Issues that can be proposed by citizens using the initiative process 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.

3. Only important issues concerning the national interest which the Assembly of the Republic or the Government must decide by approving an international convention or passing a legislative act may be the object of a referendum.

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).

5. The provisions of the previous paragraph do not prejudice the submission to referendum of important issues concerning the national interest that must be the object of an international convention pursuant to Article 161(i), except when they concern peace or the rectification of borders.

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)

Article 16: Holders of the right

Referenda may result from initiatives that are addressed to the Assembly of the Republic by Portuguese electors who number at least sixty thousand and are properly registered on the electoral roll in Portuguese territory, as well as by citizens referred to in Article 37(2) with regard to the matters provided for therein.

Legislative Initiative by Citizens (Law no. 17/2003 of 4 June 2003, last amended by Law no. 52/2017 of 13 July 2017)

Article 2: Holders of the right

Citizens who are definitively registered on the electoral roll in Portuguese territory or abroad are holders of the right to initiate legislation.

Article 3: Object

The object of legislative initiatives submitted by citizens may be any of the matters included in the Assembly of the Republic’s legislative competence, save:

a) Amendments to the Constitution;

b) Those which the Constitution reserves to the Government;

c) Those which the Constitution reserves to the Azores and Madeira Regional Legislative Assemblies;

d) Those provided for in Article 164 of the Constitution, with the exception of subparagraph (i);

e) Generic amnesties and pardons;

f) Those with a budgetary, tax-related or financial nature or content.