Home > 5.1.1 Mandatory referendum > SERBIA - Urgent Opinion on the Draft Law on the Referendum and the People's Initiative
 
 
 
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The current text of Article 9 on mandatory referendums (mainly constitutional ones) declares that the National Assembly and others are “obliged to make a decision on calling a referendum regarding an issue for which the Constitution or law . . . stipulates that citizens may decide on it by means of a referendum” (emphasis added). In contrast, Article 10 requires that when “a majority of the total number of all members of parliament, ambassadors [recte: members of provincial assemblies] or councilors” requests a referendum, “the National Assembly . . . shall be obliged to call a referendum” (emphasis added). The Venice Commission recommends a revision of these terms, to clarify when it is in fact mandatory for a referendum to be held.