Parallelism in procedures and rules governing the referendum

52. When the referendum is legally binding, the authorities must respect the people’s decision. The guidelines provide, for instance, that for a certain period of time (up to the end of the legislature) a text rejected in a referendum may not be adopted by a procedure without referendum. A similar rule applies to the revision of a provision approved in a referendum (point III.4.a.i-iii).

53. Two exceptions are provided for:

- where the Constitution provides for a referendum on a total revision of a text (in practice, the Constitution itself) but not on partial revision, a partial revision of that text does not necessarily have to be put to a popular vote (point III.4.a.iv); the partial revision must abide by the principle of unity of content, which should prevent abuses;
- Parliament may revise a legal norm superior and contrary to a norm adopted by the popular vote without a referendum; it is entitled to do so in accordance with the principle of hierarchy of legal rules,34 but this should be avoided for a certain period of time (point III.4.a.v).

54. The foregoing requirements of course do not apply to consultative referendums.

55. The adoption of a text at the request of an authority other than Parliament, such as the head of state or government, must not freeze the legal situation indefinitely. Accordingly, the guidelines provide that such a text may be revised either by parliamentary means or at the request of a section of the electorate, where applicable after the expiry of a certain period of time (point III.4.c). When a text is adopted as the result of a popular initiative, it must be possible for the people to pronounce on the issue again at the request of another popular initiative, at least after the expiry, where applicable, of a certain period of time (point III.4.b). This does not exclude the competence of the Parliament to decide on the matter after such period of time.

56. Proposals to restrict the constitutional possibility to hold referendums should enjoy direct popular legitimacy, i.e. it is advisable that they be put to a referendum, compulsorily or at the request of a section of the electorate. In any event, should Parliament wish to introduce a measure limiting popular rights, it should have the power to do so only by means of a measure submitted to one of these forms of referendum (point III.4.d).