Home > 5.3 Validity of the question > Referendums in Europe - An Analysis of the Legal Rules in European States
 
 
 
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Paragraph 83
 

On the other hand, when a referendum relates to a legal instrument of lower rank than the constitution, an examination is often conducted before the vote to establish whether it conforms to the constitution (Estonia, Lithuania, Portugal, Russia, Sweden) or with the constitution and international law (Cyprus, Denmark, Greece, Italy, “the former Yugoslav Republic of Macedonia”). In Ireland, the examination is carried out with respect to the constitution and European Union law. The latter requires that, at the very least, no law contrary to it should be in force in any member state. Such an examination can even be conducted in the case of a referendum on a question of principle or a generally-worded proposal when the latter cannot lead to a revision of the constitution (Andorra – the question must also comply with international treaties). In Russia, the question submitted to referendum must not restrict, set aside or reduce universally recognised human and civic rights and freedoms or the constitutional guarantees for exercising them.