Issues in relation to which referendums are optional 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.

Article 420. The ratification of treatiescan be requested by referendum, citizen initiative or the President of theRepublic.

Denunciation of a treaty that has beenadopted shall pertain to the President of the Republic. In the event ofdenunciation of a treaty adopted by the citizenry in a referendum, the sameprocedure that adopted the treaty shall be required.

Article 441. The amendment of one orvarious articles of the Constitution that does not alter the fundamentalstructure or the nature and constituent elements of the State, does not setconstraints on rights and guarantees, and does not change the procedure foramending the Constitution shall be carried out as follows:
1. By means of a referendum requested by the President of the Republic or bythe citizenry with the backing of at least eight percent (8%) of the personsregistered in the voter registration list.
2. At the initiative of a number accounting for no less than one third of themembers of the National Assembly. The bill of amendment shall be processed intwo discussions; the second discussion shall be held, without delay, no laterthan thirty (30) days after a year has elapsed since the start of the firstdebate. The amendment shall only be adopted if it is supported by two thirds ofthe members of the National Assembly.