Real Goal or Plaything?

An Analysis of the Fate of National Referendum Initiatives Certified with Final and Binding Effect, National Referendum Initiatives and Local Referendums the Date of Which Was Set (2014–2023)

Abstract

The aim of this study is to take stock of the trend in the use of this exceptional instrument of power at local and national level since the entry into force of Act CCXXXVIII of 2013 on initiating referendums, the European Citizens’ Initiative and referendum procedure (hereinafter: Nsztv.), which reformed the local and national referendum procedure. Has the legislation aimed at a unified procedural system pushed the institution of local and national referendums in the same direction, i.e. do we see similar behaviour and exercise of rights by the initiators and the electoral bodies concerned, regardless of the territorial scope, or on the contrary, depending on whether the initiative is a local or a national referendum, the initiatives follow a different path, despite the similar framework created by the legislation in force? This raises the question as to whether the fate of a referendum initiative is determined by the level at which it is intended to make the electorate take a decision (municipal/regional or national). A comparative analysis of the types of referendums leads to the conclusion that, while local referendums have basically preserved the institutional purpose, national referendums often serve different political purposes. Indeed, in the case of the former, the organisers seek a sovereign decision on a practical issue affecting the life of the community, with the aim that the community will make a decision with practical consequences in accordance with their intentions. The figures show that, if not in the majority of cases, there is a realistic chance that local referendum initiatives will be successful. In contrast, since the entry into force of the Nsztv., no national referendum initiative initiated by voters has reached the referendum stage. National referendum questions typically do not even pass the validation procedure. However, there have been some questions where the organisers have been able to start collecting signatures but have not been successful. In several of these cases, the ‚activity’ of the organisers showed that there was perhaps no real intention behind the initiative.