Independent referendum commissions at the subnational level: a comparative perspective

Referendums are common citizen engagement tools in European democracies. While neither the Netherlands nor Belgium has a strong national-level referendum tradition, municipal referendums are recurrent. The legislative basis for these referendums varies across jurisdictions, translating into distinct practices. Recent years have witnessed innovations in referendum procedures, prompting renewed scholarly attention to local direct democracy. Referendum commissions are unique institutional arrangements in the Netherlands and the Dutch-speaking part of Belgium, Flanders. By comparison, in other countries these responsibilities are typically assigned to municipal or electoral authorities, often complemented by a more prominent role for the judiciary. This article compares the involvement of independent experts in referendum processes in the Netherlands and Flanders. In both jurisdictions, these expert commissions advise municipal councils on referendum matters including topic eligibility, referendum date, question wording and, in some cases, the allocation of campaign subsidies. They can also be tasked with oversight on neutral information provision and complaint handling. Dutch municipalities appoint municipal referendum commissions, whereas municipalities in Flanders can consult a central advisory commission, the VAV. We outline the core responsibilities of these expert commissions, reflect on how these have evolved over time, how they are affected by model legislation and documentation and how their discretionary character can conflict with the roles of politicians in referendum processes. Finally, we contrast the benefits and downsides of the two models: the localised Dutch model and the centralised Flanders model. Our comparative analysis offers a state-of-the-art, learning-oriented overview of subnational practices of expert involvement in referendums in the Low Countries, highlighting practical opportunities and informing scholarly debates.