Baden-Württemberg, Germany, regional Agenda (setting) initiative [PAX] - Volksantrag

General Typology

Instrument
Agenda (setting) initiative [PAX]
Location
Baden-Württemberg, Germany
Political level
regional
Local Name:
Volksantrag
Normative Level:
constitutional
Legally Binding:
no
Legally Defined:

Article 59

(1) Legislation will be initiated by the Government, members of Parliament or the people by citizens' agenda initiative or by citizens' initiative. 

(2)People may request Parliament to deal with objects of the political process within the area of responsibility of the Parliament, also with an elaborated and reasoned draft of law. The Parliament has to deal, if this is provided by at least 0.5 per cent of voters with the agenda initiative. The dissolution of the Parliament is governed by article 43. 

(3) The citizens' initiative must be based on an elaborate draft of bill with reasons. The subject of the citizens' initiative can also be a draft of introduced by an agenda initiative according paragraph 2 sentence 2, which the State legislature did not approve unchanged. No referendum will take place on tax laws, salary laws and the State budget act. The citizens' initiative is concluded if at least ten per cent of the voters apply. The citizens' initiative is to submit to the Parliament by the Government without delay with its opinion. 

(4) The laws are decided by the Parliament or by referendum. 

(5) The further is determined by a law.

References: Verfassung des Landes Baden-Württemberg, 1953 (accessed November 6, 2019))

Section 4 People agenda initiative 

§ 42 Application for admission of the people agenda initiative 

(1) An application for the agenda initiative requires the approval by the Parliament. The application is to submit in writing. The application with all the required documents is to provide as latest one year later on the day which corresponds the number of the day and the designation of the month of the beginning of the signature collection listed in the application according to sentence 5. Article 188, paragraph 3 and section 193 of the Civil Code shall apply mutatis mutandis. The notice of the date of the beginning of the collection has to be submitted in writing to the Parliament no later than two weeks before the intended start of collection. Documents can be submitted up to the end of the application period.

(2) If the subject of the people agenda initiative is the introduction of a bill, in both cases the submission referred to in paragraph 1 sentence 5 as also the application for authorisation referred to in paragraph 1 sentence 2 an elaborated draft of bill with reasons is to attach. Generally the subject of the people agenda initiative is to submit with its full text, and if it contains a justification, it is to attach with the submission according Paragraph 1 sentence 5 and the application for authorisation referred to in paragraph 1 sentence 2. The wording of the subject of the popular agenda initiative shall no longer be changed after the start of the signature collection.

(3) The application requires the signature of at least 0.5 per cent of the number of the eligible voters at the last state election, who must be entitled to vote at the time of the signing to the State Parliament. During the collection of signatures, is to ensure that there is the opportunity to take note of the full text of the subject of people agenda initiative and any statement, in case of a draft law of the wording of the law and its justification before the signature performance. The signatures must be done within a period of twelve months from the start of the day of submission to the Parliament referred to in paragraph 1 sentence 5 in writing, up to the date of expiry of the deadline referred to in paragraph 1 sentence 3. The eligibility of the signatories is to demonstrate at the latest until the end of the application period, unless the required valid signatures can in time not be demonstrated as a result of circumstances which did not the applicant has not to stand in for. (..)

§ 43 Informing the Government, publishing the collection of signatures for the initiative

The State Parliament informs the Government about the notice of the beginning of the signature collection for the application and about the submission of the people agenda initiative. After receipt of the notification, it determines the beginning and the end of the collection of signatures, as well as the subject of the popular agenda initiative and, if it contains an explanatory statement, publishes it in the State Gazette of Baden-Wuerttemberg.

§ 44 Authorisation of the people agenda initiative 

(1) The State legislature has to accept the people request if

1. the application is properly made and

2. the subject of the popular agenda initiative is within the sphere of responsibility of the State Parliament and does not contradict the Federal Constitution and the State Constitution. It has to decide on the request within two months of its receipt.

(2) Of the decision, the Government and the representatives of the applicants are to notify.

(3) if the application is refused, the applicant within two weeks after receipt of the decision against this trust people can call the State Court. The State Parliament is party in the litigation within the meaning of article 9, paragraph 1, of the Law on the State Court.

§ 47 Hearing to the people agenda initiative

The Parliament has in the context of dealing with the subject of an approved agenda initiative to listen to the representatives in its competent committees. The further regulates the rules of procedure of the Parliament.

§ 48 Citizens' initiative after a popular agenda initiative

(1) If Parliament unchanged agrees to a popular agenda initiative, which has a draft law on the subject, the representatives may within three months after the decision of the Parliament request in writing conducting a citizens`initiative about the unmodified subject of the people agenda initiative at the Ministry of Interior. The elaborated and reasoned draft of bill which was the subject of the people agenda initiative shall be submitted with the application. The representatives of the people agenda initiative are also considered as representatives of the citizens' initiative. (..)

References: Gesetz über Volksabstimmung und Volksbegehren, (2016) (accssed November 6, 2019)


Subject Matter:

To request Parliament to deal with objects of the political process within the area of responsibility of the Parliament, also with an elaborated and reasoned draft of law.

Actors

Author:
Citizens
Initiator:
Citizens
Decision maker:
Parliament

Requirements

Number Of Signatures:
0.5% of electorate
Available Time:
12 months
Geographical Quorum:
Excluded Issues:

It may not contradict the Federal Constitution and the State Constitution

Other Formal Requirements:

Procedural Elements

Collection Mode:
free
Specify Collection Mode:

The notice of the date of the beginning of the collection has to be submitted in writing to the Parliament no later than two weeks before the intended start of collection


§ 36 Registration

(1) The registration in registration lists must be performed personally and by hand. (..)

(2) The registration a registration sheet or a registration list must include family name, first name, day of birth and address, in case of several residences the main residence as well as the date of registration and in case of a registration in a registration sheet, if the subject of the referendum is the introduction of a bill, containing the confirmation that there was the opportunity to take note of the wording of the draft law and its justification before registration.

Interaction With Authorities:
Supervision And Support:

§ 2 Consultation

The applicants interested in a submission, or the representatives can obtain advice about the conditions for admissibility of the application, as well as the legislation to carry out popular agenda initiatives, citizens' initiatives or referendums. The State Parliament is responsible for popular agenda initiatives, the Ministry of the Interior for citizens' initiatives or referendums. The advice is free of charge.

Transparency And Finance:

Practice

Archive:
Remarks:

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