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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

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