Q COSTARICA (Delfino) President-elect Laura Fernández will be able to use the joint referendum mechanism to put certain bills and constitutional reforms to a popular vote.
This mechanism is the same one that the government of Óscar Arias used in 2007 to put the Free Trade Agreement (FTA) with the United States, Central America, and the Dominican Republic to a referendum.
According to the 2006 Referendum Law, a joint referendum (‘referéndum mancomunado’ in Spanish), or Executive referendum as it is called in the law, is one called by the Executive Branch via decree and with the endorsement of an absolute majority of the Legislative Assembly, that is, at least 29 votes.
According to the latest provisional results from the Tribunal Supremo de Elecciones (TSE)— Elections Tribunal, the ruling party won 31 seats for the 2026-2030 constitutional term. The opposition will hold 26 seats, divided among 17 for the Partido Liberación Nacional (PLN), seven for the Frente Amplio (FA), and one each for the Partido Unidad Social Cristiana (PUSC) and the Coalición Agenda Ciudadana (CAC).
However, Fernández will face constitutional and legal limitations regarding which projects she can call for a referendum through this mechanism. For example, matters related to the budget, taxation, fiscal policy, monetary policy, credit, pensions, security, loan approvals, contracts, or administrative acts cannot be submitted to a popular vote.
In the case of constitutional reforms, Fernández will need the Legislative Assembly to approve the proposal in the first legislative session, which requires a prior binding ruling from the Constitutional Court or Sala IV, as it is popularly known, and at least 38 votes in the second debate.
The government of Rodrigo Chaves Robles attempted to hold a joint referendum during his term to request a popular vote on his proposed “Jaguar Law,” but the attempt failed after the Sala IV declared multiple elements of the bill unconstitutional.
Fernandez takes office at high noon on May 8, when President Chaves hands over the presidential sash in a public ceremony.
Translated and adapted from the article “Referéndum mancomunado: la herramienta que podrá usar Laura Fernández tras ganar mayoría en el Congreso” published at Delfino.cr.