12/03/2024 Political Affairs and Democracy
At its meeting on 5 March in Paris, the PACE Political Affairs committee endorsed the Revised Code of Good Practice on Referendums, responding to concerns about the fairness and outcomes of national referendums. This endorsement builds upon Resolution 2251 (2019), where the Assembly highlighted the increasing use of referendums, the impact of digital media, and changes in political campaigning.
The Venice Commission, tasked with revising guidelines, emphasised the need for referendums to respect the rule of law and warned against using them to bypass constitutional safeguards. The resulting Revised Code, adopted in June 2022, addresses these concerns and incorporates developments observed in recent referendums held by Council of Europe member States.
Adopting the draft resolution based on the report by Isabel Meirelles (Portugal, EPP/CD), the committee acknowledged the diverse nature of constitutional systems and traditions and highlighted that the Revised Code “does not determine whether and under which circumstances recourse to referendums is desirable” but outlines necessary guarantees to align with international standards in human rights, democracy, and the rule of law. It applies to referendums at different levels of the state structure, with a primary focus on national referendums, “adapted to the reality of local and regional referendums, in conformity with national constitutional traditions”.
The committee's resolutions included welcoming and endorsing the Revised Code and recommending it to member and observer States, as well as those with partner for democracy status. The committee urged the parliaments to promote the guidelines, consider them in revising national rules, and engage in dialogue to “improve the existing national rules on referendums.”
The draft Resolution suggests that the Assembly should commit to playing a more active role in promoting the Code, for instance by encouraging discussions within political groups to enhance the legal framework for referendums. It is also proposed to hold debates on developing best practices, step up interparliamentary co-operation activities, and collaborate with the Venice Commission to review the Revised Code of Referendum and address any emerging issues.