A referendum is a public vote by which voters decide on a set question/s. Referendums are one of the most direct forms of democracy and may, therefore, reflect civic participation to a relatively greater degree than less direct forms.
It is standard for the law to prescribe a set of classes of legislative action, such as constitutional amendments, which must always be referred to a popular vote. Another of the most common ways in which a referendum can be triggered is by an initiative, through which a set number of voters petition to invoke a popular vote to decide on a proposed law or an amendment to a constitution. Such initiative may be either direct, meaning that a legislative proposal is submitted directly to a popular vote, or indirect, meaning that the proposal is first submitted to the legislature.
Mandatory and consultative (advisory) referendums can be held in the Republic of Lithuania.
In accordance with the Constitution and the Constitutional Law on Referendum, mandatory referendums are held on the following issues:
- regarding the amendment of the provision “The State of Lithuania shall be an independent democratic republic” of Article 1 of the Constitution
- regarding the amendment of the provisions of Chapter I “The State of Lithuania” of the Constitution
- regarding the amendment of the provisions of Chapter XIV “The Alteration of the Constitution” of the Constitution
- regarding the amendment of the Constitutional Act "On the Non-Joining of the Republic of Lithuania to the Post-Soviet Eastern Unions"
- regarding the amendment of the Constitutional Act "On the State of Lithuania"
- regarding the amendment to the articles 1 and 2 of the Constitutional Act "On Membership of the Republic of Lithuania in the European Union"
- regarding the participation of the Republic of Lithuania in international organizations, if this participation is related to the partial transfer of the competence of Lithuanian state bodies to the institutions of international organizations or their jurisdiction
Mandatory referendums can also be held on other laws or their provisions, which are proposed to be considered by referendum by 300,000 citizens with the right to vote or by the Parliament.
The budget and laws concerning loans, taxes, customs duties, railroad tariffs, military conscription, the declaration or commencement of war, peace treaties, the declaration of a state of emergency and its termination, mobilisation and demobilisation, as well as agreements with other nations, may not be decided by a referendum. The law does not foresee the possibility of holding local (municipal) referendums.
What human rights violation may there be?
If you are either directly or indirectly being prevented from voting, including if your need to vote at home, at a hospice, or a place of imprisonment is not being accommodated in accordance with the law, or if the referendums themselves are not fair, your right to vote and more generally your right to free elections may have been violated.