Who can initiate an optional referendum at the national level?

Denmark

Denmark

Answer
  • Legislative majority
  • Legislative minority
Source

Constitution(1953)

Section42

(1) Wherea Bill has been passed by the Folketing, one-third of the members of theFolketing may, within three weekdays from the final passing of the Bill,request of the President that the Bill be submitted to a referendum. Suchrequest shall be made in writing and signed by the members making the request.

(6) FinanceBills, Supplementary Appropriation Bills, Provisional Appropriation Bills,Government Loan Bills, Civil Servants (Amendment) Bills, Salaries and PensionsBills, Naturalization Bills, Expropriation Bills, Taxation (Direct and

Indirect) Bills, as well as Bills introduced for thepurpose of discharging existing treaty obligations shall not be submitted todecision by referendum.

This provision shall also apply to the Billsreferred to in sections 9, 8, 10, and 11, and to such resolutions as areprovided for in section 19, if existing in the form of a law, unless it hasbeen prescribed by a special Act that such resolutions shall be submitted toreferendum. Amendments to the Constitutional Act shall be governed by the ruleslaid down in section 88.

Comments:

Factsand Figures: Referenda

http://www.ft.dk/Dokumenter/Publikationer/Engelsk/~/media/Pdf_materiale/Pdf_publikationer/Informationsark/Engelsk/Referenda.pdf.ashx

Section 42, Subsection 6 of the CA states that Billsratifying international treaties can be put to a referendum if the DanishParliament decides to try the ratification in a referendum by introducing aseparate Bill.

Consultative referenda

As consultative referenda are not mentioned in the CA,the Danish Parliament can at all times decide to hold them. As is evident fromthe term “consultative”, the Danish Parliament is not bound to abide by to theoutcome of such a referendum. If the decision is to be binding, the provisionsof the CA must be observed.

A consultative referendum has only been held once,i.e. in 1986 when a vote was held on the EC package.

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