Legal provisions for mandatory referendums at national level

Constitution of 1921 (last amended in 2003)

Art 96.

1. For the selection of judges, the Prince Regnant and the Diet shall refer to a joint commission chaired by the Prince, who shall have a casting vote. He may appoint as many members to this body as the Diet delegates representatives. The Diet shall appoint one member for each electoral group represented in it. The Government shall appoint the member of the Government responsible for supervising the administration of justice. The commission’s deliberations shall be confidential. The commission may only recommend candidates to the Diet with the Prince’s assent. If the Diet chooses the recommended candidate, he or she shall be appointed a judge by the Prince.

2. If the Diet rejects a candidate recommended by the commission and no agreement on a new candidate can be reached within four weeks, the Diet shall propose its own candidate and set a date for a referendum. In the event of a referendum, the citizens entitled to vote shall have the right to nominate candidates under the conditions of an initiative (Art. 64). If the vote concerns more than two candidates, a second ballot must be held pursuant to Art. 113 Para. 2. The candidate who receives the absolute majority of votes cast shall be appointed a judge by the Prince.

3. A judge appointed for a fixed period shall remain in office until his successor is sworn in.