II. Comments on the test of the law

B. Provisions on changing the Constitution through a referendum

Articles 15 and 16 do not give any role to the Parliament. However, the Venice Commission in its previous opinions on constitutional reforms in Ukraine “has underlined the need to secure the legitimacy of any constitutional reform in Ukraine”, which “can only be achieved if constitutional amendments are made after extensive, open and free public discussions involving the opposition and civil society, and in strict accordance with the constitutional provisions on amendment through decisions of the Verkhovna Rada by a qualified majority”[1]. In Its 2011 opinion on the concept paper of the establishment and functioning of the Constitutional Assembly of Ukraine the Venice Commission strongly encouraged “the Ukrainian authorities to engage in a process of constitutional change that is based on the regular constitutional procedure for constitutional amendments and on the democratic participation of all actors of society concerned”.[2]  The Code of good practice on referendums recommends:

“When a text is put to the vote at the request of a section of the electorate or an authority other than Parliament, Parliament must be able to give a non-binding opinion on the text put to the vote. In the case of the popular initiatives, it may be entitled to put forward a counter-proposal to the proposed text, which will be put to the popular vote at the same time. A deadline must be set for Parliament to give its opinion: if this deadline is not met, the text will be put to the popular vote without Parliament’s opinion.[3]

[1] See CDL-AD(2010)044, paragraph 73.

[2] See CDL-AD(2011)002, paragraph 7.

[3] Code of Good practice on referendums, II.6.