Innsbruck, Austria, local Plebiscite [ATP] - Volksbefragung

General Typology

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

Section 3

Popular consultation, citizens' initiative and petitions

§ 43

Popular consultation

(1) Matters relating to the municipality's own sphere of activity may be the subject of a consultation of the citizens of the municipality entitled to vote (popular consultation).

(2) A popular consultation shall be conducted if the municipal council decides to do so with a two-thirds majority of the members present.

(3) The question on which the popular consultation is to be based is to be formulated in such a way that its answer can only be answered with "yes" or "no".

(4) Elections of the municipal organs, the employment of municipal employees and the solution of their employment relationship as well as other personnel matters, tax matters and the determination of fees (tariffs) for the use of the public facilities of the city or its economic enterprises, expressions of will by the municipality as holder of private rights on the basis of which a right has accrued to somebody, as well as official decisions or decrees cannot be made the subject of a popular consultation.

§ 45

Call for the popular consultation and the citizens' initiative

(1) If the local council decides to hold a popular consultation, it shall at the same time decide on the call.

(3) The popular consultation or the vote on the citizens' initiative shall be held at the latest within two months of the call on a Sunday.

(4) The day of the popular consultation or the vote on a citizens' initiative shall be announced by a public notice on the official notice board for two weeks and in accordance with local custom. The same applies to the question to be answered or to the wording of the citizens' initiative.

§ 46

Conducting the popular consultation and the citizens' initiative

The provisions of the Innsbrucker Wahlordnung 2011 concerning the preparation and conduct of the election shall apply mutatis mutandis to the preparation and conduct of a popular consultation or a vote on a citizens' initiative, with the proviso that

a) the first day of the announcement (§ 45 para. 4) shall be deemed the day of the announcement of the election and the deadline within the meaning of the Innsbruck Election Regulations 2011,

b) the 20th or 19th day after the deadline within the meaning of § 25 para. 1 or para. 2 of the Innsbrucker Wahlordnung 2011 is replaced by the seventh or sixth day after the deadline and

c) §§ 26 and 27 of the Innsbrucker Wahlordnung 2011 are not applicable.

The election authorities in office under the Innsbruck Election Regulations 2011 shall act as voting authorities. The voting authorities are not bound by instructions when carrying out these tasks.

§ 47

Result of the popular consultation

(2) The question on which the popular consultation is based shall be deemed either to have been answered in the affirmative or to have been answered in the negative if more than half of those entitled to vote validly voted "yes" or "no" respectively.

(3) Every citizen of a municipality entitled to vote may submit a written request to the Central Election Authority to review the numerical determination of the result of the vote within one week.

(4) After expiry of the deadline for filing a request for review (subsection 3), the result and the subject of the popular consultation shall be included in the agenda of the next meeting of the municipal council. If the question underlying the referendum has been validly answered in the affirmative or in the negative by more than half of the voters, the municipal council shall at this meeting adopt or initiate the resolutions necessary to establish a legal status corresponding to this vote. If the municipal council does not fulfil this obligation or does not fulfil it in full in a matter of the municipality's own sphere of activity in the area of State implementation, the State Government shall order the dissolution of the municipal council and a new election shall be held within three months. The result of the popular consultation in question shall no longer bind the newly elected municipal council. In the event of the dissolution of the municipal council, the provisions of § 82 shall apply mutatis mutandis.

References: Innsbrucker Stadtrecht 1975, (accessed Oct. 6, 2018)

Subject Matter:

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

Actors

Author:
City Council
Initiator:
2/3rd majority of City Council
Decision maker:
Electorate

Requirements

Available Time:
Turnout Quorum:
No turnout quorum found in legal source
Approval Quorum:
50+% of valid votes
Geographical Quorum:
No geographical quorum found in legal source
Excluded Issues:

Elections of the municipal organs, the employment of municipal employees and the solution of their employment relationship as well as other personnel matters, tax matters and the determination of fees (tariffs) for the use of the public facilities of the city or its economic enterprises, expressions of will by the municipality as holder of private rights on the basis of which a right has accrued to somebody, as well as official decisions or decrees cannot be made the subject of a popular consultation.

Other Formal Requirements:

Procedural Elements

Wording Of Ballot Question:

The question on which the popular consultation is to be based is to be formulated in such a way that its answer can only be answered with "yes" or "no".

Interaction With Authorities:
Supervision And Support:
Transparency And Finance:

Practice

Archive:

If the municipal council does not fulfil this obligation or does not fulfil it in full in a matter of the municipality's own sphere of activity in the area of State implementation, the State Government shall order the dissolution of the municipal council and a new election shall be held within three months. The result of the popular consultation in question shall no longer bind the newly elected municipal council.

Remarks:

The English version here is a courtesy translation!