According to Article 4 of the Bill, anyone who promotes citizens’ bills, popular initiatives or referendums, may request the President of the Provincial Council (i.e. the Consiglio provinciale) to be assisted in the drafting of the text. It seems that the political bodies cannot refuse such assistance. On the one hand, this could appear as problematic, and for various reasons: First, the President, due to party affiliation and other commitments and loyalties, might not act as a neutral advisor, or at least might not be perceived as such by the general public or by the promoters. Second, after having assisted in the drafting of the text, he or she will be biased (in favour or against the proposal) at a later stage, when the Assembly debates on whether to support the proposition. Third, the responsibility for the content and wording of a proposition lies with those who make it, and cannot be delegated to political bodies. Fourth, the concrete availability of the authorities is not unlimited and the unqualified obligation to assist the promoters, coupled to the quantitative increase of initiatives potentially deriving from the adoption of the Bill, might conceivably adversely affect the smooth functioning of the Presidency of the Council. On the other hand, institutions have to be assessed in concreto and not in abstracto. The fact that such a provision already exists for citizens’ bills[1] and does not appear to have led to criticism could be a point in favour of extending it.
[1] Article 20 of the Referendum Law.
