E. Further issues on referendums

Section I - General provisions

The Bill seems to devote too little attention to its impact on the smooth functioning of the Provincial institutions. Suspension of all administrative acts pending an advisory referendum – save only for urgent measures – also appears out of all proportion (Article 35.2; the provision originates from the current Article 7.6 RL, applicable to popular initiatives in their present form). The problem is exacerbated by the ease with which such a referendum could be launched (Article 35.1 of the Bill) and by the fact that administrative paralysis could prolong itself for weeks or months (Article 31). If the intended goal is to avoid that the referendum be undermined by unilateral acts of the administration, the clause should be drafted accordingly. In the same vein, the proposal to do away with the current provision imposing a “cool-off” period after the rejection of a referendum (see e.g. Article 2.1.b and Article 18.13 RL) could be reconsidered, since recourse to referendum would be easier and more frequent should the Bill be approved.