Diritto Pubblico Comparato ed Europeo

Sommario

1. Elementi sulla tradizione storica. – 2. Ricostruzione delle posizioni dottrinali. – 3. Esperienze concrete. – 4. Prospettive evolutive dell’istituto.

Abstract

In Italy there are referendums at national, regional and municipal level, and there are two kinds of national referendum. The referendums at national level are: 1) “abrogative” referendums: these can be called in order to totally or partially repeal a law, but only at the request of 500,000 electors or five regional councils. Referendums regarding financial laws, laws relating to pardons or laws ratifying international treaties are forbidden; if the majority of the electorate votes, the result of the referendum is considered valid. 2) “constitutional” referendums: these can be called in order to approve constitutional amendments, but only at the request of 500,000 electors, five regional councils or a fifth of the members of one of the two Houses of Parliament. Moreover the Italian Constitution also provides for “local referendums” that have to be called in order to approve changes to regional and municipal boundaries. There are two kinds of regional referendum: 1) referendums enacted by the regional statutes (binding or non-binding); 2) facultative referendums to approve the regional statute itself. At municipal level binding and non-binding referendums can be held on issues related to local policies. Of the 59 “abrogative” referendums held since 1974, 24 were not valid, 19 passed and 16 did not. In 2001 there was a referendum to approve a constitutional amendment (the reform of regional powers). Very few referendums have been held at regional and municipal level. Since 1997 voter turnout in “abrogative” referendums has been very low: in fact for the referendums held in 1997, 1999, 2000, 2003 and 2005 the majority of the electorate did not vote therefore the referendums were not valid. It is argued that voters are not sufficiently well informed to take decisions on complicated issues.