Facts and Arguments about the Introduction of Initiative and ...

• Provide the media with documentation: announcement of
the initiative, submission of the signatures and suchlike
are good moments. Maintain good contacts with interested
press people.
Ballot brochure
• The space on the official brochure is limited. Keep the arguments
simple and reiterate the key phrases that reflect
the essentials.
• Quoting clear statements by scientific authorities or other
people in whom the public have faith, for instance, can be
very effective.
5-2: Referendums and plebiscites
in several European countries
Below is a brief summary of the regulations concerning
national referendums and plebiscites in several European
countries. The most important sources are: B. Kaufmann et
al (editors), “Guidebook to direct democracy in Switzerland
and beyond” (2005), and B. Kaufmann and M.D. Waters
(editors), “Direct democracy in Europe” (2004).
Belgium
Binding referendums are constitutionally excluded in Belgium.
Since 1945, only one plebiscite (referendum at the
government’s initiative) has been held. Schemes for citizens’
initiative referendums only exist at municipal level,
but apart from the fact that these are not binding, the municipal
council can also dismiss a request for a referendum.
For some years, however, there has been a debate about further
implementation of referendums and support among
the political parties has grown – particularly in Flanders.
Examples
In 1950, the Belgians voted on the return of King Leopold
III. With a 92.9% turnout, 57.7% voted in favour and 42.3%
against.
Denmark
The Danish constitution stipulates that a referendum must
be held in a number of situations, including amendments
to the constitution and the transfer of sovereignty to international
bodies such as the European Union. If one third of
the members of parliament request it, a referendum must
be held, too. But this right has never been used. All national
referendums are binding. However, the country does not
have a citizens’ initiative referendum at any level. At the local
level, more than 160 non-binding plebiscites have been
held since 1970.
Examples
The Danes approved accession to the European Community
in 1972 (63.4% Yes). In 1992, the Maastricht Treaty was
rejected by 50.7% of the votes. The following year, however,
Denmark obtained an opt-out on four issues (economic
and monetary union, Union citizenship, common defence,
and justice and home affairs) and the Maastricht Treaty was
then accepted with 56.7% yes votes. In 1998, 55.1% also approved
the Treaty of Amsterdam. However, in 2000, 53.1%
voted against adopting the euro.
Germany
Germany has no form of direct-democratic decision-making
at the national level. Although section 20 of the German
constitution reads: “All state power emanates from the
people; it is exercised by the people in elections and referendums
...”, the required implementing legislation is lacking.
No plebiscites have been held since 1945. As described in
chapter 5, however, all states and municipalities have introduced
the popular and citizens’ initiative referendum,
mostly during the 1990s, and these are used extensively in
some places. These referendums are binding. A majority in
the parliament has also been won over for the introduction
of direct democracy at national level, but the necessary twothirds’
majority for a constitutional amendment has not yet
been achieved.
France
Section 3 of the French constitution – adopted in 1958
via referendum – reads: “National sovereignty belongs to
the people, which exercises it by means of its representatives
and referendums”. However, there is no popular or
citizens’ initiative referendum in France. Amendments to
the constitution, as well as territorial amendments, must
in principle be subject to a plebiscite. The initiative for this,
however, can only be taken by the French president or, to
a lesser extent, by the parliament (the power of the French
parliament is weak). The president can also decide to use a
plebiscite on a ‘legislative concept’, which needs parliamentary
approval. The vote is not on a fully drafted legislative
proposal, only on a general idea. National referendums are
binding. French politicians have regularly promised more
direct democracy; for example, during his re-election campaign
of 2002, President Chirac proposed the introduction
of popular or citizens’ initiatives at national and municipal
levels as a future possibility.
Examples
The direct election of the president was approved by a majority
of 62.3% in 1962. In the same year, voters approved
Algerian independence by 90.8%. The expansion of the European
Community was approved by a majority of 68.3% in
1972. The Maastricht Treaty achieved only a narrow majority
of 51.0% in 1992. In 2000, the reduction of the president’s
term of office from seven to five years was approved
by 73.2%.
The United Kingdom
The UK has no single written constitution – the ‘rules of
the political game’ are contained in laws, conventions and
‘understandings’. Historically, there was perhaps a fear that
a formal constitution might challenge parliament’s claim
to sovereignty and limit its powers. In recent years, the role
of parliament has been significantly weakened in comparison
to that of the government. There is no national popular
initiative referendum, but the government does sometimes
hold plebiscites. At the municipal level, a citizens’ initiative
referendum allowing citizens to choose the option of directly
electing their mayor was introduced via the Local Government
Act (2000). The Scottish Parliament introduced
a public petition system in 1999. Nearly 1000 petitions
have been submitted to date (March 2006). In February
2004, a revolutionary online e-petition system, including
online signature collection, was launched. In its first year