of elections. 5 Art. 16 Referendum Campaign Prior to the conduct of the referendum is apert the referendum campaign the length of which is fixed in a fortnight. Are admitted to the referendum campaign, the Committee promoter of the referendum, the eventual Contrary Committee whose application for incorporation must be notified to the Regency accompanied by at least fifteen signatures of voters; also they are permitted the political forces present in the Great and General Council and the political forces that have presented lists in parliamentary elections. The referendum propaganda is governed by the rules, as applicable, of the law 14 July 1959 n. 26, as amended and supplemented with the following ficazioni mod: a) the use of billboards are reserved to the Organizing Committee, and the Committee Opposed to the political forces in the second paragraph. it also provided an additional space for billboard citizens, associations, social forces that wish to use them; b) the conduct of the rallies is reserved for the Organizing Committee, and the Committee Opposed to the political forces in the second paragraph. May require the conduct rallies also individual citizens,
associations and social forces. 5 Art. 17 Voting Voting in Referendum made via the Status tab, having the characteristics indicated in the model adopted by Regency Decree, and reproducing in a clear and unequivocal way the proposal submitted to a referendum followed by the words yes - no clearly differentiated. In case of simultaneous pursuit of more 'referendum tabs for will be different. The polling stations are made according to specifications of the Electoral Law 23 December 1958 n. 36, as amended, subject to the right of representation in art. 26 of the aforementioned law, as well as for the political forces referred to in Article 16, even for the Referendum Promoting Committee itself and to the Committee Opposed. 5 Art. 18 Acceptance of the draft Referendum - Effects concluded the voting and counting, published the results of the recall referendum, the Regency, by decree, it is obliged, in case of approval of the proposal to repeal the part of the body election, to declare repealed the law, the act, or the standard also customary, however, having the force of law or any part thereof with effect from the time of publication of the decree, which must take place no later than three days from the date of the referendum. This Decree is inserted in the Official Collection of Laws and Decrees of the Republic. The proposed referendum rejected by voters nn can be revived only after three years from the previous year. 5 Art. 19 Interruption of the referendum procedure If the law or enactment having the force of law or any part thereof, for which it was requested recall referendum, they are repealed or amended by the Great and General Council before the holding of the referendum, so to be welcomed in principle the requirements of the Organizing Committee, the procedures for the conduct of the referendum are interrupted. The break statement is pronounced with Regency Decree on relevant resolution of the Board of Judges referred to in Article 11, to that onvocato. 5 Art. 20 recall referendum promoted by the Township Councils Should the recall referendum is required by the Township Councils, the Judicial College only ensures compliance with the obligations under Article 6 and that the requirements referred to in subparagraphs a) and b) Article 3. 5 Art. 21 Postponement on Referendum promoted by the Township Councils shall apply mutatis mutandis the rules contained in this Chapter. CHAPTER II The Referendum purposeful or address 5 Art. 22 Eligibility and admissibility of the Referendum purposeful or address The Referendum purposeful or address, provided that his request a number of voters representing at least 1.5% (unovirgolacinquepercento) of the electorate as determined pursuant to the first paragraph of Article 3, is admitted in the same areas for which it is eligible for the recall referendum. It 'also permitted provided that it has limitations to the subject of the exercise of voting rights, the right to work and freedom of movement and establishment of persons and in general of violation or restriction of human rights. It 'still unacceptable Referendum purposeful or address when the principles and criteria on which it is called upon to decide the electoral corp can lead to the introduction of rules which contravene the general principles of San Marino of Law 8 July 1974 n. 59. It 'also required for eligibility of Referendum purposeful 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. The Judicial College on Referendum, when the payment of the submission of the application formalities provided for in Article 5 of this Act, shall determine the eligibility of the Referendum proactive request or address in accordance with the requirements of this Article. 5 Art. 23 Rules applicable to the Referendum purposeful or address - Referral apply to the Referendum purposeful or address all the provisions prescribed for the recall referendum of popular initiative contenu in the previous Chapter and in particular apply in the case of pronunciation of ELIGIBLE ity by the Judicial College on Referendum, the rules contained in articles 14, 15, 16 and 17. One or more 'proactive Referendum or no poss address held on the same date of the performance of one or more' Referendum abrogation. In this case during the calendar year you will not carry out further Referendum Referendum abrogate or more proactive or address. 5 Art. 24 Electoral Body and counting of votes
Participating in the Referendum purposeful or address citizens registered to vote. The proposal submitted to referendum or purposeful address is approved if it obtains a majority of valid votes cast and in any case on less than 32% (trentaduepercento) of the votes of the electors registered to vote. It is based on the votes validly cast votes for or against the proposed referendum. 5 Art. 25 Acceptance of the proposal of referendum proposals or address - Implementation of the referendum will - Drafting of the bill concluded the voting and counting, published the result of the Referendum purposeful or address, the Regency, in case approval of the referendum proposal, 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 that has been the subject of Referendum. The Regency, received the draft law referred to in the preceding paragraph, it shall forward to the Board of Judges on the referendum because it expresses an opinion. If the Board of Judges deemed that the project does not incorporate, albeit partially, the princi i and certain management criteria with the referendum, in addition to the opinion, if necessary MENDMENTS indicates that the Congress of State shall be introduced. The Regency, received the opinion of the Judicial College on Referendum, transmit it to the Congress of State, assigning a term not exceeding tr nta days for the regularization of the project. 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. It is the task of the Regency ensure the proper conduct of the procedure referred to in the preceding paragraphs. 5 Art. 26 Interruption of the referendum procedure The Regency, if the Great and General Council succe sively to the judgment of eligibility referred to in Article 22 and before the holding of Referndum purposeful or address passes a law that welcomes the substance of the principles and guiding criteria required by the referendum Organizing Committee, and the Board of Judges convened to such judgment it ensures compliance, declares Regency decree, consistent with the relevant decision of the Judicial Board, the interruption of procedures for the referendum. CHAPTER III The Referendum confirmatory 5 Art. 27 Eligibility and admissibility of confirmatory referendum by popular initiative The confirmatory referendum by popular initiative, provided that his request a number of citizens representatives voters at least 1.5% (unovirgolacinquepercento) of the electoral body as determined pursuant to the first paragraph of Article 3, it is allowed only for laws that affect the organs, organisms and the fundamental powers of the State referred to in Article 3 of Law No 8 July 1974. 59. The referendum procedure is established by the written request submitted to the Regency and filed with the Office Institutional Secretariat before the entry into force of the law for at least three voters constituted Organizing Committee dl Referendum. The Referendum confirmatory request suspends the effectiveness of the law for which it takes place. For the formalities relating to the filing of the request, apply the provisions of Article 5. Within ten days from cu filing the request to the second paragraph, the Board of Judges on the referendum convened by the Regency to pronounce only on the admissibility of the request in relation to the matter permitted . In the next forty-five days in the event of a favorable ruling of the Judicial College, has allowed the collection of signatures minia entity established by the first paragraph of this Article in accordance with the procedures prescribed in Article 9. 5 Art. 28 Decisions of the Judicial College on Referendum confirmatory popular initiative the Judicial College on the referendum called by Regency in accordance with Article 10, within twenty days of the filing of the bodies count sheets signatures mentioned in the sixth paragraph of Article 27 or the date of expiry of the amnesty in the last paragraph of Article 12, establishes the conditions of admissibility and the remaining conditions for eligibility of the confirmatory referendum by popular initiative. 5 Art. 29 Referendum confirmatory of the council initiative The Referendum confirmatory set by individual laws or council initiative, provided it is expressly provided in a separate article of the law that you submit to referendum approved by at least thirty-one members, it is permitted for ach matter , except for the laws
relating to tax matters, financial, amnesty and pardon. Shall not be held to the judgment of eligibility by the Board of Judges on Referendum. 5 Art. 30 Convocation of the referendum confirming the regency, in case of eligibility ruling by the Judicial College of the referendum of popular initiative or in case of Refer ndum confirmatory set by individual laws or council initiative, the date fixed by decree the holding of the referendum to be held on a Sunday day of between 60§ and 90§ days from the date of the decree calling the referendum itself. The referendum campaign and the methods of conducting the voting are planned as part of the recall referendum and purposeful or address. 5 Art. 31 Electoral Body and counting of votes Acceptance of Referendum confirmatory proposal participate in the referendum confirmatory citizens registered to vote. The proposal subjected to confirmatory referendum is approved if it obtains a majority of valid votes cast and in any case not less than 32% (trentaduepercento) of the votes of the electors registered to vote. It is based on the votes validly cast votes for or against the proposed referendum. The law submitted to referendum confirmatory enter into force in accordance with Article 32. 5 Art. 32 of the Referendum Effects confirmatory The Regency, took note of the final results of the R confirmatory referendum by decree declares the law effectively subjected to referendum in the case of favorable result of its entry into force, instead declare the disqualification of the law in case of result contrary to its entry into force. This decree is inserted in the Official Collection of Laws and Decrees of the Republic. TITLE II LEGISLATIVE INITIATIVE POPULAR Art. 33 Presentation of the popular initiative bill 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. Each project must be accompanied by at least sixty signatures of voters. Art. 34 Procedure - Referral For the popular initiative bills is assured the same process of discussion within the Great and General Council as those of iniziativ council, under the existing Great and General Council Regulation. Proposals for popular bill go iserite by the Bureau on the Great and General Council agenda for their consideration at second reading within one hundred eighty days from the presentation. The presenters of a proposed law of popular iniziativ, are invited, through their representative, to participate with the right to speak to the stage of examination of the proposal by the political Council Commissions. TITLE III PROVISIONS COMMON, TRANSITIONAL AND FINAL PROVISIONS Art. 35 Decrees Reggenziali The reggenziali decrees issued in implementation of the rules on Referendum contained in Title I, are not subject to ratification by the Great and General Council. Art. 36 Financial expenses - Contribution of the State Financial expenses for the conduct of the referendum shall be borne by the State. For every referendum is a contribution to the Promoter Committee and the Committee Opposed documented referendum propaganda expenses and no later than £ .10.000.000 = (ten) for each Committee. Art. 37 Transitional provisions With the entry into force of this Act, are dismissed at the members of the Board of Judges appointed under the validity of the law 29 October 1981 n. 82 except for the obligations of the last paragraph. The Great and General Council, in the first session ccessiva s entry into force of the provisions hereof, has called the appointment of members of the Judicial College on Referendum according to the requirements of Article 11 in the effectiveness of this Act the terms following procedures established for the referendum on the date of presentation and filing of Rferendum referred to in I and II as well as Heads of Chapter III, only for the Referendum confirmatory of Init popular ativa, Title I, remain suspended until the appointment of the new Board of Judges on Referendum. To applications for a Referendum submitted before the entry into force of this Act, the rules contained in the law 29 October 1981 n. 82. Art. 38 Repeal and repealed the law 29 October 1981 n. 82. Art. 39 Entry into force This law comes into force on the thirtieth day following that of its legal publication.
Our Residence, this day of 30 November 1994/1694 THE CAPTAINS REGENT Renzo Ghiotti - Luciano Ciavatta THE SECRETARY OF STATE FOR INTERNAL AFFAIRS Antonio L. Volpinari

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