Home > 5 Referendum/Consultation > VENEZUELA - ON THE LEGAL ISSUES RAISED BY DECREE No. 2878 OF 23 MAY 2017 OF THE PRESIDENT OF THE REPUBLIC ON CALLING ELECTIONS TO A NATIONAL CONSTITUENT ASSEMBLY
 
 
 
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Paragraph 27
 

The question has arisen as to whether “initiative” in this context means the right to convene the NCA or only the right to declare a referendum, consulting the people as to whether to convene a National Constituent Assembly or not. The wording of Articles 347-348 may be taken to mean that Article 348 regulates merely the power to initiate the procedure which can lead to the establishment of a National Constituent Assembly, while Article 347 entrusts “the people of Venezuela” with the decision to convene the assembly. The decision should obviously be taken through a referendum. According to this interpretation, the President, too, would only have the power of initiative, and convening the assembly would require the approval of the President’s initiative (or that of the other bodies entitled to do so) in a referendum.