Gamprin, Liechtenstein, local Obligatory referendum [LOR] - Gemeindeversammlung

General Typology

Instrument
Obligatory referendum [LOR]
Location
Gamprin, Liechtenstein
Political level
local
Local Name:
Gemeindeversammlung
Normative Level:
statutory
Legally Binding:
yes
Legally Defined:

The Community Law of the Principality of Liechtenstein 

(Gemeindegesetz vom 20. März 1996, version of 29.04.2020)



IV. Organization

A. Community Assembly

1. General


[…]


Art. 25

Position, duties and powers

1) The community assembly is the highest organ of the community. 

2) The community assembly has the following tasks and competences: 

a) Issuing the community statutes and regulations, which justify rights and obligations with penal sanctions; 

b) Election of the community council president and the other members of the community council; 

c) Election of the standing committee on procedures; 

d) Election of those commissions that are to be appointed by law by the municipal assembly; 

e) Abrogated

f) Approval of singular and annually recurring expenditures; 

g) Assumption of sureties and granting of guarantees; 

h) Establishment of communal institutions; 

i) Participation in private or mixed-economy companies; 

k) joining or leaving special-purpose associations;

l) changes in the existence of the municipality or its boundaries; 

m) Construction of larger community facilities and structures; 

n) Deciding upon referenda (Art. 41) and initiatives (Art. 42).

3) The municipal code stipulates whether the decision on regulations that establish rights and obligations with penal sanctions (paragraph 2 letter a), the establishment of community institutions (paragraph 2 letter h) and membership in special-purpose associations (paragraph 2 letter k) fall under the jurisdiction of the community assembly.

4) Tasks and powers according to paragraph 2 let. f (approval of expenditure), let. g (sureties and guarantees), let. i (company investments) and let. m (construction projects) are the responsibility of the community assembly only if the singular expenses to be approved exceed 35% of the operating income. The approval of annually recurring expenses is the responsibility of the community assembly if the expenses exceed 20% of the operating income. In each case, the operating income in the income statement for the previous year, less internal settlements and reimbursements, is decisive.

5) The community assembly exercises the supervision over community authorities and all branches of the community administration including the community institutions.

Art. 26

Resolutions

In all cases where this or another law provides for the calling or holding of a community meeting or a decision by the community citizens residing in the community, the community council can order a ballot instead.

Art. 34

Resolutions

1) The community assembly has a quorum if one sixth of the voters are present. If this quorum is not achieved, a second municipal meeting must be called within six weeks, which has a quorum regardless of the quorum.

2) The resolutions are passed by a simple majority of the voters. In the event of a tie, the motion for which the chairman votes, is accepted.

3) The resolutions become legally valid upon acceptance by those entitled to vote. If the resolutions require the approval of the government, they become legally valid upon publication.


3. Votes by Ballot

[…]

Art. 37

In the urn, the voters decide according to the same provisions as apply to state affairs, whereby a legally valid decision is made when one-sixth of the voters takes part in the vote.

Subject Matter:

Actors

Initiator:
Law
Decision maker:
People

Requirements

Available Time:
Turnout Quorum:
1/6 of electorate
Approval Quorum:
Geographical Quorum:
Excluded Issues:
Other Formal Requirements:

Procedural Elements

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

Practice

Archive:
Remarks:

In the list of competences of the community assembly, thus the citizenry, the letters b to d of Art. 25 refer to representative democracy. For Direct Democracy, only the letters f to n are relevant. Of these 9 remaining competences, 3 are only optional. In case of the letters a, h, k the communities are free to assign the competences of decision either to the community assembly or the community council. Further restrictions relate to decisions about public spending. The people decide directly when a singular expenditure exceeds 35% of the actual income. An annually recurring expenditure needs the approval of the people (either in community assembly or by voting) when it exceeds 20% of the effective income per year. The effective income of the current account of the previous year is decisive in each case. Letter n of Art. 25 refers to other instruments of direct democracy. Here obviously, it is also the competence of the people to directly decide directly about them. Decision of the people can be taken either in a community assembly or by voting in ballots. According to Art. 26, the Community Council decides in which form the citizens make the decision. 

Within the boundaries of the national law, the community of Gamprin/Bendern assigns regulations, which justify rights and obligations with penal sanctions (part of letter a) and the letters h and k of Art. 25 to the community council.