Baden-Württemberg, Germany, local Popular or citizens initiative [PCI] - Bürgerbegehren

General Typology

Instrument
Popular or citizens initiative [PCI]
Location
Baden-Württemberg, Germany
Political level
local
Local Name:
Bürgerbegehren
Normative Level:
statutory
Legally Binding:
yes
Legally Defined:

§ 21 Referendum, Citizens' Initiative

(..)

(3) On a matter of the sphere of the municipality for which the Municipal Council is responsible, the citizens can apply for a referendum (citizens' initiative). A citizens' initiative may have only matters to the subject, which within the last three years were not already decided in a referendum on the basis of a citizen's initiative. The citizens' initiative must be submitted in writing, while paragraph 3 a LVwVfG shall not apply; (..) The citizens' initiative must contain the question to be decided, a rationale and propose a workable under the statutory provisions for covering the costs of the required action. The municipality gives information to the material and legal situation of the creation of a cost coverage proposal. The initiative must be signed by at least 7 per cent of citizens, up to a maximum of 20 000 citizens. It must designate up to three representatives with name and address, who are entitled to represent the undersigned. If no representatives are named, the two first signatories are considered as representatives. Only the representatives, each individually, are entitled to give binding declarations to the request and to receive them.

(4) The Municipal Council decides on the admissibility of a citizen's initiative after hearing the representatives immediately, at the latest within two months after receipt of the application. After the determination of the admissibility of the citizen's initiative the municipal institutions are not allowed prior to proceeding with the referendum to decide against the matter of the initiative or to execute a decision, unless, at the time of the filing, legal obligations, exist. The referendum shall not apply if the Council decides the measure requested with the citizens' initiative.

(5) If a referendum is conducted, the opinion represented within the municipal institutions is to publish or by sending a written information up to the 20th day before the referendum to the citizens. In this publication or written information of the municipality about the referendum, the representatives of a citizen's initiative may represent their opinion on the subject of the initiative to the same extent as the municipal institutions.

(6) The referendum is conducted four months after the decision on admissibility, besides the representatives agree to a postponement.

(7) In the case of a referendum the question asked is decided in the sense that it has been answered by a majority of the valid votes, provided that this majority is at least 20 per cent of the electorate. In case of a tie-vote the question is considered to be answered with no. If the majority required pursuant to sentence 1 has not been achieved, the Council has to decide the matter.

(8) The referendum has the effect of a Municipal Council's decision. It can be amended only by a new referendum within three years.

(9) The details are governed by the Local Electoral Code.

References: Gemeindeordnung für Baden-Württemberg, 2000, (accessed Nov. 6, 2019)

Subject Matter:

To call a referendum on a matter of the sphere of the municipality for which the Municipal Council is responsible,

Actors

Author:
Citizens
Initiator:
Citizens
Decision maker:
Electorate

Requirements

Number Of Signatures:
At least 7 per cent of citizens, up to a maximum of 20 000 citizens
Available Time:
No deadline
Turnout Quorum:
None
Approval Quorum:
Majority must correspond 20% of the electorate
Geographical Quorum:
None
Excluded Issues:

(2) A referendum shall not be conducted about

1. directive tasks and matters that are by operation of law a matter of the mayor,

2. questions of the internal organisation of the municipality,

3. the legal relations of the municipal councilllors, the Mayor and the municipality employees,

4. the budget statute including the economic plans of owner-operated municipal enterprises as well as local taxes, tariffs and charges,

5. the determination of the annual accounts and total accounts of the municipality and the annual financial statements of owner-operated municipal enterprises,

6. land-use plans and local building regulations with the exception of the initiating decision of the procedure, as well as

7. decisions in appeal proceedings.

Other Formal Requirements:

Procedural Elements

Collection Mode:
free
Specify Collection Mode:
Wording Of Ballot Question:
Interaction With Authorities:

The municipality gives information to the material and legal situation of the creation of a cost coverage proposal.

Supervision And Support:
Transparency And Finance:

Practice

Archive:
Remarks:

The English language version here is provided as a courtesy. The German language text is the official version.