Bavaria, Germany, local Popular or citizens initiative [PCI] - Bürgerbegehren (Landkreis)

General Typology

Instrument
Popular or citizens initiative [PCI]
Location
Bavaria, Germany
Political level
local
Local Name:
Bürgerbegehren (Landkreis)
Normative Level:
constitutional
Legally Binding:
yes
Legally Defined:

Article 12a Citizens`initiative and referendum

(1) The citizens of the county may request a referendum on matters of its own sphere (Citizens' initiative).

(4) The initiative must be filed with the county and must include a Yes or No ultimate question and a justification and nominate up to three persons who are authorized to represent the undersigned. For the case of their prevention or their retreat in addition on the signature lists deputy people may be named.

(5) The citizens' initiative can be signed only by persons who are at the date of filing of the citizen's initiative citizens of the county. The citizens register at the municipalities to the state of this day are decisive for the determination of the number of valid signatures. The signatures for a citizens' initiative must be collected separately to municipalities. A list of signatures of county including citizens from another municipality are invalid.

(6) A citizens' initiative must be signed in counties of up to 100,000 inhabitants of at least 6 per cent, the rest by at least 5 per cent of county citizens.

(7) If a municipality belonging to a county is particularly affected, a referendum on this measure by the citizens of this community may be requested. This citizens' initiative must be signed by at least 25 per cent of the municipality citizens. The provisions of paragraphs 1 to 5 shall apply accordingly.

(8) The County Assembly decides on the admissibility of the citizen's initiative immediately, at the latest within one month after submission of the citizen's initiative. The representatives of the citizen's initiative without preliminary proceedings may institute proceedings against the decision.

(9) If the admissibility of the citizen's initiative has been established, must take up the implementation of the referendum a contrary decision of county bodies is no longer possible or no longer starting with the enforcement of such a decision, unless legal obligations of the county insisted at that time.

(10) The referendum is to conduct on a Sunday three months after the determination of the admissibility of the citizen's initiative; the County Assembly may extend the period in consultation with the representatives of the citizen's initiative to a maximum of three months. The county bears the costs of the decision of the citizens. Every citizen of the county is entitled to vote. The opportunity for postal voting is to ensure.

(11) In the case of a referendum, the question is decided which has been answered by the majority of the valid votes, provided that this majority in counties of up to 100,000 inhabitants corresponds at least 15 per cent, with more than 100,000 inhabitants at least 10 per cent of the electorate. In case of a Tie-vote the question is considered to be answered with no. Should several referendum decisions take place in one day, the County Assembly has to formulate a tie-break question to decide for the case that the questions asked are answered in a way which is not compatible with eachother (Tie-break question). Then this decision will be adopted which receives the majority of the valid votes in favour. In case of a tie in the tie-break question the referendum question with received the highest number of valid votes adopted.

(12) The referendum has the effect of a decision of the County Assembly. The referendum can be amended only by a new referendum within one year, except that the the factual or legal issues underlying the referendum changed significantly.

(13) The referendum shall not be conducted if the County Assembly decides the measure requested with the citizens' initiative. A decision according sentence 1 the binding character according to sentence 2 applies .

(15) The result of the decision of the citizens is to publish in the county in the local way.

(16) The municipalities participate in the verification of the citizens' initiative and the implementation of the referendum to the extent necessary. The county reimburses the municipalities special expenses which incurred.

(17) The counties may regulate details by statute.

The right to free signature collection must not be restricted.

(18) Article 3a of the Bavarian Administrative Procedure Act does not apply.

References: Landkreisordnung für den Freistaat Bayern, 1998 (accessed Nov. 6, 2019)

Subject Matter:

To call a referendum on matters of the county's own sphere

Actors

Author:
Citizens
Initiator:
Citizens
Decision maker:
Electorate of county

Requirements

Number Of Signatures:
Counties of up to 100,000 inhabitants of at least 6%, the rest by at least 5%
Available Time:
No deadline
Turnout Quorum:
None
Approval Quorum:
Majority of the valid votes, provided that this majority in counties of up to 100,000 inhabitants corresponds at least 15 per cent, with more than 100,000 inhabitants at least 10 per cent of the electorate. In case of a Tie-vote the question is considered to be answered with no. Should several referendum decisions take place in one day, the County Assembly has to formulate a tie-break question to decide for the case that the questions asked are answered in a way which is not compatible with each-other (Tie-break question). Then this decision will be adopted which receives the majority of the valid votes in favour. In case of a tie in the tie-break question the referendum question with received the highest number of valid votes adopted.
Geographical Quorum:
None
Excluded Issues:

(3) A referendum does not take place on matters which by operation of law are sole matters of the County Governor, concerning the internal organization of the county administration, the legal relations of the County Councillors, the County Governor and district staff and the budget by-law.

Other Formal Requirements:

Procedural Elements

Collection Mode:
free
Specify Collection Mode:

The signatures for a citizens' initiative must be collected separately to municipalities. A list of signatures of county including citizens from another municipality are invalid.

Wording Of Ballot Question:

Yes/No-question

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

(14) The views represented in the County Assembly and the representatives of the citizen's initiative on the subject-matter of the decision of the citizens may be represented in publications and events of the county only to the same extent. For the information of citizens the stakeholders will enjoy the same options as in case of the county elections.

Practice

Archive:
Remarks:

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