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SaS: Referendum Results Are Binding, President Was Wrong
Friday 16 July 2010 Zoom in | Print page
Bratislava, July 16 (TASR) - The results of a referendums are binding and have to be proclaimed in the same way as a law, said representatives of the Freedom and Solidarity (SaS) party on Friday, rejecting President Ivan Gasparovic's opinion that MPs aren't obliged to respond.
Robert Mistrik, member of the SaS petition committee that collected signatures for an SaS referendum initiative, stressed that Gasparovic is trying to rid himself of the responsibility for the situation and shunt it elsewhere. "He is casting doubt on the most democratic institution there is. He claims that a referendum isn't binding, and that this specific one is unnecessary. We view this as scandalous. It's disturbing to describe a citizen's right to participate in governing public affairs as unnecessary," said Mistrik at a press conference.
Gasparovic said recently that the parliamentary chairman has to submit the results of a referendum to Parliament, but MPs can act on the basis of their own knowledge and beliefs, and aren't restricted by any orders. Such referendums are dangerous, therefore, he said.
Former constitutional judge Jan Drgonec claims that participation in public affairs is a basic right enshrined in the Constitution. "This enables people to take part in elections, but it's also valid during the electoral term," he said, adding that if a referendum is successful, it has to have legal effect.
"The proposals adopted in a referendum are proclaimed in the same manner as a law. From this point of view, the president provided a mistaken piece of information when he spoke about the beliefs of MPs and their independence in carrying out their mandates," said Drgonec. Parliament has no right at all to decide on a proposal adopted in a referendum ... The results are published in the Code and aren't subject to the signature of the parliamentary chairman, president or the approval of MPs," he added.
Mistrik conceded that some of the referendum questions are included in the programme theses of the new Government anyway, but noted that not all of them are. "For example, [restricting MPs'] immunity requires a constitutional majority [two thirds of MPs], which the Coalition doesn't have, while the Opposition has implied that it wouldn't support this," stated Mistrik, adding that in this specific case a referendum will probably be the only way to push through a law.
Mistrik thinks that reducing the required minimum turnout in a referendum, which is currently 50 percent of eligible voters, would be a good idea as well. He pointed to the fact that turnouts in Slovakia are traditionally quite low and that it's possible to form a government based on a turnout of around 50 percent. "We have it encoded from the Communism era that only the majority can decide about everything," he added.
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