Home > 5.4 Effects of the referendum > REPUBLIC OF MOLDOVA - Joint Opinion on the Draft Electoral Code
 
 
 
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Paragraph 145
 

As regards a consultative referendum, it can be called by all of the subjects mentioned above and the President. Its legal effects, however, are not entirely clear. Article 181(3) stipulates that all acts adopted by a republican referendum have the legal power and are enforceable throughout the country. This could be interpreted that the results of all types of referendums, including a consultative referendum, could give rise to legally binding effects. The good practice recommends that the effects of legally binding or advisory referendums be clearly specified in the Constitution or by law. The Code should clarify the consequences of a consultative referendum, including decisions to be taken after the referendum.Similarly, to facilitate voters' informed choice, the follow-up actions to binding referendums could also be stipulated. In addition, the procedures for calling a referendum at the request of the Government or the President are missing in the draft Code and would benefit from further elaboration.