Legal basis for direct democracy at the national level

Lithuania

Lithuania

Answer
  • Constitutional
  • Specific laws/legislation
Source

The Constitution provides the legal basisfor mandatory referenda (Art. 9, 71, 148, 149), optional referenda (Art. 9),citizens? initiatives (Art. 9, 71), and agenda initiatives (Art. 68, 147).

The Referendum Law provides the legal basis formandatory referenda, optional referenda, and citizens? initiatives.

The Law on Citizens? Legislative Initiativeprovides administrative requirements for agenda initiatives.

The Statute of the Seimas providesadministrative requirements for agenda initiatives (Art. 135-140).

The Law on the Procedure of Drafting of Republicof Lithuania Laws and Other Regulatory Enactments provides administrativerequirements for citizens? initiatives and agenda initiatives.

The Seimasis the name of the Lithuanian legislature.

CONSTITUTION OF THE REPUBLIC OF LITHUANIA

(Adopted1992; last amended 2006)

http://www3.lrs.lt/home/Konstitucija/Constitution.htm

Article 9

The most significant issues concerning the life of theState and the Nation shall be decided by referendum. In the cases established by law, the Seimas shallannounce a referendum. A referendumshall also be announced if not less than 300,000 citizens with the electoralright so request. The procedure for theannouncement and execution of a referendum shall be established by law.

Article 68

[?] Citizensof the Republic of Lithuania shall also have the right of legislativeinitiative. 50,000 citizens of the Republic of Lithuania who have the electoralright may submit a draft law to the Seimas and the Seimas must consider it.

Article 71

[?] A law or other act adopted by referendum must, within 5days, be signed and officially promulgated by the President of the Republic. If the President of the Republicdoes not sign and promulgate such a law within the specified period, the lawshall come into force after it is signed and officially promulgated by theSpeaker of the Seimas.

Article 147

A motion to alter or supplement the Constitution of theRepublic of Lithuania may be submitted to the Seimas by a group of not lessthan 1/4 of all the Members of the Seimas or not less than by 300,000 voters?

Article148

Theprovision of Article 1 of the Constitution ?the State of Lithuania shall be anindependent democratic republic? may only be altered by referendum if not lessthan 3/4 of the citizens of Lithuania with the electoral right vote in favourthereof. The provisions of the First Chapter ?The State of Lithuania? and theFourteenth Chapter ?Alteration of the Constitution? may be altered only byreferendum. Amendments of the Constitutionconcerning other chapters of the Constitution must be considered and voted atthe Seimas twice...

Article149

ThePresident of the Republic shall sign the adopted law on the alteration of theConstitution and officially promulgate it within five days. If the President ofthe Republic does not sign and promulgate such a law within the specified time,this law shall come into force when the Speaker of the Seimas signs andpromulgates it. The law on the alteration of the Constitution shall come intoforce not earlier than one month after its adoption.

REFERENDUMLAW

(Adopted 2002; lastamended 2012)

http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_e?p_id=437744

Article 1. Purpose of theLaw
This Law shall establish the procedure ofimplementing the right of the citizens of Lithuania to a referendum, the typeof referendum and initiation, announcement, organizing and conducting thereof.

Article 3. Types of Referendum

Mandatory and consultative (deliberative) referendumsmay be held in the Republic of Lithuania.

Article 6. ReferendumRequirements of Proposed Laws, Other Enactments and Draft Resolutions

1. A draft law which is being proposed for areferendum must conform to the requirements set forth by the Law on the Procedure of Draftingof Republic of Lithuania Laws and Other Regulatory Enactments.

2. The proposed draft resolution on a referendumshall indicate:

1) the type of referendum;

2) the text of the law proposed for a referendum,text of another enactment or text of an issue to be deliberated, which concernsan issue (resolution) on the life of the State or of the People;

Article 10. Registration of the InitiativeGroup of Citizens

1. The citizens shall implement the citizens? rightto call a referendum directly?

LAW ON CITIZENS? LEGISLATIVE INITIATIVE

(Adopted1998; last amended 2000)

http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_e?p_id=111993

Article1.

?is ?statymas nustato, kokia tvarka?gyvendinama pilie?i? ?statym? leidybos iniciatyvos teis? ir pilie?i? teis?teikti Seimui sumanym? keisti ar papildyti Lietuvos Respublikos Konstitucij?.

STATUTE OF THE SEIMAS

(Adopted 1994;last amended 2012)

http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_e?p_id=443859

Part V: Legislative Procedure;

Chapter XIX: Registration of Draftsof Laws and other Seimas Acts;

Article 135. Requirements for aDraft Submitted for Registration

2. A draft orproposal submitted to the Seimas for consideration must be signed by theinitiators thereof. When a draft law is submitted to the Seimas by citizens ofthe Republic of Lithuania in accordance with the right granted to them by theConstitution, it shall be signed by the representatives authorised by theinitiators; the draft shall be accompanied by citizens? signatures collected inaccordance with the procedure established by the law.

3. An explanatorynote shall accompany the draft law specifying the following:

9) the compliance of the draft law with the requirements of the Law onthe State Language, the Lawon Procedure for Drawing up Laws and Other Regulatory Acts?;

4. Initiators ofdraft laws shall attach to an explanatory note a comparative version of asubmitted draft amending a law, which sets forth the amendments?

LAW ON THE PROCEDURE OF DRAFTING OFREPUBLIC OF LITHUANIA LAWS AND OTHER REGULATORY ENACTMENTS

(Adopted 1995; last amended 1999)

http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_e?p_id=96262


Article 4. Drafting of a LegalAct
3. A legal act shall be deemed drafted if itcorresponds to the requirements set forth in Articles 5-12 of this Law.

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