Issues excluded from being the subject of referendums at the national level

CONSTITUTION OF THE REPUBLIC OFECUADOR (2008)

http://pdba.georgetown.edu/Constitutions/Ecuador/english08.html

Article 104. The corresponding electoralbody shall convene a referendum as ordered by the President of the Republic,the supreme authority of decentralized autonomous governments or citizeninitiative.

The President of the Republic shallinstruct the National Electoral Council to convene a referendum on mattershe/she deems advisable.

Decentralized autonomous governments, onthe basis of a decision taken by three fourths of their members, can requestthat a referendum be convened on issues of interest for their jurisdiction.

Citizens will be able to request the callfor a referendum on any matter. When the referendum is nationwide, thepetitioner must reckon with the backing of a number accounting for no less thanfive percent (5%) of the persons registered in the voter registration list;when the referendum is local, it must be backed by a number accounting for noless than 10% of the corresponding voter list.

When the referendum is requested byEcuadorians abroad, for matters of interest to them and involving theEcuadorian State, it shall require the backing of a number accounting for noless than five percent (5%) of the persons registered on the voter registrationlist of their special voting precinct.

Referendums requested by the decentralizedautonomous governments or the citizenry shall not be able to refer totax-related matters or the country’s political and administrative structure,except for what is provided for in the Constitution.

In all cases, a previous ruling by theConstitutional Court on the constitutionality of the proposed questions shallbe required.

Taxand issues referred to the political organization of the country are excludedbut only in the case of referendums initiated by citizens. If referendum isinitiated by the President, no issues are excluded