Legal provisions for direct democracy at the local level

CONSTITUTION OF THE REPUBLIC OFECUADOR (2008)

http://pdba.georgetown.edu/Constitutions/Ecuador/english08.html

SECTION FOUR
Direct democracy

(Agenda Initiative)

Article 103. Grass-roots legal and regulatoryinitiatives shall be exercised to propose the creation, amendment or repeal oflegal regulations to the Legislative Branch of Government or any other bodythat has a regulatory jurisdiction. It must benefit from the backing of anumber accounting for no less than zero point twenty-five percent (0.25%) ofthe persons registered in the voter registration list of the correspondingjurisdiction.

Those who propose a grass-roots initiativeshall participate, by means of their representatives, in discussing the projectin the corresponding body, which shall have a term of one-hundred eighty (180)days to review the proposal; if the proposal is not reviewed within thosetime-limits, it will enter into force.

When it involves a bill, the President ofthe Republic shall be able amend the bill but not to veto it completely.

For the submittal of constitutionalamendment proposals, the backing of a number accounting for no less than onepercent (1%) of the persons registered in the voter registration list shall berequired. If the Legislative Branch does not review the proposal within a termof one year, the proposers will be able to request the National ElectoralCouncil to call for a referendum, without the need to provide the eight percent(8%) backing of those registered in the voter registration list. While onegrass-roots proposal to amend the Constitution is being processed, no other canbe submitted at the same time.

(Optional referendum)

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.

(Recall)

Article 105. All persons, in the exerciseof their political rights, will be able to recall elected authorities.

The request for recall can be submittedafter the first year and before the last year of the term of office for whichthe challenged authority was elected. During the term of office of anauthority, only one proceeding requesting his/her recall can be carried out.

The request for recall must be backed by anumber accounting for no less than ten percent (10%) of the persons registeredin the corresponding voter registration list. In the case of the President ofthe Republic, backing by a number accounting for no less than fifteen percent(15%) of the persons registered in the electoral registration list.

Article 407. Activities for the extractionof nonrenewable natural resources are forbidden in protected areas and in areasdeclared intangible assets, including forestry production. Exceptionally, theseresources can be tapped at the substantiated request of the President of theRepublic and after a declaration of national interest issued by the NationalAssembly, which can, if it deems it advisable, convene a referendum.

Ley Orgánica Electoral y de OrganizacionesPolíticas de la República del Ecuador, Código de la Democracia (Democracycode), del 27 de abril de 2009

http://idbdocs.iadb.org/wsdocs/getdocument.aspx?docnum=35394757

Article 195.-

(Citizen’s initiative)

La ciudadan?apodr? solicitar la convocatoria a consulta popular sobre cualquierasunto. Cuando la consulta sea de car?cter nacional, el petitoriocontar? con el respaldo de un n?mero no inferior al cinco por ciento depersonas inscritas en el registro electoral; cuando sea de car?cterlocal el respaldo ser? de un n?mero no inferior al diez por ciento delcorrespondiente registro electoral.