Who decides on the final form of the ballot text?

Legal Regime governing Referenda (Law no. 15-A/98 of 3 April 1998, last amended by Organic Law no. 3/2017 of 18 July 2017)

Article 26 Initiative

Within the eight days following publication of a resolution of the Assembly of the Republic or the Council of Ministers, the President of the Republic shall submit the draft referendum to the Constitutional Court for the purposes of a prior review of its constitutionality and legality, to include consideration of the requisites regarding the respective electoral universe.

Article 28 Effects of decision

1 – If the Constitutional Court finds that the draft referendum is unconstitutional or illegal, particularly for failing to respect the norms regarding the electoral universe, the President of the Republic may not promote the calling of a referendum and shall return the draft to the entity that formulated it.

2 – The Assembly of the Republic or the Government may reconsider and reformulate its draft, expunging the unconstitutionality or illegality from it.

3 – Within a time limit of eight days following publication of a reformulated draft referendum, the President of the Republic shall submit it to the Constitutional Court for a new prior review of its constitutionality and legality, to include consideration of the requisites regarding the respective electoral universe.

4 – In the case of a popular referendum initiative, within a time limit of eight days counting from the date on which he knows the Constitutional Court’s decision, the President of the Assembly of the Republic must communicate that decision to the representatives of the group of citizens who subscribed the initiative.

TITLE V Special rules governing referenda regarding the de facto institution of the administrative regions

Article 245: Legal nature

Such a referendum is obligatory in nature.

Article 246: Object

The object of such a referendum is the de facto institution of the administrative regions.

Article 247: Proposal and decision

1 – The decision whether to call pertains to the President of the Republic, upon a proposal from the Assembly of the Republic.

2 – The provisions of the previous paragraph do not prejudice the Government’s right to submit initiatives to the Assembly of the Republic.

Article 248. Review and consideration by the Constitutional Court

The Constitutional Court shall verify the constitutionality and legality of the referendum in advance, to include consideration of the requisites regarding the respective electoral universe.

Mandatory referendum: Article 248 stipulates that the Constitutional Court must verify the constitutionality of the proposed referendum. Optional referendum: Articles 26 and 28. Once the process is initiated by the legislature or the Council of Ministers, the President must forward the proposal to the Constitutional Court. The court verifies whether the proposed referendum question(s) are illegal or unconstitutional. If the proposal is rejected by the court, it is returned to the agency or actors which initiated the proposal for revision. In effect, the Constitutional Court decides on the final form of the referendum question in both mandatory and optional referenda.