Bremen, Germany, regional Authorities' minority plebiscite [MTP] - Volksentscheid über Gesetz zu Artikel 42 IV.

General Typology

Instrument
Authorities' minority plebiscite [MTP]
Location
Bremen, Germany
Political level
regional
Local Name:
Volksentscheid über Gesetz zu Artikel 42 IV.
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

(b) one quarter of the members of Parliament applies for conducting a 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.

Article 72 

(1) A bill or other template referred to in article 70 is accepted by referendum, if the majority of those who cast their votes, but at least one-fifth of the electorate, agrees.

(2) In the case of constitutional amendments on the basis of a referendum, more two-fifths of the electorate for the referendum must vote in favor.

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

Subject Matter:

To call a referendum on Art. 42 IV [Common property]

Actors

Author:
Parliament
Initiator:
1/4 of Parliament
Decision maker:
Electorate

Requirements

Available Time:
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

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.