REFERENDUM
comments Rebirth Civic
earliest observations to the draft "Rules for the conduct of referenda and other initiatives to participate"
1) In general you should note that the regulation of the City Grottaglie must first be consistent with the predictions of the Statute of the City.
2) E 'is well known that the municipal statute, the new institutional and constitutional system of Local Government, takes the form of regulatory action of atypical paraprimario rank or sub prime, placed in a position of primacy over secondary sources of Regulations and under the law of substance, as they sought to establish the basic standards and to put an organization of the general criteria for its operation, to be developed in the regulations (see Cass. Civ. Sec. A. 6/16/2005 No 12868).
3) E 'therefore need to keep in mind that the second paragraph of Article 6. 51 of the Charter Municipal Grottaglie, the perimeter area of \u200b\u200bintervention of the implementing regulation of the institution of the referendum, in particular by limiting the determination of the "further implementation" and the discipline of "process to verify the regularity and eligibility of claims referendum. "
4) That said, the municipal regulation implementing institution referendum as described in the Charter of the City of Grottaglie, can not and must not have other duties, nor, especially, can add restrictions or limitations on recourse to 'Institute Advisory referendum, as well as clear from the municipal statute or by general principles, which do not appear to be justified by the need to simply ensure the implementation modalities of the referendum or to verify the regularity and eligibility of applications of the same referendum.
5) In this perspective, it seems legitimate to resort to the restriction of the Institute referendum limited to only three questions to be proposed annually, as follows from Articles. 2, 3 and para 10 of the draft regulation, or restriction to allow the same organizing committee can not propose more than one referendum question (Article 7, paragraph 2 of draft Regulation).
6) This is because of the restrictions and limitations that would reveal just where you need to insist on their estimate, a sort of "fear of democracy," and represent only the will to build a kind of "bureaucratic wall" erected essentially to "defend itself" from instances of democratic participation.
7) Indeed, not only the municipal statute and the most obvious and elementary principles of democratic participation, primary principles, to be ineligible for subordinated to other interests (and places known to be the foundation of so-called "primary" that are carried out by some political forces in their choice of candidates in competitive elections), but also the logic and common sense prevent the restriction of the possibility of using the institute referendum just three questions to be proposed to limit the annual or proposal from the same Committee promoter only one referendum question.
8) Indeed, if the referendum at a cost (a cost and have it for sure), why (do not come cheap!) Provide more referendums (although at a distance of at least one year the 'each other) but if it is possible to combine in a single referendum questions all the same? And why not also allow the same organizing committee to gather together all the necessary signatures for the proposition of the questions?
9) Nor is it permissible to justify such restrictions, claiming that the people get confused before seven, eight, nine or ten referendum questions.
10) would be unacceptable and intolerable to even think you can tell, on the one hand, the public policy professionals, presumptively (or rather presumptuously) capable of doing and undoing in politics and administration of public affairs, and on the other hand, citizens are not professional politicians, "incapable" and "Obtuse", which would not be able to read and decide anything about the political choices and / or administrative.
11) Moreover, there is no reason why even those who sit in a council or a municipal council can pick and choose, even in the same meeting of council or city council, six, seven, eight, nine or ten issues on the agenda, or even choose and decide on hundreds of issues a year, while the rest of the citizens would be able to choose and decide to propose on only three, at most, issues a year!
12) Moreover, it is good to keep in mind that by municipal referendum would exit just simply a proposed resolution of the City Council. A proposal is certainly important and influential by definition, as coming directly from the electorate, but still a proposal before which the City Council, elected and legitimized by the same electoral body, must still assess whether and how it actually follow a decision his own.
13) There may be, indeed, even cases of referendum questions that could give substance to proposals for deliberation by the City Council are extremely harmful or dangerous for the most varied and unpredictable profiles, which brought in the City Council may, justifiably, also refuse to act, unless of course adequately and convincingly justify its decision.
14) Moreover, when many were proposed referendum questions, the solution in such cases, it can never be to restrict the rights of democratic participation. Indeed, apart from the fact that this would be a very serious infringement of the rights of democratic participation, rights, as stated, to rank primary to be ineligible for subordinated to other interests (including economic), however, in such circumstances would be all 'as possible and must play just two or three referendums in two or three separate days, rather than forcing the rights of democratic participation in the narrow limit of three referendum questions to be proposed annually, or nell'altrettanto narrow limit of a single referendum question be proposed by the organizing committee.
0 comments:
Post a Comment