Referendum in Slovakia POLb1135 Slovak Politics Direct democracy •The original type of democracy • •Direct vs. representative democracy • •All citizens entitled to participate on all political decisions • •Examples: •Ancient Athens •Parish meetings in England •J. J. Rousseau – the renaissance of direct democracy •Landsgemeinde in Switzerland • Direct democracy •Shift from direct to representative democracy: •Effectiveness •Politics as permanent occupation •More complicated issues • •Result: •Direct democracy now only as a supplementary tool •Dominance of representative democracy • http://upload.wikimedia.org/wikipedia/commons/8/87/Landsgemeinde_Glarus_2006.jpg Referendum •The main tool of direct democracy now • •Origin in Switzerland in 13th century • •Mechanism which allows citizens to express their attitude on a specific question mostly by either a „yes“ or a „no“ vote • •Similar attributes as elections – universal suffrage, secret vote, equal weight of votes etc. • Referendum - types •Obligatory – must be held •Facultative – may be held • •Binding – results bind the elected representatives •Consultative – results only as a recommendation • •Preliminary – held before the actual decision •Subsequent – held after the actual decision • Tradition of Referendum? •1st Czechoslovak Republic (1918-1938): •Constitution – the government may call a referendum if the parliament declined its law proposal •The implementing law was never adopted • •Other periods – no mention of referendum • •Split of ČSFR – a constitutionally stated referendum was not used • •Result – no nationwide referendum held until 1993 • Referendum in Slovakia since 1993 •All main attributes defined in the Constitution • •Obligatory: •Confirmation of a constitutional law on entering into or withdrawing from an alliance with other states • •Facultative: •About „important issues of public interest“ •Excluded issues – basic rights and liberties, taxes, state budget • Referendum in Slovakia since 1993 •Initiation: •Petition of at least 350 000 citizens •Resolution of the parliament • •President calls the referendum: •Not within 90 days before parliamentary elections •But it may be held on the day of parliamentary elections • Referendum in Slovakia since 1993 •A referendum is valid if: •The turnout reaches at least 50 % and •A decision is endorsed by at least 50 % of those who participated • •Effect: •The result is promulgated by the parliament as a law •For the next 3 years neither the parliament may modify this result nor another referendum on the same issue may be held • Part I – Referendum as a part of election campaign Referendum 1994 •High impacts of economic transformation in Slovakia since 1989 (inflation, unemployment) • •Slovak ex-communists (SDL) resigned to be a protest party due to their intellectual profile • •Secession of radical leftist ZRS (Association of Slovak Workers) in 1994 only a few months before election • •Referendum as a part of their electoral campaign to mobilize protest voters • Referendum 1994 •Topic – reveal of property used in privatization and auctions (against „the rich“) • •ZRS started a petition but eventually the idea of referendum was supported in parliament • •Referendum was held only one month after elections à ZRS could lead both campaigns at once • Referendum 1994 •Question – Would you agree to adopt a law about reveal the origin of finances used for privatization and auctions? • Votes % Total 773 624 19,96 Out of it Yes 724 448 93,64 No 30 733 3,97 Election 1994 Party Votes (in %) Seats (in %) HZDS 34,96 61 SDL (SV) 10,41 18 Hungarian parties 10,18 17 KDH 10,08 17 DU 8,57 15 ZRS 7,34 13 SNS 5,40 9 Others 13,06 0 150 Referendum 1994 •Initiator: •Official – the parliament •Real – ZRS and its leader Ján Ľupták • •Motives: •Official – reveal of property from privatization •Real – mobilize protest voters and raise the chances of ZRS in parliamentary elections • •Results: •Referendum was not valid •ZRS entered parliament • Referendum 1998 •In 1998 Mečiar’s HZDS faced: •A decline of public support since 1994 elections •A risk that it will be in opposition after 1998 elections • •Referendum as a tool how to: •Mobilize supporters of HZDS •Potentially harm the next government if created by opposition parties • •Topic – ban of privatization of strategic companies (nationalist sentiments) • Referendum 1998 •Petition: •Started in summer 1998 (two months before elections) •Even the employees of civil service (controlled by HZDS) were assigned to help with the petition! • •Referendum joined with parliamentary election to secure its maximum mobilizing effect • Referendum 1998 •Question – Do you favor that National Council adopts a constitutional law to ban privatization of selected strategic companies? • Votes % Total 1 772 223 44,25 Out of it Yes 1 432 845 80,48 No 266 991 14,99 Referendum 1998 •Initiator: •HZDS – the party of that time Prime Minister Mečiar • •Motives: •Official – to secure the property of strategic companies •Real – to increase chances of HZDS in parliamentary election • •Results: •Referendum was not valid •HZDS won the election but ended in opposition • Referendum 2010 •Very similar to referendum 1994 • •In 2008 a civic association Freedom and Solidarity (SaS) started a petition against unfair media fees • •In November 2008 SaS emerged as a political party • •In 2009 the original petition was widened and was aimed to call for a referendum •Reducing the MPs immunity •Limits on prices of cars used by government officials etc. • Referendum 2010 •1. Repeal of the duty to pay a fee for services provided to public by Slovak television and radio • •2. Extension of the possibility to hear a performance of a National Council’s member as a misdemeanor • •3. 100 instead of 150 MPs • •4. Price of governmental vehicles only up to 40k EUR • •5. Parliamentary and European elections on Internet • •6. Ban of the right of reply for public officers in press • Referendum 2010 •SaS wanted to join the referendum with elections 2010 • • •President Gašparovič effectively prevented this effort • • •SaS compensated this by gathering signatures until the date of parliamentary elections • Referendum 2010 Votes % Total 998 142 22,84 1 Yes 870 864 87,24 No 90 058 9,02 2 Yes 952 281 95,4 No 17 333 1,73 3 Yes 925 888 92,76 No 38 450 3,85 4 Yes 886 767 88,84 No 61 532 6,16 5 Yes 703 336 70,46 No 221 847 22,22 6 Yes 747 983 74,93 No 134 163 13,44 Election 2010 Party Votes (in %) Seats Smer 34,8 62 SDKÚ 15,4 28 SaS 12,1 22 KDH 8,5 15 Most-Híd 8,1 14 SNS 5,1 9 HZDS 4,3 0 Others 11,6 0 150 Referendum 2010 •Initiator: •Freedom and Solidarity (SaS) • •Motives: •Official – solving several public topics •Real – mobilize voters and raise chances of SaS in election • •Results: •Referendum was not valid •SaS entered parliament and also the government • Part II – Referendum as a way how to challenge the elections Referendum 2000 •Government of M. Dzurinda formed after 1998: •Negative economic impact of previous era •Decline of public support • •Non-cooperative parliamentary opposition: •Mečiar’s HZDS and nationalist SNS •Newly created populist party SMER (Direction) led by Robert Fico • Referendum 2000 •In 2000 HZDS and SNS started a petition for referendum about early elections • •Official motive – the inability of government to solve economic problems • •Party SMER originally refused the idea but eventually supported it • •The question whether an early elections may be called based on referendum results • Referendum 2000 •Question – Do you favor that National Council agrees on early elections up to 150 days after the referendum? • Votes % Total 816 254 20,03 Out of it Yes 759 124 92,74 No 39 363 4,80 Referendum 2000 •Initiator: •HZDS and SNS – that time opposition parties • •Motives: •Official – inability of the government to solve economic problems of Slovakia •Real – aim of the Dzurinda’s government to investigate scandals of Mečiar’s government? • •Results: •Referendum was not valid • Referendum 2004 •Second government led by M. Dzurinda: •Vast liberal economic reforms – taxes, healthcare •High frustration of voters • •Opposition: •Since 2002 SMER became the main opposition party •SMER shifted to social democracy and launched harsh criticism of governmental reforms • •In November 2003 the Trade unions started petition for referendum about early elections and opposition parties supported the initiative • •Merging with presidential elections created a tactical trap for the government • • Referendum 2004 •Question – Do you favor that National Council agrees on early elections in 2004? • Votes % Total 1 503 784 35,86 Out of it Yes 1 305 023 86,78 No 179 524 11,93 Referendum 2004 •Initiator: •Trade unions backed by opposition parties (mostly SMER) • •Motives: •Early elections and mobilization of citizens aimed against the government • •Results: •Referendum was not valid •Party SMER tested its electoral potential • Referendum 2023 •Attempt in 2021/2022: •Petition by opposition parties (SMER) •Referendum on early election banned by Constitutional court • •Immediate round two: •New petition in summer 2022 •More than 400 thousand signatures •Constitutional court banned one of two questions – whether the national government should step down Referendum 2023 •Do you agree that the early termination of the election period of the NR SR can be carried out by a referendum or a resolution of the NR SR? • •Formally a referendum about a further referendum • •Voters’ point of view? • • • Referendum 2023 •Question – Do you agree that the early termination of the election period of the NR SR can be carried out by a referendum or a resolution of the NR SR? • Votes % Total 1 193 198 27,25 Out of it Yes 1 163 586 97,51 No 18 398 1,54 Referendum 2023 •Initiator: •Opposition parties (mainly SMER and Republic) • •Motives: •Early elections and mobilization of citizens aimed against the government • •Results: •Referendum was not valid •Polls prove mobilization of voters • HLAS – sociálna demokracia – Wikipédia Part III – Referendum as a way how to solve (or create) problems Referendum 1997 •The era of Vladimír Mečiar: •Decline of quality of democracy •High polarization of society and domestic politics • •Risk of inability to elect the new president in parliament à opposition parties started petition for a referendum about direct presidential elections • •After 350 000 signatures were acquired, the government reacted by proposing a referendum about integration to NATO • Referendum 1997 •Two initiatives at the same time: •Direct presidential elections •Integration to NATO (3 questions) • •President called a joint referendum with 4 questions • •Mečiar’s government announced that president broke the Constitution • •Ministry of interior published ballots only with the 3 NATO questions • Referendum 1997 •1. Are you in favor of Slovakia's entry into NATO? • •2. Are you for deploying nuclear weapons on the territory of Slovakia? • •3. Are you for locating foreign military bases on the territory of Slovakia? • •4. Do you agree that the president of the Slovak Republic should be directly elected by the citizens of the Slovak Republic according to the enclosed proposal for a constitutional law? • Referendum 1997 Referendum 1997 Votes % Total 319 727 9,53 Question 1 Yes 130 052 39,02 No 154 090 46,28 Question 2 Yes 29 628 8,87 No 232 197 69,8 Question 3 Yes 42 336 12,71 No 218 956 65,79 Referendum 1997 •Initiators: •Opposition – presidential elections •Government - NATO • •Motives: •Opposition – to enable the election of president, to mobilize voters and to avoid Mečiar to concentrate too much power •Government – to block the effort of the opposition • •Results: •Referendum was not valid •For more than a year Slovakia had no president •Frustration of voters against the government • Referendum 2003 •The integration to the European Union • • •Facultative referendum as the others • • •A common effort of all relevant political parties to mobilize voters and ensure the needed 50 % turnout • Referendum 2003 •Question – Do you agree to the proposal that the Slovak Republic should become a member state of the European Union? • Votes % Total 2 176 990 52,15 Out of it Yes 2 012 870 92,46 No 135 031 6,20 Referendum 2015 •Alliance for the Family • •The official aim to `protect the family in Slovakia` • •Expressed threats: •Same-sex marriages •Adoptions by homosexuals •Anti-family values in general • •Petition with more than 400 thousand signatures • http://www.alianciazarodinu.sk/foto/page/54364a1f7b711.jpg Referendum 2015 •Original aim – four questions: •Special rights and protection given only to marriage (among all types of relationships) •Marriage only as a relationship of a man and a woman •Ban of adoptions by homosexuals •Parents` right to decide about the content of education (sexual behavior, euthanasia) • •President Kiska consulted the Constitutional court: •First question banned •The date of referendum postponed to February 2015 • http://www.alianciazarodinu.sk/foto/page/54364a1f7b711.jpg Referendum 2015 https://a-static.projektn.sk/2015/01/IMG_3426.jpg Referendum 2015 •Most political parties remained fairly silent • •A fear from losing Catholic voters? • •Expressed views: •KDH and SNS favored the referendum •SaS rejected the idea and asked people to ignore it • •SMER, SDKU only advised people to participate without holding a side • http://www.alianciazarodinu.sk/foto/page/54364a1f7b711.jpg Referendum 2015 Votes % Total 944 674 21,41 Only man – woman marriage Yes 892 719 94,50 No 39 088 4,13 No adoptions for homosexuals Yes 873 224 92,43 No 52 389 5,54 Parents` say in education Yes 853 241 90,32 No 69 349 7,34 Referendum 2015 •Initiator: •Alliance for the Family • •Motives: •Official – Protection of family •Real – Mostly banning rights of LGBTI+ •Official = real? • •Results: •Referendum was not valid • Referendums in Slovakia Year Topic Turnout Result 1 1994 Privatization 19,96 Not valid 2 1997 NATO / President 9,53 Not valid 3 1998 Strategic companies 44,25 Not valid 4 2000 Early elections 20,03 Not valid 5 2003 EU 52,15 Valid – yes 6 2004 Early elections 35,86 Not valid 7 2010 Various 22,84 Not valid 8 2015 Family 21,41 Not valid 9 2023 Early elections? 27,25 Not valid Referendums that did not happen •Only several unsuccessful efforts to call for a referendum • •1993 – petition of HZDS: •Not enough signatures • •1999 – petition of HZDS and SNS: •Minority languages and strategic privatization •Against the Constitution • •2021 – early election declared against the Constitution Initiators •In almost all cases referendums were initiated by political parties • •Usage of both possible channels: •Petitions •Resolution of parliament • •Exceptions: •2004 – Trade unions •2015 – Alliance for the Family Motives •Two types of referendums: • •About issues: •1994 – reveal of property gained by privatization •1997 – presidential elections and NATO •1998 – ban of privatization of strategic companies •2010 – various topics – immunity, price of cars etc. •2015 – same-sex marriages, adoptions, education • •Without material issues: •2000 – early elections •2004 – early elections •2023 – early elections (?) • Referendums with issues •Official motive only of secondary value (or not relevant at all) • •Primary concern aimed at different motives • •1994, 1998, 2010 – increasing chances of initiating parties (ZRS, HZDS, SaS) in parliamentary elections • •1997 – blocking the initiative of political opponents • •2015 – exception from this trend • Referendums without issues •The official motive equals the real motive • •An openly expressed aim of initiators to end the term of government and call for early elections • •Secondary aim to mobilize supporters (even in case the referendum is not valid) • Results •8 out of 9 referendums were not valid • •Main reason – inability to reach the 50 % turnout • •One referendum was marred • •One referendum was valid yet – integration to the EU • Legacy for the future •Based on experience the referendum in Slovakia may be used as a mobilizing tool: • •Quite easy to initiate it • •Cheap campaign (for the initiator) • •Low turnout may be explained by the stance of political opponents who advised their voters to stay at home • •Referendum may have a sense for its initiator even if it is not valid à official vs. real motives •