Bremen, Germany, regional Popular or citizen-initiated referendum [PCR] - Volksbegehren

General Typology

Instrument
Popular or citizen-initiated referendum [PCR]
Location
Bremen, Germany
Political level
regional
Local Name:
Volksbegehren
Normative Level:
constitutional
Legally Binding:
yes
Legally Defined:

 Article 70 

(2) A referendum is to be called also in the case of article 42 (4) on a law, approved by Parliament if

(c) one-twentieth of the electorate desires the conduct of a referendum.

In these cases the law shall enter into force the law only in a favourable referendum.

Article 42 [Common property]

IV. A sale of a company of the free Hanseatic City of Bremen, on which the public authorities on the basis of ownership, financial participation, statutes or other provisions which regulate the activity of the company, can directly or indirectly exert a dominant influence and which provide

a) transport services or waste or sewage disposal or energy - or water supply to the general public,

(b) essential contributions to the economic, transport and cultural infrastructure,

c) are suitable to promote the realization of the claim under article 14 paragraph 1 or

(d) serving the general supply of the population with hospitals

is possible only on the basis of a law. Such a law does not come in force before the expiration of three months after its promulgation. Each legal transaction which eliminates the dominant influence of the free Hanseatic City of Bremen and the City Municipality of Bremen is considered as such sale. On small corporations and credit and financial services institutions, this provision does not apply. The same applies if the sale was intended at the emergence of the mastery and conducted in a timely manner.

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

§ 4 Invalid votes 

(1) Votes are invalid if the ballot

1. is not officially established,

2. question posed is marked at the same time with a 'Yes' and a 'No',

3. contains no marking of the question neither with "Yes" or "No",

4. the will of the voter cannot be recognized without doubt.

5.includes additions or a reservation.

(2) Multiple ballots for the same question in a ballot envelope are considered as one ballot when voting on them is the same or only one of them is marked; otherwise, they are considered as invalid.

(3) Furthermore, § 31 (3) to (5) of the Bremen Electoral Act shall apply mutatis mutandis.

§ 6 Referendum result 

(1) A bill or other template referred to in article 70 of the State Constitution is adopted through referendum, if the majority of the votes cast votes "Yes" for the bill or the other template. This only applies if at least one-fifth of the electorate agreed. Two-fifths of the electorate must agree to a constitutional law, which is submitted to the referendum due to a citizens' initiative. More than half of the electorate must agree in case of an early termination of the term of Parliament.

(2) If only one bill of several drafts for the vote achieves the required approval, so this bill is adopted. If two or more bills achieve the required approval, so this bill is accepted which achieves the majority of the valid votes cast in the tiebreaker question. In the case off a tie, in the tiebreaker question this bill is adopted, which receives the majority of valid votes. If the number of valid votes is the same for multiple bills, so one is adopted, which unites the biggest number of Yes-votes after subtracting the No-votes.

Article 10 Application for authorisation

(1) The request for approval of a citizens' initiative shall be submitted to the State Electoral Officer in written form.

(2) The request must

1. in the case of § 8 para 1 include a drafted bill, explaining the reasons, must comply with the provisions of article 71 (2) of the State Constitution, in case of a budget effective citizens' initiative and which has to comply with the provisions of article 125 (1) of the Constitution of the State if the State Constitution shall be amended,

2. signed personally and manually by at least five thousand voters; In addition to the signature, providing family name, first name, date of birth and address (main residence). Each support list must be made according to the pattern according of appendix 1 and the eligibility of the signatories confirmed free of charge by the municipal authorities on the support list.

3. one representative and a deputy, who are entitled to vote, must be named. Unless expressly otherwise determined, each one of them shall be entitled to issue and to receive binding declarations about the application.

(3) Signatures for an agenda initiative on the same subject are, provided they meet the requirements of (2), at the request of the representatives accepted for the citizens' initiative.

(4) The eligibility of the signatories must have been valid on the day of examination of the support list by the municipal authorities.

(5) Not valid are registrations that do not comply with the requirements of (2) no. 2; they are not taken into account when confirming the eligibility of the signers. If a registration with regard to the indication of the surname, first name, date of birth or address is not without any doubt, it does not lead by way of derogation from sentence 1 to their invalidity, if the municipal authorities can clearly associate the registration with a person on the basis of the civil register. The municipal authority can cancel the examination of support lists in case it has determined that the required number of supporting signatures is achieved.

(6) The State Electoral Officer will check to see whether the required number of verified signatures of support is attached to the application for authorisation, and forwards it with the results of the examination to the Government.

§ 13 Notice, start of the registration period

If the authorisation request is approved, the State Electoral Manager has publicly to announce the approval of the citizens' initiative in the State Gazette of the free Hanseatic City of Bremen. The notice must contain

1. the full text of the approved citizens' initiative,

2. the names and addresses of the representatives,

3. the deadline for the submission of signature sheets,

4. the number of the necessary registrations for the conclusion of the citizens' initiative.

§ 18 Submission and evaluation of the signature bow

(1) The signature sheets must be submitted to municipal authorities in which the registered persons have their main residence no later than three months after the notice of approval of the citizens' initiative.

(2) The signature sheets are consecutively to number and to be submitted with a compilation of the serial numbers of the bows and for each bow the total number of the signatures is counted. The number of signatures is to count up.

(3) After the filing of the signature sheets with the corresponding collection, signatures may no longer be filed in later.

(4) The municipality authorities check whether the required number of valid registrations for the conclusion of the citizens' initiative has been achieved. The test shall be performed expeditiously; It can be performed in the form of samples. The check can be aborted if due to the sample it can be expected that the required number is achieved. In these cases, it is believed that the citizens' initiative is adequately supported. The municipal authorities immediately forward the result of its examination with the signature bows to the State Electoral Officer.

References: Gesetz über das Verfahren beim Volksentscheid, 1996 (accessed Dec. 3, 2019)

Subject Matter:

To call a referendum on a law about a sale of a certain company in public ownership  of the State of Bremen

Actors

Author:
Parliament
Initiator:
Citizens
Decision maker:
Electorate

Requirements

Number Of Signatures:
1/20 of the electorate
Available Time:
3 months
Turnout Quorum:
None
Approval Quorum:
Majority of those who cast their votes, but at least one-fifth of the electorate;
Geographical Quorum:
None
Excluded Issues:
Other Formal Requirements:

Procedural Elements

Collection Mode:
free
Specify Collection Mode:

Article 14 Signature sheet

(1) The support of the approved citizens' initiative is carried out by registration in the signature sheet. The procurement of the signature sheets is the responsibility of those who apply for the citizens' initiative.

(2) Each signature sheet must be made according to the model of annex 2 and containing the full text of the approved citizens' initiative, as well as names and addresses of the representative and the deputy representative. If several sheets are combined to a book, is it sufficient if the referred information in sentence 1 is listed on time at the beginning. The signatures are continuously numbered within a sheet or booklet.

(3) Only persons who have their main residence in the same municipality may register on the signature sheet.

§ 16 Registration in the signature sheet

(1) Eligible persons, who want to support the approved citizens' initiative register in the signature sheet with their handwritten signature. In addition to the signature, family name, first name, date of birth and address (main residence) are to be provided. Each eligible person can register only once.

(2) Collecting signatures in the entrance areas of public libraries, community colleges and other institutions of adult education, town-houses, as well as the public museums is permitted, provided that the head of the institution has given consent. The consent can be denied or the authorization revoked if normal operations will be affected by the collection.

(3) A registration may not be withdrawn.

References: Gesetz über das Verfahren beim Volksentscheid, 1996 (accessed Dec. 6, 2019))

Wording Of Ballot Question:
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.