October 29, 1981, N

Original Language Title: 29 Ottobre 1981, N

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LAW 29 October 1981, n. 82 (published in the albo of the Public Palace on 7 November 1981) Establishment of the referendum and the popular legislative initiative. 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 29 October 1981. Art. 1 Pursuant to art. 2 of Law No 8 July 1974. 59 are set up the referendum and the popular legislative initiative as operating tools in a direct form of popular sovereignty. TITLE Del recall referendum Art. 2 are subjected to a referendum to repeal the law, the acts having the force of law or any portion thereof: a) when requested by at least 350 voters; b) when requested by at least five Township Councils. There shall be no referendum on the abolition of the bodies and fundamental powers of the State, according to art. 3 of Law No 8 July 1974. 59, and for the suppression of fundamental rights, of Law 8 July 1974 n. 59, and the laws or acts having the force of law or parts thereof with the specific content of the matters of taxes, levies and duties, the approval of the Financial Statements of the State, the ratification of international treaties, the granting of amnesty or ndulto. Art. 3 participate in the referendum citizens registered to vote. The proposal subjected to referendum is approved if it obtains the majority of valid votes cast and in any case on less than 25% (venticinquepercento) of the votes of voters on the electoral roll iscr cts. It is based on the votes validly cast votes for or against the referendum proposal. Art. 4 The referendum in art. 2, first CMMA, letter a), is required with a written request submitted to the Regency at least 15 voters, who by the time of submission of the request is recognized in all legal effect as a promoter of the referendum committee. The referendum request made by the organizing committee must contain the exact, clear and unambiguous wording of the proposal to be submitted to a referendum; it is written on c rta legal, it must contain the full name of each signatory and an indication of the electoral list in which he is registered. The presenters of the signature is authenticated by a notary or by the Registrar Civil Status or the Clerk of the Court. Art. 5 The holding of the referendum in art. 2, first paragraph, letter b), is promoted by at least five Township Councils, with every decision taken by each applicant Government. The request shall contain authentic extract of the minutes of the meetings of the Juntas and is signed by two of the gati for each of the Juntas promoters, which make up the promoter of the referendum committee. The referendum promoted by the Councils, the rules contained in this Title, mutatis mutandis. In particular, the Regency transmits to the College of art. 7 of this Act requesting the referendum eligibility. The Regency fixes the dates of the referendum promoted by the Township Councils, in case of his eligibility, with the decree and the methods referred to in the third paragraph of art. 8 of this Act. Art. 6 From the time of submission, pursuant to the first paragraph of art. 4, letter a), the request for referendum, which is drafted and a cur of the Registrar Office of the Great and General Council Chair, shall take effect on the terms of Article. 7 Pearl eligibility decision. In case of eligibility of the referendum, the Regency, with its decree not subject to ratification and be promulgated in the three days following the date of the decision, will publish the text of the referendum proposal, the general components of the organizing committee and will open the term 60 days to collect signatures of voters necessary for the sv lgimento the referendum. To this end, the promoter of the referendum Committee prepares special typewritten or printed forms on which r made the proposal to be submitted to a referendum. At the end of the declaration of authenticity of the signatures, the Officer of the Civil State and Chancellor of the Commissioner's Court are required to get the signatures of the players to be attached on the modules deposited there, countersigned by elegato of the referendum committee, which will also indicate Notary of their choice. Art. 7 The admissibility of the referendum in connection with art. 2, second paragraph, decides irrevocably u Bench hearing convened for that purpose in the Regency period of 15 days from the submission of the request for referndum by the organizing committee, in open court, in the form
dibattibilmente, with right of representation by lawyers in accordance with the law 31 October 1968 n. 39, the organizing committee, the possible contrary Committee, the Government and the political forces represented in the Great and General Council, which must notify the Board of their intention to intervene at least the day before the date set for the hearing. The Board referred to in the preceding paragraph is made: - by the Judge of Appeal, for civil cases who presides; in his absence, he presides over the most 'senior Magistrate; - By the Judge of Appeal, Criminal Cases; - The first degree Criminal Justice; - By three experienced members in law, appointed by the Great and General Council for the duration of the legislature. They can not be part of the College of the Great and General Council members. The Board shall decide on the objection raised contr its members. The appointment of the three members takes place with the two-thirds majority for the first three ballots and a simple majority in the next, in each case two members are to be appointed by the majority and one from the minority. Voting can take place following the same session. The referendum is accepted by majority decision of the members; a tie vote, the vote of the President. When the panel of the above does not meet or does not adopt decisions within 10 days from the date fixed by the Regency, under the first paragraph of the referendum is deemed permissible. Art. 8 after the deadline for the collection of signatures required by the voters, or at least at the time of presentation of the same signatures, the Law Commissioner no later than 10 days verifies compliance dell'avvenuta collection of the minimum required number of signatures and the registration of the signatories on the electoral roll, then transmits, with its order, promptly, acts to the Regency and the legal r ppresentante of the organizing committee. The legal representative of the organizing committee may appeal with written request, within three days of receipt of the order, the decision of the Commissioner of the Law before the Criminal Judge of First Instance, that a definitive decision within 10 days. The Regency by decree not subject to ratification: a) in case of negative feedback of the minimum number of signatures required, declare the dismissal of the request for a referendum; b) otherwise, shall set the dates of the referendum, which will be held on a Sunday between the sixtieth and ninetieth day after the date el reggenziale decree calling the referendum, except as provided in paragraphs that follow. During the calendar year can not keep more 'na returned dedicated to the performance of one or more' referendums. In the same round they are grouped more 'referendum whose applications are presented in useful terms. The referendum can not take place, coinciding with the elections or elections for the renewal of at least five Township Councils; the Regency fixed in such a case the referendum in the period between 180 ° and 270 days from the holding of elections. Art. 9 Prior to the holding of the referendum has opened the election campaign whose duration is fixed at 15 days are allowed to campaign the promoter of the referendum committee, any contrary Committee whose charter application must be notified to the Regency accompanied by at least 15 signatures of voters; also they are allowed political forces represented in the Council and the political forces that have presented lists in parliamentary elections. The electoral propaganda is governed by the rules, as applicable, of Law 14 July 1959 n. 26 as amended with the following modifications and additions: a) the use of billboards are reserved to the promoter Committee, contrary to the Committee and of which political forces in the first paragraph. It 'also provided an additional space for billboards citizens, associations, social forces that want to use them; b) the conduct of the rallies is reserved for the organizing committee, the Committee contrary to in the first paragraph of political forces. They can ask to do even individual citizens meetings, associations, social forces, but using or re places and not required by the above organizations; c) it is forbidden to launch leaflets. Art. 10 Voting in the referendum will be made via the Status tab, having the characteristics indicated in the model adott t with Regency Decree, and reproduces clearly and unequivocally the proposal submitted to a referendum followed by the words yes - no clearly differentiated. In case of simultaneous pursuit of more 'referendum will be tabs for different color.
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 Electoral Law, as well as for the political forces in art. 9, also for the promoter of the yarn ndum Committee itself and to the opposite Committee. Art. 11 He ended the voting process, and counting, published the result of the referendum, the Regency with pr prio decree is required, in case of approval of the proposal to repeal the part of the electorate, to declare repealed the Law or the 'act having the force of law or part of ssi 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 not subject to ratification by the Great and General Council and is included with the usual procedures 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. Art. 12 If the law or enactment having the force of law or any part thereof, for which it was requested recall referendum, are abr gati or modified by the Great and General Council before the holding of the referendum, in order to accommodate nlla substance the demands of the promoter of the referendum committee, procedures for the referendum are interrupted. The interrupt declaration is pronounced with Regency Decree of the relevant resolution of the Board of art. 7. TITLE II Del confirmatory referendum Art. 13 The referendum suspends the effectiveness of the gge for which it takes place. The referendum of popular initiative confirmatory is allowed only for the laws regarding the organizations and the fundamental powers of the State in art. 3 of Legg 8 July 1974 n. 59. The referendum can be set by individual laws on all matters, except for the rules of the law change July 8, 1974 n. 59, and for high eggi guarantee and protection of the fundamental rights of citizens enshrined in Law No 8 July 1974. 59, as well as for the laws regarding tax matters, financial, international treaties, amnesty or pardon. Art. 14 The referendum of popular initiative is initiated by written request to the Regency before the entry into force of law by at least 15 voters made in promoter of the referendum committee. In the next 30 days it is allowed to collect signatures of at least 350 voters under procedures established in the previous Article 15. 6. The referendum set by individual laws is expressly provided for in a separate article in the context of the law, approved by at least 31 councilors. A6 15 Art. 15 The Board of art. 7, convened by the Regency, decides on the admissibility of the referendum of popular initiative no later than 15 days ahead of his presentation to the Regency of the referendum request by the organizing committee. If no decision is taken in terms of law set forth above, it senz'altro'altro rise to referendum. The referendum set by individual laws is not brought to trial eligibility. 15 A6 Art. 16 At the Law Commissioner responsible for ascertaining the requirement of at least 350 signatures of voters on the referendum request forms in the forms established in the first paragraph of art. 8. And 'admitted the appeal in the second paragraph of Article dellostesso. 8. 15 A6 Art. 17 The Regency in case of eligibility of confirmatory referendum and in the case of the referendum required by single law, fixed by decree the dates of the referendum to be held on a Sunday between the sixtieth day and the ninetieth days from the date of the decree of convocation of the referendum itself. The election campaign and the mode of conduct of voting shall be those provided for holding the referendum. A6 15 Art. 18 The law submitted to referendum enters the force if a majority of valid votes is not contrary or if at least 25% of those registered to vote do not vote against the law. A6 15 Art. 19 The Regency, took note of the final results of the referendum, by decree the law declares valid and effectively put to a referendum in the event of fav result Honourable its entry into force, on the other hand declares decanza of law in case of result contrary to its entry into force. This decree is not subject to ratification by the Great and General Council and is included with the usual procedures in the official collection of laws and decrees of the Republic. 15 A6 Art. 20
Financial expenses for the referendum shall be borne by the State. For every referendum is a contribution to the organizing committee and otherwise Committee for election expenses documented and no later than five million lire for each Committee. TITLE III Of The Popular Legislative Initiative Art. 21 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 state the expense coverage. Each project must be accompanied by at least 60 signatures of voters. Art. 22 For the law of popular initiative projects is assured the same process of discussion within the Great and General Council as those of the council initiative, under the existing Great and General Council regulation. TITLE IV Transitional rule - fine them provisions Art. 23 The Great and General Council, convened the first session following the entry into force of this Act, has called the appointment of the three elected members of the College of art. 7, which in any case must take place by 31 December 1981. Art. 24 This Law shall enter into force on the fifteenth day after its legal publication. Our Residence, this day of November 5 1981/1681 THE CAPTAINS REGENT Mario Rossi - Ubaldo Biordi THE SECRETARY OF STATE FOR INTERNAL AFFAIRS Alvaro Selva

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