Carinthia, Austria, local Agenda (setting) initiative [PAX] - Volksbegehren

General Typology

Instrument
Agenda (setting) initiative [PAX]
Location
Carinthia, Austria
Political level
local
Local Name:
Volksbegehren
Normative Level:
statutory
Legally Binding:
no
Legally Defined:

Section 10

Municipal citizens' initiative

§ 55

Introduction

(1) In matters relating to the municipality's own sphere of activity - with the exception of taxes, tariffs and items which ultimately require an individual official decision or other individual measure - citizens of the municipality (§ 2) may submit applications to the competent bodies of the municipality (municipal citizens' initiative).

(2) 5 percent of the municipal citizens entitled to vote in the municipal council shall be entitled to submit a municipal citizens' initiative.

(3) A municipal citizens' initiative shall be submitted in writing to the mayor; it shall contain such petition:

a) an application which also includes the wording of the resolution to be passed,

(b) the local authority to which the application is addressed,

(c) the name of the person authorised to represent the applicants (paragraph 5).

(4) The municipal citizens' initiative shall be joined:

a) the reasons for the application, including any documents,

b) the required number of signatures of municipal citizens (para. 2) with simultaneous indication of the family name or surname and first name, the date of birth and the address of the signatories (application lists).

(5) Every citizen of the municipality may be named as a proxy. If the authorised representative is prevented from attending, the person signing first in the application list and, if he is also prevented from attending or is identical with the authorised representative, the person signing next in the application list shall be deemed to be the authorised representative.

(6) The local electoral authority in office in accordance with the Carinthian municipal council and mayoral election regulations 2002 shall examine whether the legal requirements for a municipal citizens' initiative have been met. If the application does not meet the legal requirements, the municipal electoral authority must issue an official decision to this effect.

§ 56

Effect

If a citizens' initiative of a municipality fulfils the legal requirements, it shall be submitted to the municipal electoral authority by means of the mayor to the designated body as an application. These motions shall be treated in the same way as provided in this Act for other motions submitted to the Municipal Council or the Municipal Executive Board for decision.

References: Kärntner Allgemeine Gemeindeordnung - K-AGO StF: LGBl Nr 66/1998 (WV), (accessed Oct. 8, 2018)

Subject Matter:

So suggest an issue relating to the municipality's own sphere of activity

Actors

Author:
Citizens
Initiator:
Citizens
Decision maker:
Electorate

Requirements

Number Of Signatures:
5%
Available Time:
No time limit found in legal source
Geographical Quorum:
Excluded Issues:

Levies, tariffs and issues which exclusively require an individual official decision or other individual personal measure

Other Formal Requirements:

Procedural Elements

Collection Mode:
free
Specify Collection Mode:
Interaction With Authorities:
Supervision And Support:
Transparency And Finance:

Practice

Archive:
Remarks:

The English version here is a courtesy translation!