City of Salzburg, Austria, local Plebiscite [ATP] - Bürgerbefragung

General Typology

Instrument
Plebiscite [ATP]
Location
Salzburg, Austria
Political level
local
Local Name:
Bürgerbefragung
Normative Level:
statutory
Legally Binding:
no
Legally Defined:

Citizen consultation, citizen initiative

§ 53d

(1) Matters of the municipality's own sphere of activity may be the subject of a citizens' consultation. Charges, fees and tariffs, elections of municipal bodies, personnel matters and decisions may not be the subject of a citizen consultation.

(2) A citizens' consultation is to be carried out on a resolution of the municipal council, on the order of the mayor (..)

(3) Those persons who would be entitled to vote in a municipal election held on the day of the vote shall be entitled to vote.

Announcement and effect

§ 53h

The results of the citizens' consultation shall be published by the main electoral authority in the Official Gazette of the State Capital. The content of the announcement shall also be made available on the Internet for a period of three months in accordance with technical possibilities. If a majority vote in favour of a petition for a referendum is in favour of the question as to whether a certain resolution of the municipal council is to be passed, this shall form the subject of the deliberation and resolution of the municipal council in public session. A possible transfer of matters of a certain kind to the municipal senate, a committee of the municipal council or the mayor for the provision of services for the municipal council according to § 40 para. 2 does not apply in this case.

Simultaneous conduct of a citizens' consultation (a citizens' initiative) under this Act and a consultation under the Salzburg Referendum Act.

§ 53i

If a citizens' consultation (a citizens' initiative) under this Act is conducted at the same time as a consultation under the Salzburg Referendum Act, the III. Main part of the Salzburger Gemeindewahlordnung 1998 analogously with the proviso that in place of the elections according to the Salzburger Gemeindewahlordnung 1998 the citizens' consultation (the citizens' initiative) according to this law and the consultation according to the Salzburger Volksbefragungsgesetz takes the place of the state election.

References: Salzburger Stadtrecht 1966, (accessed Oct. 8, 2018)

Subject Matter:

To decide on matters of the municipality's own sphere of activity

Actors

Author:
City Council or mayor
Initiator:
City council or mayor
Decision maker:
Electorate

Requirements

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

Charges, fees and tariffs, elections of municipal bodies, personnel matters and decisions may not be the subject of a citizen consultation.

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!