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. 

In accordance with the Constitution and the Law on referendum and other forms of personal participation in the exercise of state power and local self-government, a referendum can be called:

  • a national referendum can be called by the Parliament of the Republic of Croatia and the President of the Republic of Croatia
  • the President of the Republic may, at the proposal of the Government and with the co-signature of the Prime Minister, call a referendum on a proposal to change the Constitution or on another issue that he considers important for the independence and survival of the Republic of Croatia
  • the Croatian Parliament may call a referendum on any proposal to amend the Constitution of the Republic of Croatia, bill or any other issue falling within its purview.
  • the Croatian Parliament shall call a referendum when so requested by ten percent of the total electorate of the Republic of Croatia
  • a national referendum must be called in order to make a decision on joining the Republic of Croatia in an alliance with other countries.

The referendum is decided by the majority of the voters who voted, with the condition that the majority of the total number of voters in the Republic participated in the referendum. The decision made at the referendum is binding. A law is passed on the referendum.

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. 

A local referendum can be called by the representative body of a local self-government unit.

The representative body of a local self-government unit, i.e. a unit of local administration and self-government, may, under the conditions prescribed by the Law on Local and Regional Self-Government and the statute, call a referendum on an issue within its self-governing scope on which the representative body has the right to make decisions.

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.

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Last updated 13/04/2024