(Referenda)

1. Upon a proposal submitted by the Assembly of the Republic or the Government in relation to matters that fall within their respective competences, in the cases provided for and as laid down in the Constitution and the law, the President of the Republic may decide to call upon citizens who are registered to vote in Portuguese territory to directly and bindingly pronounce themselves by referendum.

2. Referenda may also result from the submission by citizens of an initiative to the Assembly of the Republic. Such initiatives shall be submitted and considered under the terms and within the time limits laid down by law.

3. Only important issues concerning the national interest which the Assembly of the Republic or the Government must decide by approving an international convention or passing a legislative act may be the object of a referendum.

4. The following are excluded from the scope of referenda: a) Amendments to the Constitution; b) Questions and acts with a budgetary, tax-related or financial content; c) The matters provided for in Article 161 of the Constitution, without prejudice to the provisions of the following paragraph; d) The matters provided for in Article 164 of the Constitution, except for the provisions of subparagraph (i).

5. The provisions of the previous paragraph do not prejudice the submission to referendum of important issues concerning the national interest that must be the object of an international convention pursuant to Article 161(i), except when they concern peace or the rectification of borders.

6. Each referendum shall only address one matter. Questions must be objectively, clearly and precisely formulated, shall solicit yes or no answers, and may not exceed a maximum number to be laid down by law. The law shall also lay down the other terms governing the formulation and effective implementation of referenda.

7. Referenda may not be called or held between the dates on which general elections for the entities that exercise sovereignty, elections for the self-government organs of the autonomous regions and for local government organs, as well as for Members of the European Parliament, are called and those on which they are held.

8. The President of the Republic shall submit all draft referenda submitted to him by the Assembly of the Republic or the Government, to compulsory prior review of their constitutionality and legality.

9. The norms contained in Article 113(1), (2), (3), (4) and (7) are applicable to referenda, mutatis mutandis.

10. Draft referenda that are refused by the President of the Republic or are negatived by the electorate may not be resubmitted during the same legislative session, save new elections to the Assembly of the Republic, or until the Government resigns or is removed.

11. Referenda only have binding effect when the number of voters exceeds half the number of registered electors.

12. Citizens who reside abroad and are properly registered to vote under the provisions of Article 121(2) shall be called upon to take part in referenda that address matters which specifically also concern them.

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