B. Scope of Referendums

As just noted, the Bill makes it possible to trigger referendums on provincial laws, provincial regulations, as well as on particularly important administrative acts, projects thereof, or questions potentially falling thereunder. This does not appear to be per se objectionable. Article 123 of the Italian Constitution – which is inapplicable here but certainly belongs to the relevant legal context – mentions regional referendums “on laws and administrative measures”; in some Swiss cantons, administrative decisions are subject to optional referendum, and nothing in the Code of Good Practice on Referendums seems to speak against “administrative” referendums. Some moderation is nonetheless advisable, lest direct democratic procedures become a trivial matter and decisions requiring specific expertise (or more importantly impartiality and due process) be taken by popular majority. Article 23.2 commendably attempts to limit “administrative” referendums to decisions having some political importance, but further reflection on the issue might be beneficial. In examining this point, Article 54 of the Special Statute – attributing to the provincial executive the main competence on all such matters – would also have to be taken into account. Referendums on issues in the competence of the executive are very uncommon. The fact of subjecting acts of the executive to referendums may also have the undesirable result of interfering with the hierarchy of law in the Province, as it may become politically delicate to pass a law indirectly modifying or rendering void an administrative regulation or act that has been approved in a referendum.