Legal provisions for direct democracy at the regional level

Constitution (7th revision, 2005)

Article 115 (Referenda)

13. Referenda may be regional in scope, in accordance with Article 232(2).

TITLE VII: Autonomous Regions

Article 225 (Political and administrative system in the Azores and Madeira)

1. The specific political and administrative system applicable in the Azores and Madeira archipelagos shall be based on their geographic, economic, social and cultural characteristics and on the island populations’ historic aspirations to autonomy.

2. The autonomy of the regions is designed to ensure their citizens’ democratic participation, economic and social development and the promotion and defence of regional interests, as well as the strengthening of national unity and of the bonds of solidarity between all Portuguese.

Article 232 (Responsibilities of Legislative Assemblies of autonomous regions)

2.The Legislative Assembly of each autonomous region shall be responsible for submitting draft regional referenda by means of which the President of the Republic may call upon the citizens who are registered to vote in the region’s territory to pronounce in binding fashion on questions that are of important specific interest to the region. The provisions of Article 115 shall apply to such referenda, mutatis mutandis.

TITLE VIII: Local Government

Article 236 (Categories of local authority and administrative division)

1. On the mainland, local authorities shall comprise parishes, municipalities and administrative regions.

2. The Azores and Madeira autonomous regions shall comprise parishes and municipalities.

Article 240 (Local referenda)

1. In such cases, under such terms and with such effect as the law may lay down, local authorities may submit matters that are included within the responsibilities of the local authority bodies to referendum by those of their citizens who are registered to vote.

2. The law may grant the right to initiate referenda to registered electors.
 

Portugal is divided into administrative regions on the mainland and the two autonomous regions ofthe Azores and Madeira. The constitution provides for optional referenda at the first-tier regional level in both mainland regions (Article 240) and the two autonomous regions (Articles 115(13), 232(2)).