Legal provisions for direct democracy at the regional level
France
- Mandatory referendum
- Optional referendum
- Agenda initiative
CONSTITUTION OFFRANCE
(Adopted1958; last amended 2008)
ARTICLE72
The territorial communities of theRepublic shall be the Communes, the Departments, the Regions, the Special-Status communities and theOverseas Territorial communities to which article 74 applies. Any otherterritorial community created, if need be, to replace one or more communitiesprovided for by this paragraph shall be created by statute. (…)
ARTICLE 72-1. (Optional referendum and Agendainitiative)
The conditions in which voters in each territorialcommunity may use their right of petition to ask for a matter within the powers of the community to beentered on the agenda of its Deliberative Assembly shall be determinedby statute.
In the conditions determined by an Institutional Act, draft decisions or acts withinthe powers of a territorial community may, on the initiative of the latter, besubmitted for a decision by voters of said community by means of a referendum.
When the creation of a special-statusterritorial community or modification of its organisation are contemplated, adecision may be taken by statute to consult the voters registered in therelevant communities. Voters may also be consulted on changes to theboundaries of territorial communities in the conditions determined by statute.
ARTICLE 72-4. (Mandatory referendum and optionalreferendum)
No change ofstatus as provided for by articles 73 and 74 with respect to the whole or partof any oneof the communities to which the second paragraph of article 72-3 applies, shall takeplace without the prior consent of voters in the relevant community or part of a community being sought in themanner provided for by the paragraph below. Such change of status shall be madeby an Institutional Act.
ThePresident of the Republic may, on a recommendation from the Government whenParliament is in session or on a joint motion of the two Houses, published ineither case in the Journal Officiel, decide to consult voters in anoverseas territorial community on a question relating to its organisation, itspowers or its legislative system. Where the referendum concerns a change ofstatus as provided for by the foregoing paragraph and is held in response to arecommendation by the Government, the Government shall make a statement beforeeach House which shall be followed by debate.
