Home > 5.3 Validity of the question > SERBIA - Urgent Opinion on the Draft Law on the Referendum and the People's Initiative
 
 
 
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Paragraph 27
 

In the case of an advisory referendum, the Assembly “is obliged” to make a special statement on the acceptance or non-acceptance of the obtained opinion of the citizens (Article 13.2). This provision aims at clearly specifying the effects of the referendum, in conformity with the Guidelines (III.8.a). It should be added that, if the advisory referendum is not on a draft law but on a generally worded proposal, the result of the referendum can have implications for various decisions adopted by the parliament. Parliament could therefore point out its reasoning in explanatory reports without an obligation to adopt by a vote a special statement. Anyway, such a statement does not have legal effect and parliament may (e.g. after elections) reconsider its opinion. The reference to the “validity” of a decision taken by an advisory referendum could also be confusing (Article 2.5).