II. Comments on the test of the law

C. Some specific comments on the concrete articles on the new law on referendum.

2. Wording of the referendum questions

Article 19 of the Law provides that the wording of referendum questions must be “clear and precise”. However, the text does not establish more specific safeguards. Under the Venice Commission Code of Good Practice on Referendums, referendum questions should satisfy three basic criteria:

a) Unity of Form - the proposal should not combine a specifically worded draft amendment with a generally worded proposal or question of principle;

b) Unity of Content - except in the case of total revision of a text (such as a Constitution or law), there should be an intrinsic connection between the various parts of each question put to the vote, in order to guarantee the free suffrage of the voter, who must not be called to accept or refuse as a whole provisions without an intrinsic link;

c) Unity of Hierarchical Level - the same question should not simultaneously apply to legislation of different hierarchical levels.

The criteria mentioned above provide important safeguards against referendum questions that are phrased in a manipulative or misleading way. The Venice Commission is of opinion that the wording of Article 19 should include a more specific requirement as to the question submitted to the voters.