Legal basis for administrative requirements at the national level

PoliticalConstitution of Peru (Constitución Política del Per?)

http://aceproject.org/ero-en/regions/americas/PE/peru-constitution-as-amended-to-1993-english/view

Agenda initiative & Recall

Article 31

Citizens are entitled to takepart in public affairs by means of referendum, legislative

initiative, and removal fromoffice or revocation of authorities and the right to demand

accountability. They also havethe right to be elected and to freely elect their

representatives in accordancewith the provisions and procedures set forth by the Act.

It is a right and a duty ofresidents to participate in the municipal government of their

jurisdiction. The law governs andpromotes direct and indirect mechanisms of this

participation.

Every citizen has the right tovote in enjoyment of his civil capacity. For the exercise of

this right, it is required to beproperly registered.

Voting is personal, equal, free,secret and compulsory up to the age of seventy years and

optional after this age. The lawestablishes the mechanisms to guarantee the neutrality

of the State during elections andcitizen participation processes.

Any act that prohibits orabridges citizenship from the exercise of rights, shall be null

and punishable.

Optional referendum

Article 32

A referendum may be held on thefollowing:

1. partial or complete amendmentof the Constitution;

2. approval of binding rules;

3. municipal ordinances; and

4. matters on thedecentralization process.

Abolition or abridgement of the fundamentalrights of the person may not be submitted

to referendum;neither tax and budget rules, nor international treaties in force.

Mandatory Referendum

Article 206

Any initiative of constitutionalreform must be adopted by Congress with the vote of the

absolute majority of the legalnumber of its Members and said reform must be ratified

by a referendum. The referendummay be exempted when the consent of Congress is

obtained in two successiveregular sessions with a favorable vote, in each case, greater

than two-thirds of the legalnumber of Members of Congress. A law concerning a

constitutional reform shall notbe objected by the President of the Republic.

The right to initiate aconstitutional reform corresponds to the President with the

approval of the Cabinet, toMembers of Congress; and to a number of citizens

equivalent to 0.3 percent of thevoting population, with their signatures being verified by

the correspondingelectoral authority.

Law26300 on the Citizens’ Rights of Participation and Control (Ley 26300 de losderechos de participaci?n y control ciudadanos)

http://www.congreso.gob.pe/ntley/Imagenes/Leyes/26300.pdf