Issues in relation to which referendums are optional at the national level

Guinea

Guinea

Answer
  • Constitutional amendments
  • Adoption of international treaties
  • Any issue of national importance
Source

Constitution 2010

Article 51.

The President of the Republic may, after consultation with the President of the National Assembly, submit to referendum any bill of law concerning [portant sur] the organization of the public powers, the promotion and the protection of the fundamental freedoms and rights, or the economic and social action of the State, or tending to authorize the ratification of a treaty.

He must, if the National Assembly demands it by a resolution adopted by a majority of two-thirds of the members that compose it, submit to referendum any proposal of law concerning [portant sur] the organization of the public powers or concerning the fundamental freedoms and rights.

Before convoking the electors by decree, the President of the Republic obtains the opinion [avis] of the Constitutional Court on the conformity of the bill or the proposal of law to the Constitution.

In the case of non-conformity, it may not proceed to the referendum.

The Constitutional Court sees to the regularity of the operations of the referendum.

When the referendum has concluded in the adoption of the bill or of the proposal of law, the law so adopted is promulgated within the conditions specified in Article 78.

Article 152.

The initiative of the revision of the Constitution belongs concurrently to the President of the Republic and to the Deputies.

To be taken into consideration, the bill or the proposal of revision is adopted by the National Assembly by the simple majority of its members. It does not become definitive until after having been approved by referendum.

Nevertheless, the bill of revision is not presented to referendum when the President of the Republic decides to submit it to the National Assembly alone. In this case, the bill of revision is approved by a majority of two-thirds of the members composing the National Assembly. It is the same for the proposal of revision that would have to obtain the approval of the President of the Republic.

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