Lower Austria, Austria, local Plebiscite [ATP] - Volksbefragung

General Typology

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

Section 5

Consultation of the people

§ 63

Popular consultation order

(1) The municipal council may order a consultation of the members of the municipality entitled to vote (Popular consultation) on matters of its own sphere of activity, except for individual administrative acts and predominantly fiscal matters.

(2) The question to be decided by the consultation of the people shall be asked so clearly that it can be answered either "yes" or "no" or, if two or more variants are to be decided on, the variant chosen can be designated. The municipal council may also decide that the result of the consultation of the people shall be equivalent to a decision of the municipal council, provided that at the same time provision is made to cover any expenses.

§ 66

Voting result and conduct

(1) The result of the vote shall be announced at the latest on the third day after the voting day and shall not be subject to any appeal.

(2) The question posed shall be deemed to have been answered in the affirmative if more than half of the valid votes cast are in the affirmative. If two or more variants have been decided, the variant with the highest number of votes shall be deemed to have been elected.

(3) The result of the consultation shall be forwarded to the competent body of the municipality for proper consideration..

References: NÖ Gemeindeordnung 1973 (NÖ GO 1973), (accessed Oct. 8, 2018)

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§ 9

Citizen consultation

(1) The municipal council may order a citizens' consultation in matters within its own sphere of influence. This resolution requires the approval of two thirds of the members of the municipal council, except in the case of § 8 Para. 3. A citizen survey is also possible for parts of the city area. A citizen survey may not be carried out on individual administrative acts and matters which have a complete or predominant influence on taxes.

(2) The question to be decided by the citizen survey shall be formulated in such a way that it can be answered with "Yes" or "No". If two or more options are to be decided on, it must be possible to clearly identify the option chosen.

(3) In addition, the local council may decide that the result of the citizens' consultation shall be deemed equivalent to a decision of the local council if at the same time provision is made to cover any expenses.

§ 12

The results of the consultation and further treatment

(1) The result of the citizens' consultation shall be made public at the latest three days after its implementation and shall not be subject to any appeal.

(2) The question posed shall be deemed to have been answered in the affirmative if more than half of the valid votes are in the affirmative.

If several options have been decided, the option which received the most votes shall be deemed to have been chosen.

(3) The result of the citizens' consultation shall be submitted by the mayor to the competent body for consideration.

References: NÖ Stadtrechtsorganisationsgesetz (NÖ STROG), 2018 (accessed Oct. 8, 2018)

Subject Matter:

To decide on matters of municipal own sphere of activity

Actors

Author:
Municipal council
Initiator:
Municipal council
Decision maker:
Electorate

Requirements

Available Time:
Turnout Quorum:
No turnout quorum found in legal source
Approval Quorum:
More than half of the valid votes cast. If two or more variants: the variant with the highest number of votes
Geographical Quorum:
No geographical quorum found in legal source.
Excluded Issues:

Individual administrative acts and predominantly fiscal matters

Other Formal Requirements:


Procedural Elements

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

Practice

Archive:
Remarks:

In case of cities: The local council may decide to have a binding consultation!

The English version here is a courtesy translation!