It will be the first referendum ever in Lisbon. On February 12th, around 32 thousand Benfica citizens will go to the polls to say "Yes" or "No" to EMEL's expansion in the parish.
On February 12th, the parish of Benfica will go to the polls for what will be the first ever local referendum in Lisbon. Some 32,000 registered parishioners will be called to the polls to answer with a "Yes" or a "No" to the following question: "Do you agree that the Benfica Parish Council should issue a favorable opinion for the placement of parking meters in Benfica's Limited Duration Parking Zones?".
In short, the people of Benfica will decide on February 12 whether they want EMEL to regulate and charge for parking in the parish, or not. The decision of the referendum will determine the response that the Benfica Council will give to EMEL regarding the entrance of regulated and charged parking in the entire parish. EMEL is already present in two of the nine zones planned for Benfica, and the eventual expansion always depends on an OK from the Councils, according to the General Regulation for Parking and Stopping in the Public Way (RGEPVP) for the city of Lisbon.
What is a local referendum?
Local referendums in Portugal are unusual and the one to be held in Benfica will be the first ever in Lisbon. The local referendum is one of the three types of referendums foreseen in the Portuguese Constitution (there are national, regional and local referendums). According to the National Elections Commission (CNE), it is "an instrument of direct democracy, by which voters are called upon to express their opinion, through direct and secret suffrage, (...) on concrete issues within the competence of local authority bodies".
The local referendum has been formalized as such since the fourth constitutional revision, in 1997, and can "can only be concerned with issues of relevant local interest that must be decided by the municipal or parish councils, exclusively or shared with the State or the Autonomous Regions".also indicates the Local Referendum Law. However, the figure of local referendum has existed since 1982, and was initially known as "local direct consultation".
In a referendum, the registered population is invited to go to the usual polls to put a cross on "Yes" or "No" to one or more questions, which must be "formulated with objectivity, clarity and precision" and positive or negative response. Each referendum can have "as one subject matter", "no referendum can hold more than three questions", e "questions may not be preceded by any recitals, preambles or explanatory notes"the legislation further states.
A local referendum can be municipal or parish-wide, and it is up to the local political bodies - that is, the City Council or the Municipal Assembly in the case of a municipal referendumor to a Junta de Freguesia (parish council) or a Assembleia de Freguesia (parish assembly) in the case of a parish referendum. The population can also propose the holding of a local referendum, with a minimum number of signatures of citizens registered in the area where the referendum is to be held.
The holding of a local referendum is always subject to prior validation by the Constitutional Court.
What do you need to know?
The local referendum in Benfica will take place on February 12th on usual polling places in that parish: the schools Pedro Santarém, Quinta de Marrocos, Salvador Sampaio, Arquitecto Gonçalo Ribeiro Telles, and Jorge Barradas. The ballot boxes will be available between 8 am and 7 pmand voters will be divided into polling stations to be announced.
In the local referendum there is early voting, under these conditions:
- students registered in Benfica but studying outside the Lisbon district: should register for early voting by January 23, making a request by e-mail or post to the Mayor (gab.presidente@cm-lisboa.pt), and they can exercise their right between January 30 and February 2;
- citizens registered in Benfica but who are living, studying or working abroad: must, between January 31 and February 2, go to an embassy or consulate with their ID and exercise their right to vote;
- prisoners and inpatients to vote in Benfica: must register for early voting by January 23, by making a request by e-mail or postal mail to the mayor, and will be able to exercise their right between January 30 and February 2;
- people registered in Benfica who, for professional reasons, cannot go to their polling place on the day of the referendum: must have a document proving the claimed impediment and can participate between February 2nd and 7th.
All information can be found on the CNE websitein site of the General Secretariat of the Ministry of Internal Administration (SGMAI) or in the site of Junta de Freguesia de Benfica.
How did we get here?
On November 14, 2022, the Benfica Parish Assembly approved, in an extraordinary meeting, a proposal from the executive of the Parish CouncilThe government, led by socialist Ricardo Marques, has called for a local referendum on the possibility of extending EMEL's regulated parking to new areas of the borough.
"Keeping our commitment to listen to our population before issuing any opinion on this matter, the decision to move towards a referendum comes after a series of meetings with residents, merchants, associations and the Social Commission of the Parish, in which it was not possible to reach a broad consensus on parking solutions for Benfica"explained the Board in a statement. Benfica had two petitions in favor of the extension of the regulated parking, one in favor and one against, and in the informal participation initiatives no consensus was possible.
The proposal for a local referendum was then approved with the votes in favor of the PS, BE, CDS, Chega and one PSD voter, and submitted to the Constitutional Court, which sent a favorable opinion to the Benfica Council one month later. It was then up to the President of the Junta to set the day of the referendum, which he did at the end of December.
What is at stake?
For the parish of Benfica are foreseen nine regulated parking zonesof which only two are in operation: one in Fonte Nova (zone 9F) and another in the Military College (zone 9C). These zones - the so-called Limited Duration Parking Zones - mean three things:
- which parking will be charged for in each of the zones. EMEL has five different fares, and in Benfica there is a Green Fare of 0,80 €/hour and that has a maximum limit of four hours of permanence in a space. The charge will be valid, in the parish of Benfica, between 9am and 7pm on weekdays (on Saturdays, Sundays and holidays, parking will be free);
- which residents are entitled to a Free Resident Badgewhich allows them to park a vehicle in two zones, the one where the residence is located and a second adjoining zone of their choice. Each address can have up to three permits: the first is free, the second costs €54/year, and the third €132/year. Businessmen and other entrepreneurs can also apply for a Company Label and owners of electric cars are entitled to a Free Green BadgeThis is valid for the entire city.
- which there is a rearrangement and marking of parking spaces on the public roadThe parking is usually free of charge for motorcycles (which is free for everyone) and bicycles (also free of charge). Generally, parking is also created for motorcycles (which is free for everyone) and for bicycles (also free). On the other hand, EMEL creates exclusive parking areas for residents, reserving squares or parts of streets.
Despite the fact that the Limited Duration Parking Zones for the entire city, the EMEL's expansion always depends on a "favorable opinion from the competent Parish Councils"according to General Regulation for Parking and Stopping in Public Streets (RGEPVP) of the municipality for the city of Lisbon.
So, for EMEL to go ahead with charging and regulating parking in Benfica, the Junta de Freguesia needs to give the municipal company an OK. Since it could not find a consensus among the population, it decided to move forward to a local referendum. The result of this constitutional right will determine the position of the Junta de Freguesia.
It is recalled that in 2019, the Ombudsman's Office argued that the Parish Council was not free to configure consultations with the population, following a "neighborhood consultation" on the payment of parking fees, which took place on January 11 and 12 of that year, to find out the will of the residents regarding the implementation by EMEL of parking fees. On May 30th of that same year, the Lisbon City Council, then led by the PS and Fernando Medina, approved the implementation of nine Limited Duration Parking Zones in Benfica, with the abstention of the BE and the votes against by the remaining parties.
