Bremen, Germany, regional Agenda (setting) initiative [PAX] - Bürgerantrag

General Typology

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

Article 123 [Right of initiative, official copy and announcement]

(1) Bills are introduced by an citizens' initiative, by agenda initiative, the Government or by the middle of Parliament. (..)

References: LANDESVERFASSUNG der FREIEN HANSESTADT BREMEN, 1947 (accessed Dec. 3, 2019)

§1 Subject of the agenda initiative

By agenda initiative issues for the deliberation and decision-making are submitted to the Parliament. Amendments to the budget, pensions, taxes, salary‐ and personnel decisions are not allowed.

§ 3 The application form

(1) The agenda initiative is submitted in writing to the Parliament.

(2) The applicants in the case of submission of the application must appoint a representative of the applicants as well as a first and a second deputy

who are entitled to represent the applicants. A representative can be a person who is entitled to support the agenda initiative.

§ 4 The admissibility

(1) After the filing of the agenda initiative, the President of Parliament immediately causes a checking of the signature sheets, unless the citizens request is not obviously inadmissible. It is done by the population registry authorities based on the population register. (..)

§ 5 Treatment in Parliament

(1) Agenda initiatives will be on the agenda of the next meeting of the Parliament, if the admissibility was decided before the meeting of the Board of Parliament in which the meeting of Parliament is scheduled. The representative or a person designated by it at the request is to be heard by the competent Committee or the competent deputation.

(2) civil applications can be transferred for consideration in the competent deputation or in the relevant Committee.

It will be treated within three months after the transfer of to the competent deputation or the relevant Committee and again submitted to the Parliament. In case of not complying with the time limit the citizenship will receive an

Interim report, stating the reasons of impediment to reimburse. The period may be extended with the agreement of the representative or a person designated by it.

(3) Agenda initiatives which are not yet fully treated at the end of the parliamentary term, will be further treated in the next parliamentary term.

References: Gesetz über das Verfahren beim Bürgerantrag, 1994, (accessed Dec. 3, 2019)

Subject Matter:

To submit issues to Parliament for deliberation

Actors

Author:
Citizens
Initiator:
Citizens
Decision maker:
Parliament

Requirements

Number Of Signatures:
5000
Available Time:
No deadline found for signature lists; electoronic form: 6 months
Geographical Quorum:
Excluded Issues:

Budget, pensions, taxes, salary‐ and personnel decisions

Other Formal Requirements:

Procedural Elements

Collection Mode:
free
Specify Collection Mode:

§ 2 Signatures
(1) The citizen's application must be signed on the day of its submission by at least 5 000 inhabitants of the Land Bremen who have reached the age of 16. Each signature sheet must contain the text of the citizens' application. The signature must be accompanied by the surname, first name, date of birth and address. Citizen applications can be supported by anyone who is entitled to do so on the day the citizen application is submitted.
(2) Residents may also support the application by means of electronic communication. The Senator for Finance shall determine by ordinance the technical procedures which are permitted for this purpose and which are regulated by law and which sufficiently ensure the authenticity of the electronically transmitted document. Data may be transmitted to the registration authorities for the purpose of verification pursuant to § 4.
(3) Entries which do not comply with paragraph 1 or 2, are illegible or incomplete or contain an addition or reservation shall be invalid. (4) For the intended citizens' application, support may be collected by means of signature forms or electronic communication. The signature forms and the electronic support signatures shall be evaluated together for the purpose of achieving the quorum provided for by law.

§ 2a Electronic citizen application
1. In order to allow electronic support for an initiative to submit a citizens' application, the relevant text may also be published on an Internet site operated by citizens.
2. The purpose and justification of the initiative to submit a citizens³ application shall be limited to the essentials and clearly set out for publication. They may not refer to a person in a recognisable way.
3. Publication shall not take place if the text or parts of the text
1. contains statements that violate human dignity;
2. contains manifestly false, distorting, discriminatory, racist or offensive expressions of opinion;
3. is manifestly unobjective or the author obviously assumes false premises;
4. calls for criminal offences or misdemeanours or demands measures which violate the constitutional order or the moral code;
5. contains protected information, interferes with the personal rights of persons, for example by naming them, promotes commercial products or processes or otherwise contains advertising;
6. contains links to other websites;
7. appears likely to encumber social peace, international relations or intercultural dialogue;
8. uses a language not appropriate to the dignity of Parliament; or 9. is not written in German.
4) The period within which persons can support an initiative to submit a citizen's application electronically on a website operated by the parliament is six months. In the case of electronic support, the simple vote of the respective supporter and an individualisation analogous to the signature must be guaranteed. (5) At the end of the publication period, the electronic support shall be made available to the initiative to submit a citizens' application.

Interaction With Authorities:
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.