Who can initiate an optional referendum at the national level?

Constitution (7th revision, 2005)

Article 115 (Referenda)

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.

2. Referenda may also result from the submission by citizens of an initiative to the Assembly of the Republic. Such initiatives shall be submitted and considered under the terms and within the time limits laid down by law.

Article 167 (Initiative in relation to laws and referenda)

1. The competence to initiate laws and referenda lies with Members of the Assembly of the Republic, parliamentary groups and the Government, and also, under the terms and conditions laid down by law, with groups of registered electors. The competence to initiate laws in relation to the autonomous regions lies with the respective Legislative Assemblies.

Legal Regime governing Referenda (Law no. 15-A/98 of 3 April 1998, last amended by Organic Law no. 3/2017 of 18 July 2017)

Rules of Procedure of the Assembly of the Republic (as of 22 January 2018)

Article 92. Requisites and conditions for voting

1 - Decisions shall be taken using the plurality system and, save in cases especially provided for in the Constitution or these Rules of Procedure, require the presence of the majority, as laid down by law, of all the Members of the Assembly of the Republic in full exercise of their office, which must have been verified in advance using the electronic voting mechanism and must have been announced by the Bureau.

By Article 23(1) of the Legal Regime governing Referenda and Article 167(1) ofthe Constitution, the Council of Ministers can propose a referendum. Under Articles 12(1) and (2) of the Legal Regime governing Referenda, the Rules of Procedure for the Assembly of the Republic govern the discussion and voting of proposals for referendums in plenary session. Article 92(1) of the Rules of Procedure note that decisions are taken by plurality system in plenary sessions. Registered electors can initiate a referendum by submitting a request to Parliament. Articles 10-15 of the Legal Regime governing Referenda note that a popular proposal to hold a referendum takes the form of a draft resolution that will be discussed and voted on in the plenary sessions of the legislature. Article 20(8) notes that the legislature is obligated to vote on the popular proposal. Article 21 notes that the legislature can reject the popular initiative. By Article 115(10) of the Constitution, the President can refuse the legislature or the government’s proposal to hold areferendum. The President cannot initiate an optional referendum, but his or her consent is needed for referenda to take place. Articles 26 and 34 of the Organic Law provide details on the President’s role in calling a referendum.