Rhineland-Palatinate, Germany, regional Agenda (setting) initiative [PAX] - Volksinitiative

General Typology

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

 Article 108a 

(1) Citizens have the right to address the Parliament within the framework of its jurisdiction (agenda initiative) with certain issues of the political process. An agenda initiative can be based on an elaborated draft law, as far as it does not concern with financial issues, tax laws and salary systems.

(2) The agenda initiative must be signed by at least 30 000 voters. The Parliament decides within three months after the conclusion of the agenda initiative on the subject. If it does not agree to a agenda initiative, which has a draft law as subject, in the period referred to in sentence 2, the representative of the agenda initiative may apply for the conduct of a citizens' initiative.

(3) The further regulates the Electoral Code. It can provide as well, that signatures for the citizens' initiative shall be submitted within a certain period of time.

References: Verfassung für Rheinland-Pfalz, 1947 (accessed Jan. 06, 2020)

§60d

(..)

Also an agenda initiative which has a bill as subject and the content of which is incompatible with the Constitution or other higher-ranking law, in particular the Federal Law, or is directed to an improper revision of the Constitution is not admissible. Several independent issues cannot be the subject of an agenda initiative directed towards adoption of a law.

§ 60e Application for treatment of the agenda initiative 

(1) The application for treatment of the agenda initiative in the Parliament is to be submitted in writing to the President of the Parliament.

(2) The request must contain the full text of the subject of the agenda initiative, if the initiative is about adopting, the modification or the repeal of a law, an elaborated draft of law and reasoned,

2. a short label, which rightly describes the subject of the agenda initiative,

3. carry the personal and handwritten signature of at least 30000 voters (article 108 a para 2 sentence 1 of the Constitution), which at the earliest has been done one year before the receipt of the request to the President of the Parliament,

4. the name of three eligible persons and their deputies, which are jointly authorized to represent the applicants in all transactions related to the agenda initiative.

(3) In addition to the signature, the family name, first name and address (main residence) of each signatory and the day of the signature performance in clearly legible form shall be indicated. A supplementary or reservation is prohibited. The voting rights of each signatory shall be demonstrated through a confirmation issued free of charge by the municipality of residence.

(4) The representatives of the agenda initiative, as well as their deputies are to indicate with family name, name and address (main residence). The authorized person referred to in the application in the first place is considered to be empowered alone to the receipt of all communications and decisions related to the agenda initiative in context. The representatives of the agenda initiative, as well as their deputies must have signed the application themselves.

(5) The costs incurred up to the receipt of the request at the President of the Parliament, are paid by the applicants.

§ 60f Decision and notification 

(1) The State legislature decides as soon as possible whether the application meets the requirements according to the §§ 60 d and 60e par. 1 to 4. The verification of the signatures under §60e para 2 No. 3 and paragraph 3 is conducted with the help of the State Electoral Officer. If the application meets the requirements, the agenda initiative has been concluded with the accepting decision of the Parliament. § 6 par. 2 of the Connectivity Execution Law shall remain unaffected.

(2) If the application contains remediable violations of § 60e, a reasonable period is to be provided for the applicants for the elimination of the deficiencies, but not more than a month. Sentence 1 does not apply to missing signatures. After the deadline, defects can no longer be remedied.

(3) If the application has not reached the required number of signatures under §60e para 2 No. 3, the Parliament can send it with the consent of the applicants to the Committee on Petitions of the Parliament.

(4) The State legislature decides within three months after the conclusion of the agenda initiative on the subject (article 108 a para 2 sentence 2 of the Constitution). The representatives of the agenda initiative have the right to be heard in the relevant committees of Parliament.

(5) The applicants have to be informed about decisions according paragraph 1 sentence 1 and paragraph 4 sentence 1 by the President of the Parliament and to be published. If the application for treatment of the agenda initiative is inadmissible the decision to justify.

(6) If the State legislature does not agree with the agenda initiative, which has a draft law as subject, within the period mentioned in paragraph 4 sentence 1, the representatives of the agenda initiative can apply for conducting a citizens' initiative (article 108 a paragraph 2 sentence 3 of the Constitution). The request must be addressed to the State Government in writing within three months after the notification of the decision pursuant to paragraph 4 sentence 1. The authorisation process according §§ 62 to 64 shall be omitted. The State Electoral Officer publishes the request and sets the beginning and end of the period within which registration for the citizens' initiative can take place (registration deadline).

References: Landeswahlgesetz, 2004 (accessed Jan. 06, 2020)

Subject Matter:

To address Parliament to deliberate on issues of the political process

Actors

Author:
Citizens
Initiator:
Citizens
Decision maker:
Parliament

Requirements

Number Of Signatures:
30000
Available Time:
1 year
Geographical Quorum:
None
Excluded Issues:

Financial issues, tax laws and salary systems

Other Formal Requirements:

Procedural Elements

Collection Mode:
free
Specify Collection Mode:
Interaction With Authorities:
Supervision And Support:
Transparency And Finance:

Practice

Archive:
Remarks:

The applicants may apply for a citizens' initiative without proof of the necessary number of supporters -  if Parliament rejects the request!


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