Municipal Referendum
Since July 17, 2007, Law 176-07 regulates the operation and structure of municipal authority, especially regarding civil participation in the political process and participatory budget, defining the use of the Municipal Referendum. In essence, the law defines that the referendum will be a participatory mechanism that guarantees the representation of citizen preferences. The municipalities will encourage cooperation between citizens and municipal management in the search to promote and strengthen local democracy and allow the active participation of the community in decision-making processes in matters of municipal competence (Article 226). A particular component of the legislation is the inclusion of women, who must be represented with at least 50% of the participating population. To initiate the municipal referendum process, a petition signed by at least 5% of the local population must be submitted to the Secretary of the Municipal Council, as well as other documents relevant to the nature of the petition. Once the formal criteria are met, the referendum will be held within 45 and 60 days from the submission of the petition and should be held on a public holiday. The quorum is reached once 50% of all citizens who participated in the previous municipal elections participate in the referendum. To become legally binding, the question asked should receive 51% of the votes given (including blank votes). The result becomes a Decree of the Municipal Council, signed by the President and the Secretary of the Council. If the subject of the referendum is rejected by the electors, it can only be carried forward again after two consecutive years have passed.
Institutional design
Formalization: is the innovation embedded in the constitution or legislation, in an administrative act, or not formalized at all?
Frequency: how often does the innovation take place: only once, sporadically, or is it permanent or regular?
Mode of Selection of Participants: is the innovation open to all participants, access is restricted to some kind of condition, or both methods apply?
Type of participants: those who participate are individual citizens, civil society organizations, private stakeholders or a combination of those?
Decisiveness: does the innovation takes binding, non-binding or no decision at all?
Co-governance: is there involvement of the government in the process or not?
- Formalization
- embedded in the constitution/legislation
- Frequency
- sporadic
- Mode of selection of participants
- open
- Type of participants
- citizens
- Decisiveness
- democratic innovation yields a binding decision
- Co-Governance
- yes
Means
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Ends
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