North Rhine-Westphalia, Germany, regional Plebiscite [ATP] - Volksentscheid

General Typology

Instrument
Plebiscite [ATP]
Location
North Rhine-Westphalia, Germany
Political level
regional
Local Name:
Volksentscheid
Normative Level:
constitutional
Legally Binding:
yes
Legally Defined:
Article 69

(1) The constitution can only be amended by an act which expressly amends or supplements the wording of the constitution. Amendments of the constitution which are at variance with the principles of a republican, democratic and social state governed by the rule of law in the meaning of the Constitution of the Federal Republic are not permitted.

(2) Constitutional amendments shall require the authorisation of a two-thirds majority of the statutory membership.

(3) If the majority specified in paragraph 2 is not achieved, both the State Parliament and the State Government can obtain authorisation of the desired amendment by means of a referendum.

The constitution can also be amended by a referendum on the basis of a citizens' initiative pursuant to article 68. The bill shall be passed if at least half of voters take part in the referendum and at least two-thirds of the votes are in favour of the bill.

References: Constitution of the Land of North Rhine-Westphalia, 1950 (2011)

Subject Matter:

To call a referendum on a constitutional amendment if 2/3rd majority in parliament was not achieved

Actors

Author:
Parliament/Government
Initiator:
Parliament/Government
Decision maker:
Electorate

Requirements

Available Time:
Turnout Quorum:
At least half of the electorate takes part in the referendum
Approval Quorum:
At least two-thirds of the votes are in favour
Geographical Quorum:
None
Excluded Issues:
Other Formal Requirements:

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.