Facts and Arguments about the Introduction of Initiative and ...
Facts and Arguments about the Introduction of Initiative and ...
Facts and Arguments about the Introduction of Initiative and ...
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Lithuania<br />
This Baltic republic has good provisions: it has <strong>the</strong> compulsory<br />
constitutional referendum, <strong>the</strong> optional referendum<br />
<strong>and</strong> <strong>the</strong> popular initiative. From 1991 to <strong>the</strong> present<br />
(March 2006), 18 national referendums have been held.<br />
However, because <strong>of</strong> <strong>the</strong> high participation quorum – 50%<br />
<strong>of</strong> <strong>the</strong> voters – many referendums have been declared<br />
invalid. In 2002 <strong>and</strong> 2003, referendum law was amended:<br />
<strong>the</strong> participation quorum was reduced for referendums on<br />
membership <strong>of</strong> international organisations to which sovereignty<br />
is transferred. The opportunistic reason was that<br />
<strong>the</strong> political elite wanted <strong>the</strong> referendum <strong>of</strong> May 2003 on<br />
accession to <strong>the</strong> European Union to succeed at all costs.<br />
For all o<strong>the</strong>r subjects, <strong>the</strong> participation quorum remains<br />
unchanged. There is no form <strong>of</strong> direct democracy at regional<br />
<strong>and</strong> local levels.<br />
Examples<br />
In 1996, no less than five national referendums were held<br />
(<strong>of</strong> which four were on <strong>the</strong> same day). The sale <strong>of</strong> farml<strong>and</strong><br />
to certain parties was approved by 52.0% <strong>of</strong> <strong>the</strong> voters;<br />
79.6% voted for compensating citizens who had lost<br />
possessions under communism; 78.7% voted for <strong>the</strong> lowering<br />
<strong>of</strong> <strong>the</strong> number <strong>of</strong> seats in parliament from 141 to 111;<br />
77.3% voted for holding parliamentary elections every four<br />
years on <strong>the</strong> second Sunday in March; <strong>and</strong> 76.9% approved<br />
a measure by which at least half <strong>the</strong> annual budget is spent<br />
on social policy. In 2003, 92.0% <strong>of</strong> <strong>the</strong> voters supported accession<br />
to <strong>the</strong> European Union.<br />
The Ne<strong>the</strong>rl<strong>and</strong>s<br />
Within Europe, <strong>the</strong> Ne<strong>the</strong>rl<strong>and</strong>s probably has <strong>the</strong> least experience<br />
with referendums. The Constitution – which is very<br />
difficult to amend – does not allow any binding popular<br />
votes. At <strong>the</strong> municipal level, however, some 125 non-binding<br />
referendums have been held since 1912 – a majority<br />
<strong>of</strong> <strong>the</strong>m plebiscites. During <strong>the</strong> 1990s, a number <strong>of</strong> municipalities<br />
introduced <strong>the</strong> citizens’ initiative corrective referendum.<br />
In <strong>the</strong> capital, Amsterdam, seven referendums<br />
have already been held since 1992. Under <strong>the</strong> pressure <strong>of</strong><br />
public opinion, more <strong>and</strong> more political parties are now in<br />
favour <strong>of</strong> introducing a corrective referendum based on <strong>the</strong><br />
Italian example. But this requires a change to <strong>the</strong> constitution,<br />
which failed by a hair’s breadth in 1999. Following<br />
<strong>the</strong> referendum on <strong>the</strong> European Constitution, this will be<br />
attempted again.<br />
Examples<br />
In 2005, <strong>the</strong> first national plebiscite since 1815 took place.<br />
On a turnout <strong>of</strong> 63.3%, <strong>the</strong> European Constitution was rejected<br />
by 61.5% <strong>of</strong> <strong>the</strong> voters.<br />
Norway<br />
The Norwegian constitution dates from 1814, <strong>and</strong> does<br />
not provide for any form <strong>of</strong> direct democracy. The parliament<br />
(<strong>the</strong> ‘Storting’) can, however, hold a non-binding<br />
plebiscite. Since 1905, six national plebiscites have been<br />
held in this way. There is also an extensive tradition <strong>of</strong><br />
plebiscites at municipal level, where <strong>about</strong> 500 plebiscites<br />
have taken place since 1972. In 2003, <strong>the</strong> parliament introduced<br />
<strong>the</strong> citizens’ initiative referendum at <strong>the</strong> municipal<br />
level. This enables 300 citizens to put a specific subject<br />
to a popular vote.<br />
Examples<br />
In 1972, membership <strong>of</strong> <strong>the</strong> European Community was<br />
rejected by 53.5% <strong>of</strong> <strong>the</strong> voters; in 1994, <strong>the</strong>re was a new<br />
vote on membership <strong>of</strong> <strong>the</strong> European Union with a similar<br />
result: 52.2% against.<br />
Austria<br />
Austria has a compulsory <strong>and</strong> binding referendum for<br />
complete revisions <strong>of</strong> <strong>the</strong> constitution. Partial constitutional<br />
revisions are subject to a referendum if at least one<br />
third <strong>of</strong> <strong>the</strong> ‘Nationalrat ‘ (parliament) or <strong>the</strong> ‘Bundesrat’<br />
(representatives <strong>of</strong> <strong>the</strong> federal states) request such changes<br />
to <strong>the</strong> constitution. The ‘Nationalrat’ can also hold a binding<br />
plebiscite on an ordinary law. Two national plebiscites<br />
have been held since 1945. There is no popular initiative<br />
referendum at <strong>the</strong> national level. By collecting 100,000<br />
signatures, citizens can, however, submit a petition to <strong>the</strong><br />
parliament (‘Volksbegehren’). The option is regularly used,<br />
but it does not lead to a referendum. In two <strong>of</strong> <strong>the</strong> nine<br />
states (Upper Austria <strong>and</strong> Steyermark), however, <strong>the</strong>re is a<br />
popular initiative referendum, as well as citizens’ initiatives<br />
in all municipalities.<br />
Examples<br />
In 1978, a plebiscite was held on <strong>the</strong> commissioning <strong>of</strong> <strong>the</strong><br />
nuclear power station at Zwentendorf. Start-up was rejected by<br />
a narrow majority <strong>of</strong> 50.5%. In 1994, <strong>the</strong> people approved accession<br />
to <strong>the</strong> European Community by a majority <strong>of</strong> 66.6%.<br />
Pol<strong>and</strong><br />
The Polish constitution, adopted by plebiscite in 1997, does<br />
not include <strong>the</strong> popular initiative referendum. However,<br />
<strong>the</strong> country does have a scheme for plebiscites <strong>and</strong> <strong>the</strong>se<br />
are regularly held. Plebiscites are valid if 50% <strong>of</strong> <strong>the</strong> registered<br />
voters take part. Since 1996, seven plebiscites have<br />
been held, <strong>of</strong> which <strong>the</strong> last two were binding.<br />
Examples<br />
On one day in 1996, no less than five plebiscites were held.<br />
The votes concerned three privatisation proposals (all rejected,<br />
by respectively 96.2%, 91.3% <strong>and</strong> 76.8% <strong>of</strong> <strong>the</strong> voters)<br />
<strong>and</strong> two pension proposals (both also rejected by 95.1%<br />
<strong>and</strong> 96.0% <strong>of</strong> <strong>the</strong> voters). In 2003, membership <strong>of</strong> <strong>the</strong> European<br />
Union was approved by 77.5% <strong>of</strong> <strong>the</strong> voters.<br />
Slovakia<br />
Slovakia has several direct-democratic instruments. With<br />
350,000 signatures, citizens can launch ei<strong>the</strong>r an optional<br />
referendum or a popular initiative. `Fundamental citizens’<br />
rights’, taxes, <strong>the</strong> budget <strong>and</strong> levies are excluded. Accession<br />
to an international association <strong>of</strong> states is subject to a compulsory<br />
referendum. The government or <strong>the</strong> parliament can<br />
also hold a plebiscite on a subject <strong>of</strong> <strong>the</strong>ir choosing. There<br />
have been nine national plebiscites since 1994. The high participation<br />
quorum <strong>of</strong> 50% <strong>of</strong> <strong>the</strong> voters <strong>of</strong>ten causes referendums<br />
to fail. The referendum <strong>of</strong> 2003 on accession to <strong>the</strong> EU<br />
was heavily criticised as being unfair for its opponents.<br />
Examples<br />
In 1998, 84.3% voted against <strong>the</strong> privatisation <strong>of</strong> ‘strategic<br />
industries’, especially electricity companies. In 2000, 95.1%<br />
voted for holding snap elections. In 2003, 92.7% approved