Burgenland, Austria, local Popular or citizens initiative [PCI] - Volksbefragung

General Typology

Instrument
Popular or citizens initiative [PCI]
Location
Burgenland, Austria
Political level
local
Local Name:
Volksbefragung
Normative Level:
statutory
Legally Binding:
no
Legally Defined:

III. Main Part

Popular Consultation

Section 1 General provisions

General provisions

§ 8

Implementation

(1) In matters concerning the municipality's own sphere of activity, a popular consultation may be held to investigate the will of the members of the municipality on fundamental questions of municipal administration as well as on planning and project planning.

(2) A popular consultation may be held according to the significance of the subject for the entire municipality or for parts of the municipality (local administrative district, urban district).

(3) A popular consultation shall be held if it is required

(..) 

(b) at least 20 per cent of those entitled to vote in the municipal council; or

c) for a part of the local administration (city district) of at least 20 per cent, but not less than 50 per cent, of the persons entitled to vote in the local administration (city district) for the municipal council.

(4) The question to be submitted to a popular consultation shall be as short, factual and unambiguous as possible, without adjunctive judgments and in such a way that it is answered either with "yes" or "no" or, if two or more decision options are to be decided upon, the chosen decision option can be clearly designated.

§ 11

Decision on the application

(1) The municipal council shall decide on the application to hold a popular consultation within four weeks, in the cases of subsections 4 and 5 within eight weeks, after receipt of the application by the municipal office (magistrate).

(2) The application shall be granted if the conditions required under sections 1(2), 8(1) and (3)(b) or (c), 9 and 10 of sections 1(2), 8(1) and (3)(9) are fulfilled.

(3) If the requirements under para. 2 are not met and if an improvement order (para. 4) and the submission of supplementary application lists (para. 5) have not been complied with in due time, the application shall be rejected.

(4) In the case of defects that could be improved (§ 9 para. 2 lit. c to f), the municipal council shall instruct the authorised representative to make the improvement within a period of two weeks.

(5) 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 submit supplementary application lists (§ 10) within two weeks of the notification.

(6) The decision of the municipal council is to be sent to the authorised representative immediately and verifiably. In addition, the decision shall be announced by posting it on the official notice board as well as in accordance with local custom.

§ 43

Treatment of the popular consultation

(1) Once the proceedings have been concluded, the result of the popular consultation shall be the subject of discussion and decision by the competent organ of the municipality.

(2) The result of the treatment by the competent organ of the municipality shall be announced by posting it on the official notice board and shall be made public in accordance with local custom.

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

Subject Matter:

To investigate the will of the members of the municipality on fundamental questions of municipal administration as well as on planning and project planning.

Actors

Author:
Citizens
Initiator:
Citizens
Decision maker:
Electorate

Requirements

Number Of Signatures:
municipality:at least 20 per cent ; city district) of at least 20 %, but not less than 50 %
Available Time:
No time limit found, but: "must have the right to vote in the municipal council at the latest by the end of the day on which the application is submitted"
Turnout Quorum:
No turnout quorum found in legal source
Approval Quorum:
Not specified
Geographical Quorum:
No geographical quorum found in legal source
Excluded Issues:

Fundamental questions of municipal administration as well as on planning and project planning only

Other Formal Requirements:

Procedural Elements

Collection Mode:
free
Specify Collection Mode:

§ 10

Application lists

(1) Applicants (section 8(3)(b) and (c)) shall enter in legible characters on the application lists their handwritten signature and their surnames and first names, their date of birth and the address of their place of residence within the meaning of section 17 of the Local Election Code 1992, LGBl No. 54, as amended.

(2) The application lists shall be numbered consecutively. They must be included before the first entry:

(a) the subject of the consultation, formulated as a question,

(b) a statement that a consultation on the subject is requested,

(c) a statement of reasons.

The reference to the subject of the consultation shall suffice on the other attached pages.

(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 in the municipal council at the latest by the end of the day on which the application is submitted (§ 9, Sub-Clause 1) in the municipality.

Wording Of Ballot Question:
Interaction With Authorities:
Supervision And Support:
Transparency And Finance:

Practice

Archive:
Remarks:

 The English version here is a courtesy translation!