Burgenland, Austria, local Veto-plebiscite [AVP] - Volksabstimmung

General Typology

Instrument
Veto-plebiscite [AVP]
Location
Burgenland, Austria
Political level
local
Local Name:
Volksabstimmung
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

(..)

b) is requested by the mayor (..)

(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.

§ 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:
Mayor
Decision maker:
Electorate

Requirements

Available Time:
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

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

Practice

Archive:
Remarks:

 The English version here is a courtesy translation!