Effects of referendums

66. If electors are to cast an informed vote, it is essential for them to be informed of the effects of their votes. For instance, it must be clearly specified in the Constitution or by law whether referendums are legally binding or consultative (point III.8.a, cf. point I.3.1.c on free suffrage).

67. Where a referendum concerns a question of principle or a generally worded proposal, it may be difficult for voters to know the consequences of their vote. Voters should therefore be informed about the proposed follow-up in advance of the vote (point III.8.b).

68. In the case of a legally binding referendum on a question of principle or a generally worded proposal, it is up to Parliament to implement the people’s decision. Parliament may be obstructive, particularly where its direct interests are affected (reducing the number of members of Parliament or the allowances paid to them, for example). In order to avoid such obstruction, the procedure for follow-up to binding referendums on questions of principle or generally worded proposals should be laid down in specific rules (point III.8.c). It should be possible to appeal before the courts in the event that the Parliament fails to act.

69. In the case of consultative referendums, the executive or legislature should at least recommend a course of action (point III.8.a).