Berlin, Germany, regional Agenda (setting) initiative [PAX] - Volksinitiative

General Typology

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

Article 61 

(1) All residents of Berlin shall have the right to introduce to the House of Representatives certain Berlin-related subjects about the formation of political will that lie within its decision-making competence. The initiative must be signed by 20,000 Berlin residents of at least sixteen years of age. Its representatives shall have the right to be heard by the competent committees.

(2) Details shall be the subject of a law.

References: The Constitution of Berlin, 1995 (accessed Nov. 6, 2019)

§ 3 Organizing institution 

A natural person, a majority of people, an association of persons or a political party can be an organizing institution of an agenda initiative.

§ 4 Request 

The application for the handling of an agenda initiative shall be directed in writing to the President of the House of Representatives of Berlin. Name and address of the organising institution and the wording of the template with a reasoning shall be annexed.

§ 6 Representatives 

(1) The holder of an agenda initiative has to determine five persons of trust as representatives of the agenda initiative. The representatives are entitled to submit and to accept mandatory declarations for the organizing institution on behalf of the undersigned under this act. Explanations of the representatives shall only be binding if they are submitted by at least three representatives.

(2) In the application according to § 4 the name and residence address of the representatives are to be listed.

§ 7 Check of admissibility 

(1) The President of the House of Representatives examines the conditions of admissibility laid down in article 61 (1) of the Constitution of Berlin and of sections 1 to 6 with the exception of the number of valid signatures of support. The examination is carried out within a period of 15 days after receipt of the application.

(2) The organising institution may get a reasonable period of time, which can be used to remedy admissibility deficiencies if a defect can be healed without a change in the subject matter of the people initiative. This does not apply to signatures to be submitted according to § 5.

(3) The President of the House of Representatives determines the admissibility of the application pursuant to paragraph 1 or after the successful elimination of deficiency by the organizing institution referred to in paragraph 2 an directs the signature lists and sheets to the Senate Department responsible for internal affairs.

It forwards the signature lists and sheets to the district offices without regard to their territorial jurisdiction for the home of the registered persons to verify the validity. The district offices check within 15 days from receipt by the Senate Administration competent for Internal Affairs the signature lists and sheets. These communicate the number of valid signatures to the Senate Administration responsible for Home Affairs, which immediately announces the total number of valid signatures to the President of the House of Representatives.

§ 9 Deliberation of the agenda initiative in the House of Representatives 

(1) Permitted agenda initiatives will be discussed by the House of Representatives within four months after determining the admissibility by the President of the House of Representatives (§ 8 (1)).

(2) The representatives have the right to be heard in the relevant committees. After the hearing, a debate on the agenda initiative is conducted in the House of Representatives.

References: Gesetz über Volksinitiative, Volksbegehren und Volksentscheid, 1997 (accessed No. 6, 2019)

Subject Matter:

To introduce to the House of Representatives certain Berlin-related subjects about the formation of political will that lie within its decision-making competence

Actors

Author:
Citizens
Initiator:
Citizens
Decision maker:
Parliament

Requirements

Number Of Signatures:
20000
Available Time:
Signatures shall not be older than 6 months
Geographical Quorum:
Excluded Issues:
Other Formal Requirements:

Procedural Elements

Collection Mode:
free
Specify Collection Mode:

§ 5 Signatures
(1) The application must be signed by at least 20000 persons who are at least 16 years old on the day of signing and who are registered in the register of residents with their sole residence or main residence in Berlin. The signature must be paid within the last six months before the application is received by the Berlin House of Representatives. Each signature must be on a signature list or on a separate signature sheet, on which or on which the petition has been submitted. preceded by the text of the submission or its main content in abbreviated form.
(2) In addition to the handwritten signature, the following data of the signatory person shall be indicated in handwriting:
1. family name
2. first name
3. date of birth,
4. address of the sole residence or main residence,
5. day of signature.
(3) If the handwritten indication of the date of birth is missing or if it is incomplete, erroneous or illegible, the signature shall be deemed invalid. In addition, the signature shall be deemed invalid if the person cannot be identified beyond doubt on the basis of the entries or if it cannot be established beyond doubt whether the signature was made in due time or whether the person signing was entitled to participate on the day the signature was made. If the entries contain additions or reservations, if they are not handwritten or were not made in due time, or if they were sent by fax or electronically, the signature shall also be deemed invalid.
(4) The responsible body shall use uniform signature lists and forms and procure them at its own expense.
(5) A person who is willing to support but cannot write declares his or her support to be recorded in the district office.

References: Gesetz über Volksinitiative, Volksbegehren und Volksentscheid, 1997 (accessed No. 6, 2019)

Interaction With Authorities:
Supervision And Support:

§ 40 a Right of advice 

The organizing institution of an agenda initiative or a citizens' initiative can consult the responsible Government Interior Administration with regard to the formal and substantive conditions of admissibility of the application and the legal provisions for the implementation of the project.

Transparency And Finance:

§ 40b Notification of individual donations
(1) Donations of money or goods exceeding a total value of 5,000 euros shall be reported immediately to the Senate Administration responsible for Home Affairs, stating the name and address of the donor and the total amount of the donations. For donations in kind, the usual market price shall apply.
(2) The persons in a position of trust affirm in lieu of an oath with the application for the treatment of a popular initiative pursuant to § 4, the application for the initiation of a petition for a referendum pursuant to § 14, the request for the execution of a petition for a referendum pursuant to § 18 and 15 days before the date of the vote of a referendum, that the duty of disclosure has been fully and correctly complied with.
(3) The monetary donations shall be administered separately by the wearer in an account stating the donor and the amount donated. Donations in kind shall be recorded in a record showing the donor, the object of the donation and the market value. The Senate Administration responsible for Internal Affairs may, if there are actual indications of an incomplete notification pursuant to paragraph 1, order the bearer to submit documents on donations and authorise its account-holding financial institution to provide the Senate Administration responsible for Internal Affairs with information on the individual donations as well as the names and addresses of the donors. The order may be enforced by way of administrative execution.
(4) The Senate Administration responsible for Home Affairs shall publish the information referred to in subsection 1 continuously in the Official Gazette for Berlin and forward it to the Head of the State Voting, who shall also publish the information on the Internet.

Practice

Archive:
Remarks:

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