Info
Direct Democracy
DD002
Direct Democracy Provisions (National Level)
Question: Are there any Legal Provisions for Direct Democracy Procedures at the national level?
Answer:
a . Yes
Comments:
Source: Constitution of the Portuguese Republic, Seventh Revision [2005], Articles 115, 167: https://ecnl.org/sites/default/files/files/2021/PortugalConstitution.pdf
Legislative Initiative by Citizens: https://www.parlamento.pt/sites/EN/Parliament/Documents/LeiIniciativaCidadaosEN.pdf
Legal Regime governing Referenda: https://www.parlamento.pt/sites/EN/Parliament/Documents/ReferendoEN.pdf
Verified: 2024/10/10
DD003
Mandatory referendums (national level)
Question: Are there any Legal Provisions for Mandatory Referendums at the national level?
Answer:
a . Yes
Comments: The establishment of administrative regions is subject to mandatory referendum.
Source: European Commission for Democracy through Law (Venice Commission), Referendums in Europe - An Analysis of the Legal Rules in European States (2005), page 7; Constitution of the Portuguese Republic, Seventh Revision [2005], Articles 255, 256: https://www.parlamento.pt/sites/EN/Parliament/Documents/Constitution7th.pdf
Verified: 2024/10/10
DD004
Optional referendums (national level)
Question: Are there any Legal Provisions for Optional Referendums at the national level?
Answer:
a . Yes
Comments: Article 115(1):
Upon a proposal submitted by the Assembly of the Republic or the Government in relation to matters that fall within their respective competences, in the cases provided for and as laid down in the Constitution and the law, the President of the Republic may decide to call upon citizens who are registered to vote in Portuguese territory to directly and bindingly pronounce themselves by referendum.
Source: Constitution of the Portuguese Republic, Seventh Revision [2005], Articles 115(1):
https://www.parlamento.pt/sites/EN/Parliament/Documents/Constitution7th.pdf
Verified: 2024/10/10
DD005
Citizens' Initiatives (national level)
Question: Are there any Legal Provisions for Citizen’s Initiatives at national level?
Answer:
b . No
Comments:
Source: Constitution of the Portuguese Republic, Seventh Revision [2005], Articles 115, 167:
https://www.parlamento.pt/sites/EN/Parliament/Documents/Constitution7th.pdf
Legislative Initiative by Citizens:
https://www.parlamento.pt/sites/EN/Parliament/Documents/LeiIniciativaCidadaosEN.pdf
Legal Regime governing Referenda:
https://www.parlamento.pt/sites/EN/Parliament/Documents/ReferendoEN.pdf
Verified: 2024/10/10
DD006
Agenda Initiatives (national level)
Question: Are there any Legal Provisions for Agenda Initiatives at national level?
Answer:
a . Yes
Comments: Legislative Initiative by Citizens, Article 1:
The present Law regulates the terms and conditions under which groups of registered electors exercise the right to initiate legislation at the Assembly of the Republic in accordance with Article 167 of the Constitution, together with their participation in the legislative procedure to which they have given rise.
Source: Constitution of the Portuguese Republic, Seventh Revision [2005], Articles 115, 167:
https://www.parlamento.pt/sites/EN/Parliament/Documents/Constitution7th.pdf
Legislative Initiative by Citizens:
https://www.parlamento.pt/sites/EN/Parliament/Documents/LeiIniciativaCidadaosEN.pdf
Legal Regime governing Referenda:
https://www.parlamento.pt/sites/EN/Parliament/Documents/ReferendoEN.pdf
Verified: 2024/10/10
DD007
Question: Are there any Legal Provisions for Recalls at national level?
Answer:
b . No
Comments:
Source: Consitution of the Portuguese Republic, Seventh Revision [2005], Articles 115, 167:
https://www.parlamento.pt/sites/EN/Parliament/Documents/Constitution7th.pdf
Legislative Initiative by Citizens:
https://www.parlamento.pt/sites/EN/Parliament/Documents/LeiIniciativaCidadaosEN.pdf
Legal Regime governing Referenda:
https://www.parlamento.pt/sites/EN/Parliament/Documents/ReferendoEN.pdf
Verified: 2024/10/10
DD129
Question: Are the results of referenda always binding, never binding or sometimes binding?
Answer:
b . Sometimes binding
Comments: Article 115(11):
Referenda only have binding effect when the number of voters exceeds half the number of registered electors.
Source: Constitution of the Portuguese Republic, Seventh Revision [2005], Articles 115(11):
https://www.parlamento.pt/sites/EN/Parliament/Documents/Constitution7th.pdf
Verified: 2024/10/10
DD130
Question: Are the types of issues to vote upon in a referendum constitutional changes only, other issues only or both constitutional and other issues?
Answer:
b . Only other issues than constitutional changes
Comments: Article 115(4):
The following are excluded from the scope of referenda:
a) Amendments to the Constitution;
b) Questions and acts with a budgetary, tax-related or financial content;
c) The matters provided for in Article 161 of the Constitution, without prejudice to the provisions of the following paragraph;
d) The matters provided for in Article 164 of the Constitution, except for the provisions of subparagraph (i)
Source: Constitution of the Portuguese Republic, Seventh Revision [2005], Articles 115(4):
https://www.parlamento.pt/sites/EN/Parliament/Documents/Constitution7th.pdf
Verified: 2024/10/10
DD131
Question: Are there any Legal Provisions for Direct Democracy at sub-national levels (regional or local)?
Answer:
a . Yes
Comments: Article 240:
1. In the cases, under the terms and with the efficacy laid down by law, local authorities may submit matters that are included in the competences of their organs to referendum the respective registered electors. 2) The law may attribute the right to initiate referenda to registered electors.
Source: Constitution of the Portuguese Republic, Seventh Revision [2005], Article 240:
https://www.parlamento.pt/sites/EN/Parliament/Documents/Constitution7th.pdf
Verified: 2024/10/10
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