Burgenland, Austria, local Popular or citizen-initiated referendum [PCR] - Volksabstimmung aufgrund eines Antrags

General Typology

Instrument
Popular or citizen-initiated referendum [PCR]
Location
Burgenland, Austria
Political level
local
Local Name:
Volksabstimmung aufgrund eines Antrags
Normative Level:
statutory
Legally Binding:
yes
Legally Defined:

§ 50

Implementation

(1) The right to a referendum is the right of the members of the municipality to decide whether a decision of the municipal council should be valid in the affairs of the municipality's own sphere of activity.

(2) A referendum shall be held if it

a)  (..)

b) is requested (..)  at least 25 per cent of those entitled to vote in the municipal council.

(3) All decisions of the municipal council which may be the subject of a referendum shall be announced immediately after the decision has been taken by posting them on the official notice board. Such resolutions shall be valid at the earliest one week after publication if no notification pursuant to § 51 para. 1 is submitted.

Referendum on the basis of a proposal

§ 51

Display of parishioners on the submission of an application

(1) The submission of a motion to hold a referendum (§ 52) by at least five per cent of those entitled to vote in the municipal council shall be notified to the municipal council within one week of the announcement of the decision of the municipal council (§ 50 para. 3). The notification shall be submitted to the municipal office (magistrate).

(2) The notification shall contain:

a) the name and date of the decision of the municipal council on which a petition for a referendum is submitted,

(b) the designation of one person entitled to make an application as authorised representative and one person entitled to make an application as his representative, stating his family name, first name, date of birth and address of residence,

c) the handwritten signature of the authorised representative and his deputy.

(3) § 53 shall apply. The valid entries of community members shall be counted towards the applicants.

(4) If the requirements pursuant to paras. 1 to 3 and §§ 1 paras. 2 and 50 paras. 1 are met, the relevant municipal council resolution shall not be valid for the time being.

(5) If the requirements pursuant to para. 4 are not met, the notification shall be deemed not to have been submitted. The authorised representative (para. 2 lit. b) shall be notified of this without delay in a verifiable manner.

§ 52

Request from parishioners to hold a referendum

(1) The request to hold a referendum shall be addressed to the municipal council and within two months of the announcement of the decision of the municipal council (section 50(3)) to the municipal office (magistrate).

(2) The application has to contain:

(a) the name and date of the municipal council resolution,

(b) an express request for a referendum to be held,

c) a statement of reasons,

d) the designation of the authorised representative and his deputy (section 51(2)(b)),

e) the handwritten signature of the authorised representative and his deputy.

(3) The request for a referendum to be held may be withdrawn by the authorised representative until the decision is made by the municipal council (section 54(1)) 

§ 53

Application lists

(1) The applicants entitled to vote in the municipal council (§ 50 para. 2 lit. b) shall enter their own handwritten signature and their surnames and first names, their date of birth and the address of their place of residence within the meaning of § 17 of the municipal election regulations 1992, LGBl. No. 54, as amended, in legible writing on the application lists.

2. The application lists shall be numbered consecutively and shall appear on each sheet:

(a) the name and date of the decision of the municipal council,

(b) a statement that a referendum on the decision of the municipal council is required.

(3) Each applicant may only register once in the application lists. Multiple entries shall be considered as one entry.

(4) Applicants must have the right to vote on the municipal council at the latest by the end of the day on which the notification of the submission of a request for a referendum (§ 51, Sub-Clause 1) is submitted.

§ 54

Decision on the application

(1) The municipal council shall decide on the request to hold a referendum within four weeks, in the cases of subsections 5 and 6 within eight weeks, after receipt of the request by the municipal office (magistrate).

(2) If several applications for a referendum on the same municipal council resolution are submitted independently of each other, the valid entries of all applications shall be counted together if the persons entitled to make the application and nominated as proxies in the individual applications agree and if they nominate a joint proxy and deputy. If this is not the case, the municipal council must decide on each motion separately in accordance with para. 1.

(3) The application shall be granted if the conditions required under §§ 1 para. 2, 50 para. 1 and 2 lit. b, 51 para. 4, 52 and 53 are fulfilled.

(4) If the requirements under para. 3 are not met and if an order for improvement (para. 5) and the submission of supplementary application lists (para. 6) have not been complied with in due time, the application shall be rejected.

(5) In the case of defects that could be improved (§ 52 para. 2 lit. a, c to e), the municipal council shall instruct the authorised representative to make the improvement within a period of two weeks.

(6) If the required number of applicants is not reached because entries in the application lists are found to be invalid, the municipal council shall demonstrably notify the authorised representative thereof. The authorised representative may, within two weeks after the notification, submit additional application lists (§ 53).

(7) The decision of the municipal council shall be demonstrably served on the authorised representative without delay. In addition, the decision shall be announced by posting it on the official notice board and shall be made public in accordance with local custom.

(8) In the case of para. 4, the decision of the municipal council on which the holding of a referendum is requested shall become valid after the expiry of the day on which the decision was announced (para. 7).

§ 61

Effect of the referendum

(1) If the procedure has been completed and at least 40 per cent of those entitled to vote in the municipal council have taken part in the referendum and more than half of the valid votes cast are "no", the resolution of the municipal council submitted to the referendum shall not take effect.

(2) If, after the conclusion of the proceedings, a result of the vote pursuant to subsection 1 is not available, the resolution of the municipal council subjected to the referendum shall be valid at the earliest

a) after the expiry of the last day of the objection period (section 41 subs. 3) if no objection has been lodged,

b) if an objection has been lodged and Section 42 (3) has not been applied, after the expiry of the day of publication of the decision in accordance with Section 42 (4).

References: Burgenländisches Gemeindevolksrechtegesetz, 1988 (accessed Oct. 8, 2018)

Subject Matter:

To decide whether a decision of the municipal council should be valid in the affairs of the municipality's own sphere of activity

Actors

Author:
Municipal council
Initiator:
Citizens
Decision maker:
Local electorate

Requirements

Number Of Signatures:
Total: 25%; Application: 5%
Available Time:
Application: within one week of the announcement of the decision; Total: 2 months.
Turnout Quorum:
At least 40 per cent of those entitled to vote in the municipal council have taken part.
Approval Quorum:
More than half of the valid votes cast
Geographical Quorum:
No geograhical quorum
Excluded Issues:
Other Formal Requirements:

Procedural Elements

Collection Mode:
free
Specify Collection Mode:
Wording Of Ballot Question:
Interaction With Authorities:
Supervision And Support:
Transparency And Finance:

Practice

Archive:
Remarks:

 The English version here is a courtesy translation!