Mecklenburg-Vorpommern, Germany, regional Agenda (setting) initiative [PAX] - Volksinitiative

General Typology

Instrument
Agenda (setting) initiative [PAX]
Location
Mecklenburg-Vorpommern, Germany
Political level
regional
Local Name:
Volksinitiative
Normative Level:
constitutional
Legally Binding:
no
Legally Defined:

Article 55 (Legislative procedure)

(1) Bills are introduced by the Government or from the middle of the State Parliament and in accordance with articles 59 and 60 by the people. (..)

II. Initiatives from the people, citizens' initiative and referendum

Article 59 (Agenda initiative)

(1) Within the framework of its jurisdiction by an agenda initiative the Parliament may be engaged in subjects of the political decision process. An agenda initiative may also introduce a draft law with reasoned content.

(2) An agenda initiative must be signed by at least 15,000 voters. Its representatives have the right to be heard.

(3) Initiatives about the state budget, concerning duties and salary are not permitted.

(4) The further determines the law.

References: Verfassung des Landes Mecklenburg-Vorpommern,1993 (accessed Dec. 13, 2019)

§ 7 Application for admission of the agenda initiative

The application for approval of an agenda initiative is to submit to the Parliament, represented by the President. The application must include the following:

1. a written template that refers to and justifies the political subject, or a draft bill with reasons,

2. specifically related to the written submission of a list of signatures of at least 15,000 eligible voters at the time of their signature performance,

3. the names and addresses of the representative in accordance with § 2 para 4.

§ 8 Decision on the application for admission

(1) The President of the Parliament provides the review by the State Electoral Officer immediately after receipt of the request.

(2) The State Electoral Officer decides on the admissibility of the agenda initiative within six weeks.

The initiative should be rejected if:

1. conditions for admission pursuant to article 59 of the Constitution of the State and according to this law are not met, in particular the number of 15,000 valid signatures has not been achieved.

2. the registrations in the list of signatures are illegible in a way that the minimum admission requirements can not be established.

If the application contains recoverable defects, the State Electoral Officer assigns the applicant to resolve them within two weeks.

(3) If the State Electoral Officer grants the authorisation of the application, he without delay forwards the decision in writing together with the application documents to the President of the State Parliament.

(4) The rejection of the request is to justify in writing, to provide with information on legal remedies available, and to deliver.

§ 9 Treatment of the agenda initiative

(1) The President of State Parliament causes that the approved initiative is treated immediately upon receipt in the earliest possible Parliament session in accordance with the rules of procedure of the Parliament.

(2) The Parliament has three months to take a decision on the content of the agenda initiative. The deadline is inhibited during the period from July 1 until August 31 of each year.

(3) In the Committee of Parliament dealing with the agenda initiative, a representative of the applicants is entitled to explain the initiative. The respective Committee determines more, especially the timing. It can include also further persons in the hearing.

References: Gesetz zur Ausführung von Initiativen aus dem Volk, Volksbegehren und Volksentscheid in Mecklenburg-Vorpommern (Volksabstimmungsgesetz) VaG M-V, 1994, (accessed Dec. 13, 2019)

Subject Matter:

To engage Parliament in subjects of the political decision-making process/draft laws

Actors

Author:
Citizens
Initiator:
Citizens
Decision maker:
Parliament

Requirements

Number Of Signatures:
15 000
Available Time:
No deadline
Geographical Quorum:
Excluded Issues:

Initiatives about the state budget, concerning duties and salary are not permitted.

Other Formal Requirements:

Procedural Elements

Collection Mode:
free
Specify Collection Mode:

§ 5 Signature lists

The signature lists in case of an agenda initiative and a citizens' initiative must include:

1. a headline which clearly indicates the purpose of the signature collection,

2. the full text of the bill or of the other subject of the agenda initiative,

3. the continuous numbering of the signatures on the respective signature lists,

4. the name, date of birth, place of residence and address of all signatories in clearly legible form,

5. the personal signatures,

6. the date of each signature performance.

References: Gesetz zur Ausführung von Initiativen aus dem Volk, Volksbegehren und Volksentscheid in Mecklenburg-Vorpommern (Volksabstimmungsgesetz) VaG M-V, 1994, (accessed Dec. 13, 2019)

Interaction With Authorities:
Supervision And Support:

§ 6 Advice by the State Electoral Officer

The representatives of the agenda initiative or of the citizens' initiative can conatct in writing the State Electoral Officer for advice with regard to the necessary compliance with formal requirements of a planned agenda initiative or a citizens' initiative. The State Electoral Manager informs within four weeks after receipt of the inspection request, whether the transmitted documents comply with the legal and constitutional requirements.

References: Gesetz zur Ausführung von Initiativen aus dem Volk, Volksbegehren und Volksentscheid in Mecklenburg-Vorpommern (Volksabstimmungsgesetz) VaG M-V, 1994, (accessed Dec. 13, 2019)

Transparency And Finance:

§ 10 Cost

Applicants bear the cost for the creation of the template, making the signature lists and the presentation of the signatures.

References: Gesetz zur Ausführung von Initiativen aus dem Volk, Volksbegehren und Volksentscheid in Mecklenburg-Vorpommern (Volksabstimmungsgesetz) VaG M-V, 1994, (accessed Dec. 13, 2019)

Practice

Archive:
Remarks:

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