Carinthia, Austria, local Plebiscite [ATP] - Volksentscheid

General Typology

Instrument
Plebiscite [ATP]
Location
Carinthia, Austria
Political level
local
Local Name:
Volksentscheid
Normative Level:
statutory
Legally Binding:
yes
Legally Defined:

Section 9

Referendum

§ 51

Decree

(1) The municipal council may determine by decree that an application of the municipal executive board or of a committee submitted to the municipal council for resolution shall be submitted to a referendum. The ordinance shall contain the date of the referendum, the reference date and the wording of the proposed resolution.

(2) The day of the referendum shall be set at a Sunday and the reference date at the first of the month.

(3) Charges, tariffs and items which exclusively require an individual official decision or other individual personal measure may not be the subject of a referendum.

(4) The application for a referendum must be signed by at least one third of the members of the municipal council.

§ 54

Effect

(1) If more than half of the valid votes cast are "yes", this has the effect of an acceptance of the resolution proposal by the municipal council.

(2) The result of the referendum shall be announced by the mayor.

(3) If a decree has been accepted by referendum, its announcement shall be made with reference to the referendum.

(4) If half or more of the valid votes cast are "no", the motion for a resolution shall be deemed to have been rejected by the municipal council.

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

Subject Matter:

To decide on an application of the municipal executive board or of a committee submitted to the municipal council for resolution. 

Actors

Author:
Municipal executive board or of a committee
Initiator:
Municipal Council
Decision maker:
Electorate

Requirements

Available Time:
Turnout Quorum:
No turnout quorum found in legal source
Approval Quorum:
Majority of votes cast
Geographical Quorum:
No geographical quorum found in legal source
Excluded Issues:

Charges, tariffs and items which exclusively require an individual official decision or other individual personal measure

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!