Innsbruck, Austria, local Popular or citizens initiative [PCI] - Bürgerinitiative

General Typology

Instrument
Popular or citizens initiative [PCI]
Location
Innsbruck, Austria
Political level
local
Local Name:
Bürgerinitiative
Normative Level:
statutory
Legally Binding:
no
Legally Defined:

§ 44

Citizens' initiative

(1) Every citizen of a municipality entitled to vote shall be free to apply to the municipality for a specific measure to be taken within the framework of existing laws and ordinances (citizens' initiative) in matters within the municipality's own sphere of activity which fall within the competence of the municipal council and which are not listed in § 43 (4).

(2) The petition must be submitted in writing, must specify the matter in question and must be signed by at least 200 eligible citizens of the municipality.

(3) If a citizens' initiative does not meet the requirements of subsections 1 and 2, the mayor shall reject it by written decision within two weeks.

(4) If a citizens' initiative meets the requirements of subsections 1 and 2, the mayor shall, within two weeks, announce the submission of the citizens' initiative, citing its wording, by publicly posting it on the official notice board for two weeks and, moreover, in the manner customary in the town, with the indication that all eligible citizens of the municipality are free to register with the citizens' initiative within four weeks from the day of the announcement by registering their family or family members. to include their surname and first name, their date of birth and their residential address in a list drawn up by the city.

(5) If not 2,000 eligible municipal citizens have joined the citizens' initiative within the four-week period, the mayor shall reject the citizens' initiative within one week with reference to this circumstance in writing.

§ 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.

(2) If a citizens' initiative has been signed by 2,000 eligible municipal citizens, the mayor shall convene the municipal council within one week to put the citizens' initiative to the vote by the eligible municipal citizens.

(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.

§ 48

Result of the vote on a citizens' initiative

(1) Section 47 shall apply mutatis mutandis to the determination of the result of the vote on a citizens' initiative, subject to the proviso that the ballot papers may only be cast for support or no support.

(2) After expiry of the deadline for submitting a request for review (subsection 1 in conjunction with section 47 subsection 3), the result of the vote on a citizens' initiative and its item shall be included in the agenda of the next meeting of the municipal council.

(3) If a citizens' initiative has validly achieved the support of more than half of the eligible voters, the municipal council shall pass or initiate the resolutions necessary to establish a legal status corresponding to this vote in this meeting (subsection 2). In the event that the municipal council does not fulfil this obligation or does not fulfil it in full, section 47 subs. 4 shall apply mutatis mutandis.

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

Subject Matter:

Decision on support of the proposal of the citizen initiative

Actors

Author:
Citizens
Initiator:
Citizens
Decision maker:
Electorate

Requirements

Number Of Signatures:
Application: 200; Main Phase: 2000
Available Time:
Main Phase: 4 weeks
Turnout Quorum:
No turnout quorum found in legal source
Approval Quorum:
Majority
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

Collection Mode:
restricted
Specify Collection Mode:
Wording Of Ballot Question:

Question may only ask for support or no support of the citiens initiative

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

Practice

Archive:

In the event that the municipal council does not fulfil this obligation or does not fulfil it in full, section 47 subs. 4 shall apply mutatis mutandis: (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.

Remarks:

The English version here is a courtesy translation!