Referendum z inicjatywy podzielonej we francuskim porządku prawnym
Shared Initiative Referendum in the French Legal Order

Summary/Abstract: The paper deals with the so-called shared initiative referendum (le référendum d’initiative partagée) within the framework of the French constitutional system. This type of popular vote was established following the most extensive modification to the Constitution of the Fifth Republic which took place in 2008. Under the amended Article 11 of the 1958 Constitution, a fifth of members of parliament, supported by a tenth of eligible voters, may submit a bill which, subject to further procedural requirements, may be passed in a nationwide referendum. The author presents the most important features of the referendum before the reform, as well as the constitutional and statutory provisions that may be applied after the reform was conducted. It can be argued that this amendment did not lead to a breakthrough in the role of the referendum in the constitutional system of the Fifth Republic. Although citizens can now participate in its initiation, it is still a tool over which the public authorities have full control. In the case of the shared initiative referendum, however, the emphasis was placed differently on the role of the legislative and executive. The former has been strengthened and the latter weakened. The draft constitutional changes presented in 2019 at the initiative of President Emmanuel Macron are to contribute to the initiation of such referenda, but their purpose is not to introduce fundamental structural reforms.

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