C. Admissibility/Validity criteria

The key problem is the absence of substantive criteria on the validity/admissibility of referendums. According to paragraph III.3 of the Code of Good Practice, “text(s) submitted to a referendum must comply with all superior law”. The same requirement flows from Article 47.2 of the Special Statute, which appears to require that statutory laws ensure respect for all superior law. Whereas the Bill provides for some limits for citizens’ bills,[1] it is silent on referendums and popular initiatives. Article 25.5 specifically establishes that a referendum can be declared inadmissible exclusively when it is contrary to the provisions of the Bill itself. If the Bill is to be in line with the European Constitutional heritage, a clear validity condition relating to the full compliance of texts submitted to referendum to all superior law is indispensable for the popular initiative. Such a condition is recommended for advisory referendums, although here the problem is less acute in light of the authorities’ responsibility in the final adoption of any legal text. The issue does not arise in the same terms for confirmatory and abrogative referendums, but they too should not lead to a situation contrary to superior legislation.

[1]See above par. 40.