Hamburg, Germany, regional Plebiscite [ATP] - Bürgerschaftsreferendum

General Typology

Instrument
Plebiscite [ATP]
Location
Hamburg, Germany
Political level
regional
Local Name:
Bürgerschaftsreferendum
Normative Level:
constitutional
Legally Binding:
yes
Legally Defined:

Article 50

(..)

(4b) Parliament, on recommendation of the Government or with its consent, can submit a bill or other template of fundamental and overall urban significance to the referendum (Parliament plebiscite). Decisions of Parliament pursuant to sentence 1 shall require a majority of two thirds of the statutory number of members.

Two thirds of the members of Parliament may pursuant to sentence 1 initiate a request. Parliament shall act on a recommendation by the Government with a majority of two thirds of the legal number of members about the date of the Parliament plebiscite.

At the time of decision making of the Parliament according sentence 1 a citizens' initiative supported by the required number of signatures to the same subject matter is on the request of the initiators of the citizens' initiative to be attached to the bill for the referendum or the other template as counter proposal. The same applies to the date of adoption of the Parliament pursuant to sentence 1 about a successful agenda initiative, if it is supported in the framework of a collection of signatures between 14 and 35 days after the decision of the Parliament pursuant to sentence 1, by one-twentieth of the electorate. The draft law, the other template, or the counter template is adopted, when it is supported by the majorities mentioned in paragraph 3 sentences 10 to 13. A constitutional amendment voted on another day than the election day to Parliament or to the German Bundestag, it is accepted, if two-thirds of those voting and at least half of the electorate agrees. Laws and decisions on other templates, which are established by a Parliament plebiscite, may within the current term of Parliament, but at least for a period of three years, not be amended by an agenda initiative, citizens' initiative, and a referendum.

Referendum procedures to the same subject-matter, which are not added as a counter proposal, rest until the end of the period pursuant to sentence 9. In addition, paragraphs 4 and 4a shall apply mutatis mutandis.

(5) During a period of three months before a general election in Hamburg no citizens' initiatives and referenda are conducted.

(6) The Hamburg Constitutional Court decides at the request of the Government, Parliament, one-fifth of the deputies, or of the initiators of the citizens' initiative on the conduct of a citizens' initiative, referendum and

Parliament plebiscite. citizens' initiative and referendum rest during the procedure.

(7) The law determines the further. It can also determine periods where the periods referred to in (2) sentence 4, (3) sentence 3 and (4b) sentence 6 will not run due to recess of Parliament or according a decision of the Parliament on a proposal of the initiators of the citizens' initiative.

References: Verfassung der Freien und Hansestadt Hamburg, 1952, (accessed Dec. 3, 2019)

Subject Matter:

To submit a bill or other template of fundamental and overall urban significance to the referendum

Actors

Author:
Parliament
Initiator:
Parliament 2/3rd majority
Decision maker:
Electorate
Lead of counter proposal:
Citizens - See corresponding PCI-instrument

Requirements

Available Time:
Turnout Quorum:
None
Approval Quorum:
-> If the referendum does not take place on the day of the election to Parliament or to the German Federal Parliament, it is accepted if the majority of votes and at least one-fifth of eligible voters agree. -> Referendum on election day - State Parliament or German Federal Parliament: majority of the valid votes and at least corresponds to the majority of the Hamburg votes represented in the elected Parliament at the same time; Constitutional amendments and amendments on the Electoral Code of the State Parliament of Hamburg, or to the District Assemblies require a majority of two-thirds of the valid votes and at the same time at least two-thirds of the Hamburg votes represented in the election to Parliament(s). If in a simultaneous vote on the same subject on several bills or several other templates not only one bill or one other template receives more valid Yes-votes as No-votes, so the bill or the other template is adopted, which receives the biggest number of votes. If the number of valid votes is equal for several bills or several other templates, the one is accepted which receives after the substraction of the No-votes the biggest number of Yes-votes. --> If a Parliament plebiscite does not take place on the day of an election to the German Federal Parliament, or to Parliament, the Parliament template or a counter template is accepted, if in case of a law changing the Constitution a majority of two-thirds of those voting and at least half of eligible voters agree
Geographical Quorum:
None
Excluded Issues:
Other Formal Requirements:

§ 25 m

Lock-up period and rest of referendum procedures

(1) Within the current term of Parliament, but at least for a period of three years after the finding of the Government pursuant to § 25 l in conjunction with § 23 paragraph 6, the request of the collection of signatures for an agenda initiative (§ 3 paragraph 1) on the same subject of law adopted by Parliament plebiscite, or another template adopted by Parliament plebiscite is invalid (§ 50 paragraph 4 b sentence 9 of the Constitution).

(2) Referendum procedures for the same subject to a Parliament plebiscite, which were not annexed to the Parliament plebiscite as counter template, rest during the period referred to in paragraph 1.

The Government determines the rest of a referendum procedure; The determination is delivered by the Government to a representative of the referendum process and to inform the Parliament.

References: Hamburgisches Gesetz über Volksinitiative, Volksbegehren und Volksentscheid (Volksabstimmungsgesetz - VAbstG), 1996, (accessed Dec.3, 2019)

Procedural Elements

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

Practice

Archive:
Remarks:

The English language version here is provided as a courtesy. The German language text is the official version.