Austria, national Agenda (setting) initiative [PAX] - Volksbegehren

General Typology

Instrument
Agenda (setting) initiative [PAX]
Location
Austria
Political level
national
Local Name:
Volksbegehren
Normative Level:
constitutional
Legally Binding:
no
Legally Defined:

Art. 41 (Constitution)

(1) Legislative proposals are submitted to the National Council as motions by its members, by the Federal Council or by one third of the Federal Council's members, and as bills by the Federal Government.

(2) Every motion by 100,000 voters or by one sixth each of the voters in three Laender (henceforth called "popular initiative") shall be submitted by the Federal electoral board to the National Council for action. The right to vote, as to popular initiatives, appertains to those who on the last day of registration for National Council suffrage and have their principal domicile in a municipality in Federal territory. The popular initiative must concern a matter to be settled by Federal law and can be put forward in the form of a draft law.


4 Explanation of Support (Statutory: Volksbegehrensgesetz, 1973 (2010)

(1) The explanation of support has to have confirmation of the municipality, containing the fact that the person specified in the explanation is entitled to vote in the voter evidence register as well as for the election of the National Council ( 21 exp. 1 NRWO) and having their main domicile in the municipality. This confirmation is to be given from the municipality to, if the support explanation contains the data concerning first name, surname or surname, date of birth and residence as well as the designation of the introduction request and the personal signature the support explanation of delivering person either were carried out before the municipality authority or judicially or is notarially certified.

5 Decision, Period of registration

(1) the Federal Minister for Interior has to decide within three weeks on the request for introduction of a peoples initiative. Is to the request to be allowed, if the conditions for the introduction of the procedure for a peoples initiative ( 3, 4) is fulfilled.

(2 If the introduction request is granted, then the Federal Minister of the Interior has to make the decision about the support period (exp. 3), within the voters can confirm their agreement to the requested peoples initiative by entry of their signature into the entry lists, resting upon at the entry authorities (sample plant 3). The decision has to contain also the deadline.

References: Constitution of Austria, 1929 (version 2011)

Subject Matter:

To initiate a legislative proposal

Actors

Author:
Citizens
Initiator:
Citizens
Decision maker:
Parliament

Requirements

Number Of Signatures:
100 000
Available Time:
8 days
Geographical Quorum:
Legal source does not mention geographical quorum
Excluded Issues:
Other Formal Requirements:

Procedural Elements

Collection Mode:
restricted
Specify Collection Mode:

Collection of signatures in official offices only.

Interaction With Authorities:
Supervision And Support:
Transparency And Finance:

Practice

Archive:
Remarks: