C. Admissibility/Validity criteria

Moreover, legislation should not only address the yardstick against which the validity of the text has to examined, but also other aspects, such as the competent authority, the time and the effects of the declaration of invalidity. The scrutinising body could be a court, the Provincial Council, a special parliamentary commission, or the commission foreseen in Article 3. The suitable point in time would be before the collection of the signatures. As to the effects of the declaration of invalidity, the Code of Good Practice on Referendums states that “texts that contradict the requirement [on procedural and substantive validity] should not be put to the popular vote”.[1] 

[1] CDL-AD(2007)008rev, III.3.