Baden-Württemberg, Germany, regional Popular or citizens initiative [PCI] - Volksbegehren [Auflösung des Landtages]

General Typology

Instrument
Popular or citizens initiative [PCI]
Location
Baden-Württemberg, Germany
Political level
regional
Local Name:
Volksbegehren [Auflösung des Landtages]
Normative Level:
constitutional
Legally Binding:
yes
Legally Defined:

Article 43

(2) Parliament is also resolved if the resolution is demanded by one-tenth of the electorate and in a referendum to be conducted within six weeks the majority of the electorate agrees to this request.

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

§ 25 Request for approval of the citizens' initiative

(1) A citizens' initiative shall require the approval by the Ministry of Interior. It is conducted through the issuance of registration leaves by the representatives of the applicant or persons who are authorized by them to do so (free collection), and the launch of registration lists in the municipalities (official collection). The official collection extends over three months, the free collection of six months. Article 9, paragraph 1 shall apply mutatis mutandis.
(2)The admission is to be requested in written form. It has to be noted in which municipalities registration lists should be applied. Up to the decision on the approval of the request the application can be extended on other municipalities.
(3) If the subject of the referendum is the introduction of a bill, an elaborated and reasoned proposal of law is to add.
(4) The request requires the signatures of at least 10 000 signatories who must be entitled to vote to the State Parliament (Landtag) at the time of the signing. § 37 (1) Numbers 1 bis 3 apply accordingly.
(5) In the application, two representatives have to be named. If no representatives are named, the two first signatories of the application are considered as representatives. Unless otherwise defined in this act, only the representatives, each representative by itself, is entitled to submitt binding statements on the application and to accept explanations of election authorities. The representatives can be recalled by a written declaration of the majority of the signatories of the application to the Ministry of the Interior and replaced by others.
(6) The election and voting regulations determine details.

§ 29 Approval of the citizens' initiative

(1) The Ministry of the Interior has to allow the citizens' initiative, if

1. the application is properly made and

2. in the case of § 25 (3) the bill does not contradict the German Fundamental Law and the State Constitution.

It has to decide on the request within three weeks of its receipt.

(2) Parliament, government and the representatives are to be informed about the decision.

(3) If the application is refused, the representatives of the applicants within two weeks after receipt of the decision can call the State Court. The Ministry of the Interior is party in the law suit within the meaning of § 9 (1) of the law on the State Court.

§ 32 Registration leaves/Registration Lists

(1) The support of the citizens' initiative happens at the free collection through registration into the registration leaves, as well as their submission at the latest on the last day of the registration period of the free collection in the municipality responsible for the examination of the right to vote, in case of the official collection by registering in the registration lists. If the subject of the citizens' initiative is the introduction of a bill it is to ensure that there is the opportunity to take note of the wording of the law and its justification before registration in the registration leaves or registration lists. The registration must be done within the public announcement made by the Ministry of the Interior according to § 30 para 1 deadlines for registrations in registration leaves or registration lists.
Details, form and content of the registration leaves and registration lists, controls the Electoral regulation.

(2) The registration lists are provided by the applicants to the municipalities. The municipalities are obliged publicly to publish the registration lists within the registration time for the signing of voters, if the registration lists were received properly in time, according to the specificity of the election and voting regulation and to check the registration authorization of the signatories.

§ 36 Registration

(1) The registration must be performed personally and by hand. § 18 (2) sentence 2 applies with the proviso, that the signature of persons who declare that they are unable of writing, is replaced by a declaration to the minutes of the authority.

(2) The registration in 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.

References: Gesetz über Volksabstimmung und Volksbegehren (2016) (accessed Nov. 6, 2019)

Subject Matter:

To call a referendum on the termination of the term of Parliament

Actors

Author:
Citizens
Initiator:
Citizens
Decision maker:
Electorate

Requirements

Number Of Signatures:
Initial: 10000; Conclusion: 1/6th of electorate
Available Time:
Official collection: three months, Free collection: six months
Turnout Quorum:
None
Approval Quorum:
Majority of electorate
Geographical Quorum:
None
Excluded Issues:

One topic initiative

Other Formal Requirements:

Procedural Elements

Collection Mode:
free
Specify Collection Mode:
Wording Of Ballot Question:

Yes/No-question

Interaction With Authorities:

§ 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.

Supervision And Support:
Transparency And Finance:

§ 39 Costs of referendum initiative

(1) The costs of the application for authorisation, the free collection, the registration list and, where appropriate, of the sheets the reasoned draft, as well as their respective shipment to the municipalities is to pay by the applicants. The State bears the costs of the decision on the application for authorisation and the costs of establishing the registration result. The municipalities will be reimbursed for costs incurred by the state. § 26 shall apply mutatis mutandis.

(2) If the referendum leads to the dissolution of the Parliament, the cost of objective nature of the admission application, the free collection, the registration list and in case of the parts of the Bill reasoned, as well as their respective shipment shall be reimbursed by the State.

Practice

Archive:
Remarks:

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