Regulatory levels and stability of referendum law

a. Apart from rules on technical matters and detail (which may be included in regulations of the executive), rules of referendum law should have at least the rank of a statute and not be adopted ad hoc for a specific referendum.

b. The fundamental aspects of referendum law should not be open to amendments to be applied during the year following their enactment or should be written in the constitution or at a level superior to ordinary law.

c. Adoption of legislation on referendums should take place by broad consensus after extensive public consultations with all the stakeholders.

d. Fundamental rules include, in particular, those concerning:
- the composition of electoral commissions or any other body responsible for organising the referendum
- the franchise and electoral registers;
- the procedural and substantive validity of the text put to a referendum;
- the effects of the referendum (with the exception of rules concerning matters of detail);
- the participation of the proposal’s supporters and opponents to broadcasts of public media.