Full! Keywords: opinion, informed, effects, funding, annulled, binding, stage, consultative.
3.1. Freedom of voters to form an opinion
c. The question put to the vote must be clear; it must not be misleading; it must not suggest an answer; electors must be informed of the effects of the referendum; voters must be able to answer the questions asked solely by yes, no or a blank vote.
24. National rules on both public and private funding of political parties and election campaigns must be applicable to referendum campaigns (point II.3.4.a). As in the case of elections, funding must be transparent, particularly when it comes to campaign accounts. In the event of a failure to abide by the statutory requirements, for instance if the cap on spending is exceeded by a significant margin, the vote may be annulled19. It should be pointed out that the principle of equality of opportunity applies to public funding; equality should be ensured between a proposal’s supporters and opponents (point I.2.2.d).
29. A “yes” vote on a specifically-worded draft – at least in the case of a legally binding referendum – means a statute is enacted and the procedure comes to an end, subject to procedural aspects such as publication and promulgation. On the other hand, a “yes” vote on a question of principle or a generally-worded proposal is simply a stage, which will be followed by the drafting and subsequent enactment of a statute. Combining a specifically-worded draft with a generally-worded proposal or a question of principle would create confusion, preventing electors from being informed of the import of their votes and thereby prejudicing their free suffrage.
53. If electors are to cast an informed vote, it is essential for them to be informed of the effects of their votes; it must therefore 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).
54. Where a legally binding referendum concerns 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). It is preferable, therefore, for referendums on questions of principle or generally-worded proposals to be consultative. If they are legally binding, the subsequent procedure should be laid down in specific constitutional or legislative rules. It should be possible to appeal before the courts in the event that Parliament fails to act (point III.8.b).
Unfortunately there's no reference on how to define majority.
