Legal provisions for citizens' initiatives at national level

Constitution of Venezuela (1999)

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Article 74: Statutes whoseabrogation are requested on the initiative of a number of voters constitutingat least 10% of the voters registered in the civil and electoral registry, orby the President of the Republic taken at a meeting of the Cabinet, shall besubmitted to a referendum for its abrogation in whole or in part.

Decrees withthe force of law issued by the President of the Republic, making use of theauthority prescribed under article 236, section 8 of this Constitution, mayalso be submitted to an abrogatory referendum, when it is requested by a numberof voters constituting at least 5% of the total number of voters registered inthe civil and electoral registry. In order for the abrogatory referendum to bevalid, a number of voters constituting at least 40% of the total number ofvoters registered in the civil and electoral registry shall be essential.

It shall notbe possible to submit budget laws to an abrogatory referendum, neither thoseestablishing or modifying taxes, relating to public credit, to amnesty, theprotection, guaranteeing and developing human rights, nor those which ratifyinternational treaties.

There shallnot be more than one abrogatory referendum on the same matter during the sameconstitutional term.

Title IX: Constitutional reforms (Art. 340-350)

Chapter I: Amendments

Article 341: The procedure foradopting amendments to the Constitution shall be as follows:

(1) The initiative may emanate from 15% of the citizensregistered with the Civil and Electoral Registry, from 39% of the members ofthe National Assembly or from the President of the Republic, sitting with theCabinet of Ministers.

(2) When the initiative emanates from the NationalAssembly, the amendment shall require approval by a majority of the members ofthat body, and shall be debated in accordance with the procedure establishedunder this Constitution for the enactment of laws.

(3) Electoral Power shall submit the amendments to areferendum within 30 days of formally receiving the same.

(4) Amendments shall be deemed approved in accordancewith the provisions of this Constitution and the law concerning the approvalreferendum.

(5) Amendments shall be numbered consecutively and shallbe published beneath the Constitution without altering the text of the latter,but with an annotation at the bottom of the amended article (s) of the numberand date of the amendment modifying the same.