Local Referendum: Direct Democracy and Its Forms

Quick Overview

• A local referendum allows for decisions on matters within the municipality’s independent jurisdiction, such as the use of municipal property.
• The municipal council may call a referendum on its own. Citizens may initiate one through a preparatory committee consisting of at least three members.
• The preparatory committee’s proposal must be supported by 6 to 30 percent of eligible voters, depending on the size of the municipality.
• For the referendum to be valid, a turnout of at least 35% of eligible voters is generally required. A binding result must receive a majority of the votes cast and, at the same time, the support of at least 25% of all eligible voters.

Would you like to verify whether your proposal can be put to a vote and how to properly phrase the question? Take advantage of our legal advice service.

What is a referendum?

A local referendum is an instrument of direct democracy in which local citizens use their vote to decide on issues that are important to their community. This process is governed by the Local Referendum Act, which specifies how, when, and who may vote. A local referendum concerns issues that fall within the independent jurisdiction of municipalities, cities, statutory cities, city districts, urban districts, or the capital city of Prague and the statutory city. Unlike elections, it focuses on specific decisions regarding the future of a territorial unit.

Who can participate in a local referendum?

Every citizen who is eligible to vote in municipal council elections has the right to participate in a local referendum. This citizen must be a citizen of the Czech Republic (or a citizen of a country that allows them to vote within the territory of the Czech Republic). However, there are certain obstacles—such as restrictions on personal freedom imposed by law, deprivation of legal capacity, or active military service—that may prevent participation in a local referendum.

What Is Excluded from a Local Referendum?

A local referendum cannot address issues that are specifically defined by law. Such issues include , for example , local taxes and the budget, the election and recall of a mayor or city mayor, issues that conflict with legal regulations, issues decided through special proceedings, the conclusion of public-law contracts for the exercise of delegated authority, or the approval, amendment, or repeal of a generally binding municipal ordinance. Furthermore, a local referendum may not be held within 24 months of a previous valid decision on the same matter.

Legal Framework for Referendums in the Czech Republic

The basis for holding referendums is the Charter of Fundamental Rights and Freedoms, which guarantees citizens the right to participate in the administration of public affairs either directly or through the free election of representatives. A referendum is thus a valuable tool that allows citizens to influence public life and make decisions on key issues affecting their lives and futures.

Referendums can also be held at various levels: national, regional, and local. At the constitutional level, it is theoretically possible in the Czech Republic to hold referendums on national matters. However, no bill on a general referendum has yet been finally approved. To this day, the only national referendum remains the vote on the Czech Republic’s accession to the European Union.

Local referendums allow residents of a specific municipality to decide on local matters. A referendum must be supported by a minimum number of citizens’ signatures, and the result is binding if a certain percentage of voter turnout and votes in favor are met.

Another form is regional referendums, which allow residents of a region to vote on issues falling within the region’s independent jurisdiction. For a regional referendum to be valid, a certain turnout is also required, as well as a minimum number of “yes” votes for the decision to be binding.

How does a local referendum work?

A local referendum, also known as a local popular vote, is governed by the Local Referendum Act. A local referendum is held if the municipal council or the council of a statutory city so decides, or if a preparatory committee submits a proposal to hold one and the council decides to call it. A proposal by the preparatory committee is valid if it is supported by a certain number of eligible voters, which depends on the size of the municipality or statutory city.

The municipal council or the city council of a statutory city may call a local referendum by a majority vote of all council members. The local referendum is then officially announced by posting the resolution on the official bulletin board of the municipal office or city hall for a period of 15 days.

The second option is to call a referendum based on a proposal from a preparatory committee. This committee consists of at least three eligible voters and has specific tasks it must fulfill. For example, it may propose holding a local referendum, appoint members to election commissions, or file a motion to invalidate the vote. The preparatory committee’s proposal must be accompanied by the signatures of supporting eligible voters, which must be certified by the municipal office of the municipality or the city hall of the statutory city.

Issues that cannot be put to a local referendum include matters concerning local fees, the budget of the municipality or statutory city, the election and removal of the mayor, or any other issues that would conflict with legal regulations. It is also not possible to hold a referendum if 24 months have elapsed since the last valid decision on the same issue in a local referendum.

Conversely, local referendums can typically be held on issues involving the construction or renovation of important buildings, such as hospitals, town halls, train stations, or other strategically significant structures. Of course, there are no limits to the imagination of municipal councils.

How to Call a Local Referendum

Are you wondering how to call a local referendum? It’s not a simple process. A local referendum is held if the municipal council or the council of a statutory city so resolves, or if a preparatory committee submits a proposal to hold a referendum and the council decides to call it. The preparatory committee consists of at least three eligible persons who propose holding the referendum and appoint members to the voting commissions.

A proposal by the preparatory committee may be submitted if it has been supported by signatures in the municipality or in a part thereof that has:

• up to 3,000 residents—at least 30% of eligible voters,
• up to 20,000 residents—at least 20% of eligible voters,
• up to 200,000 residents—at least 10% of eligible voters,
• more than 200,000 residents—at least 6% of eligible voters.

A referendum is valid if the required participation quorum is met and a majority of voters decide in favor of one of the options.

Specifically, the following conditions apply:

1. A majority of participating voters voted in favor of it
2. At least 25% of all eligible voters voted in favor of it
3. At least 35% of all eligible voters participated in the vote

The turnout quorum refers to the minimum number of eligible voters who must participate in the vote for the referendum to be valid. This means that at least a certain percentage of eligible voters must turn out for the election or referendum.

A valid referendum also requires that one of the options (such as “yes” or “no”) receive a majority of the votes. If the result is a tie or neither option achieves the required majority, the referendum is generally considered not to have taken place, and no decision is made.

Pay attention to the wording of the question: In the case of planned construction, distinguish between a decision made by the municipality within its independent authority and a decision made by the building authority. A referendum alone does not replace a building permit or its denial. However, it can determine what position the municipality should advocate through legal means. Admissibility therefore depends on the specific wording of the question and on what actions it requires the municipality to take.

Before you begin collecting signatures, have the wording of the question and the proposal reviewed by a lawyer. This will prevent a situation where the support you gather is directed toward a question that cannot be put to a vote.

Examples of Referendums Held

Referendums have already been held in some municipalities in the Czech Republic. A number of referendums have taken place at the local level. However, some were invalid due to low voter turnout. For example, the Litoměřice referendum involved a vote on the sale of Litoměřice Hospital to a private entity. The city council was considering the sale because it subsidized the hospital’s operations by many millions of crowns each year.

The referendum on relocating the main train station in Brno was the subject of many articles, posts, and jokes. Citizens had the opportunity to express their views on whether they wanted to modernize the Brno Main Station at its current location; however, the referendum was invalid because the required minimum turnout of eligible voters was not reached. At the same time, city officials launched an online poll on the topic of a new name for the station. Among the top three proposals was “Jára Cimrman Station.” Surprisingly, however, the name “Šalingrad” won.

Residents of Prague 7 also held a local referendum when they wanted to express their opposition to the allegedly overpriced construction of a new city hall. They agreed to cap the investment at 500 million crowns. In addition, they instructed the district administration to launch an architectural competition and a bidding process that would prioritize construction on land owned by Prague 7.

The announcement of a referendum on a possible ban on gambling in Kladno took an interesting turn. Originally, it was held in conjunction with the presidential election; however, the Regional Court in Prague declared the local referendum invalid due to unlawful restrictions and interference in the campaign by the city, which had promoted its own position during the campaign. In fact, city officials did not want a ban, but rather, at most, regulation of the business in question. Subsequently, the city sought to hold the referendum on a regular day (i.e., outside the election period), on April 15, 2023. However, two days before the referendum was to take place, the Regional Court in Prague issued a preliminary injunction ruling that Kladno was required to refrain from organizing and conducting a repeat vote in the local referendum and ordered that the referendum be held in conjunction with the elections. Holding the referendum on a regular (non-election) day risked low voter turnout and, consequently, the invalidity of the referendum.

Summary

A local referendum allows citizens to directly decide on permissible issues within the municipality’s independent jurisdiction. It is called by the municipal council on its own initiative or upon a proposal from a preparatory committee, which must have at least three members and obtain signatures from 6 to 30 percent of eligible voters, depending on the size of the municipality. For a standard referendum to be valid, a turnout of at least 35% of eligible voters is required; a binding result must receive a majority of the votes cast and, at the same time, the support of at least 25% of all eligible voters. Before collecting signatures, it is essential to verify the admissibility of the question and the formal requirements of the proposal. If the municipal council fails to call a referendum despite the statutory conditions being met, the preparatory committee may appeal to the court.