Article 45 of the draft law specifies the issues on which a referendum cannot be called. It applies to referendums at all levels (national, provincial and local). The provision mainly deals with the need to ensure conformity of the text submitted to referendum with superior law, in accordance with the principle of the rule of law. It goes however somewhat further by forbidding to “reduce the achieved level of human and minority rights”. It is unclear how this provision is to be coordinated with Article 108 of the Constitution which (more broadly) prohibits the referendums on “laws pertaining with human and minority rights and freedoms”, as well as with “duties deriving from international treaties, fiscal and other financial laws, the budget and financial statement, introduction of the state of emergency and amnesty, as well as issues pertaining to election competences of the National Assembly. On the specific issue of human and minority rights, the Constitution appears broader on the one side (referendums cannot deal with human rights in general and not only with their limitation), but narrower on the other side (the exclusionary clause concerns “laws” and, apparently, not constitutional revisions). The definition of substantive limitations to the scope of the referendums could lead to electoral disputes. Therefore, these limitations have to be defined very clearly. The Venice Commission recommends clearly defining the issues which cannot be submitted to referendum, by restating the constitutional limitations in the law, as well as by making a clear distinction between those limitations which are linked to the subject matter of the referendum, on the one hand, and those linked to the respect for superior law and the rule of law, on the other hand. In particular, the reach of the restrictions regarding human rights should be harmonised with the Constitution.