Article 3 of the Bill sets out the rules for the (new) Commission for participation which is the main body implementing the law. The Commission is composed of three expert members (law professors or attorneys), two of them being elected by the Provincial Council through “limited voting” (recte: single non-transferable vote?), one member by the President of the Province. All three members serve for a single term, with no possibility of being re-elected. The question could be raised of whether the number of regular members is not too low. The proponents of initiatives or referendums may appoint two additional members to the commission who need not be experts on the subject matter concerned. If the decision is taken to create a body not belonging to the administration in charge of organising the referendums, there should be more legal safeguards ensuring its independence vis-à-vis the Provincial council, Government and Administration, but also the promoters of the initiative or referendum, in conformity with international standards.[1] The presence of (partisan) supporters of the initiative could lead to excessive politicisation; therefore, a more impartial composition should be envisaged. The proposed composition appears however more balanced than the present referendum commission, since the presidency of the Council has the possibility to appoint all members of the commission (Article 6 RL). The functions of the Commission should be clearly laid out in Article 3.
[1]Code of Good Practice on Referendums, II.3.1.
