Are referendum results binding?

Portugal

Portugal

Answer
  • Mandatory referendum - always
  • Optional referendum - always
Source

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.

11. Referenda only have binding effect when the number of voters exceeds half the number of registered electors.

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 240. Binding efficacy

Referenda only have binding effect when the number of voters exceeds half the number of electors registered on the electoral roll.

Article 241. Duty to act on the part of the Assembly of the Republic or the Government

If voting results in an affirmative answer with binding efficacy to the question or questions submitted to referendum, the Assembly of the Republic or the Government shall, within a time limit of at most ninety or sixty days respectively, approve the international agreement or pass the legislative act with the corresponding outcome.

Comment

Referendums results are binding provided that the number of voters exceeds half the number of electors registered on the electoral roll.

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