Spain

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Question Value
Legal provisions for mandatory referendums at national level
  • Yes
Legal provisions for optional referendums at national level
  • Yes
Legal provisions for citizens' initiatives at national level
  • No
Legal provisions for agenda initiatives at national level
  • Yes
Legal provisions for recall at national level
  • No
Legal provisions for direct democracy at the regional level
  • Mandatory referendum
  • Citizens' initiative
Legal provisions for direct democracy at the local level
  • Mandatory referendum
  • Optional referendum
  • Citizens' initiative
Legal basis for direct democracy at the national level
  • Constitutional
  • Specific laws/legislation
Legal basis for administrative requirements at the national level
  • Constitutional
  • Specific laws/legislation
Who administers direct democracy mechanisms at the national level?
  • Government
  • Independent electoral commission
First referendum/initiative held
  • 1947
Has there been a national referendum since 1980?
  • Yes

Question Value
Issues in relation to which referendums are mandatory at the national level
  • Constitutional amendments
Issues in relation to which referendums are optional at the national level
  • Any issue of national importance
Issues excluded from being the subject of referendums at the national level
  • None
Issues of sub-national referendums regulated at the national level
  • Creation/merger/abolition of sub-national territories
Who can initiate an optional referendum at the national level?
  • Government
  • Legislative majority
Who drafts the referendum question?
  • Mandatory referendum - Government
  • Optional referendum - Government
Who decides on the final form of the ballot text?
  • Mandatory referendum - Government
  • Optional referendum - Government
Quorum requirements for a referendum to be valid
  • Not specified by legislation
Requirements for a referendum to pass
  • Not specified by legislation
Are referendum results binding?
  • Mandatory referendum - always
  • Optional referendum - never

Question Value
Issues that can be proposed by citizens using the initiative process at the national level
  • Agenda initiatives - legislative proposals
Issues excluded from being the subject of an initiative at the national level
  • Constitutional amendments
  • Adoption of international treaties
  • Transfer of authority to international bodies
  • Taxes and public expenditure commitments
  • Amnesty and pardon
  • Issues concerning organic laws
Who may propose the registration of an initiative?
  • Agenda Initiative - Promotion Commission
Materials to accompany an application for registration
  • General explanation of the purpose
  • Full proposed text
Who determines the title of an initiative?
  • Agenda initiative - proponents of the initiative
  • Agenda initiative - legislature
What disqualifies a proposed title of an initiative?
  • Inconsistency with proposed content
  • Incomprehensibility
  • See also comments
Who is responsible for checking the legality of initiatives?
  • Legislature
  • Constitutional Court
At which stage legality check is conducted?
  • After its submission but before the vote on the initiative
Who decides the final ballot text when the initiative is put to a vote?
  • Not applicable
When does voting take place once an initiative is qualified for ballot?
  • Not applicable

Question Value
Which individuals/positions may be subject to the recall?
    What are the grounds for recall?
      What restrictions are there in relation to the time period in which an individual or position can be recalled?
        When is the recall put to the vote?
          When does the election to replace an individual who has been recalled take place?
            Can an individual who is the subject of a recall stand on the ballot for his/her own replacement?

              Question Value
              How many signatures are required to start the formal decision making stage of a direct democracy mechanism?
              • Agenda Initiative - fixed number
              What is the deadline for collecting required number of signatures?
              • Agenda Initiative - fixed time period
              Restrictions in relation to the individuals who can sign the proposal
              • Agenda Initiative - signatories must be registered
              Where can proposals be signed?
              • Anywhere
              • Electronically
              What information must signatories provide when signing the proposal?
              • Identity or voting card number
              • Authentication of signatures
              Restrictions in relation to signature collection
              • Not specified by legislation
              What forms of checks are undertaken to verify signatures?
              • All signatures are checked
              Who checks the signatures?
              • Another government agency