Salzburg, Austria, local Popular or citizens initiative [PCI] - Bürgerbefragung - Bürgerbegehren

General Typology

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

Citizen consultation, citizen initiative

§ 53d

(1) Matters of the municipality's own sphere of activity may be the subject of a citizens' consultation. Charges, fees and tariffs, elections of municipal bodies, personnel matters and decisions may not be the subject of a citizen consultation.

(2) A citizens' consultation is to be carried out on (..)  on an application supported by at least 2,000 authorised persons.

If, in the latter case, the questioning concerns a specific resolution of the municipal council (enactment, amendment or revocation of a resolution of the municipal council), it is regarded as a citizens' initiative. In this case, the application must be described as a citizens' initiative. It must contain the wording of the desired resolution of the municipal council or at least a precise description of its content.

(3) Those persons who would be entitled to vote in a municipal election held on the day of the vote shall be entitled to vote.

Application and declarations of support

§ 53e

(1) An application to conduct a citizens' consultation (citizens' initiative) may be made by a person who is entitled to elect the local council on the day the application is submitted. The application can be withdrawn until the decision of the Main Election Authority (paragraph 5).

(2) The required declarations of support may only be submitted by persons who are entitled to elect the local council on the day of their submission. The declarations of support to be summarized in lists have to designate the supported application doubtlessly and to contain the family name or surname and the first name, the date of birth and the main domicile address (street, house number, staircase or door number) of each person supporting the application and have to be signed by this under naming of the date. The lists shall not permit the exchange of parts and shall contain sequential numbers for each declaration of support.

(3) The application for a citizens' consultation (citizens' initiative) must be submitted to the mayor. The mayor must immediately forward the application to the main electoral authority, which must examine the application for admissibility in accordance with the provisions of municipal electoral law. If the required number of valid declarations of support is not reached because the application has been supported by persons who were not entitled to do so, the Main Election Authority shall grant the applicant a grace period of two weeks to complete the application.

(4) Declarations of support may be withdrawn until the time at which the application is submitted to the mayor. Withdrawal may be effected by deletion from the list of declarations of support with the date and signature of the person withdrawing their declaration of support or by a letter to be submitted to the Mayor. Declarations of support that are more than six months old at the same time shall be deemed as not made.

(5) The main election authority must discuss the result of the examination with the decision.

Effect of the application

§ 53f

As soon as the decision of the main electoral authority declaring the application to conduct a public consultation (public petition) admissible becomes final, the local council may take a decision which makes it impossible or substantially more difficult to implement the measures proposed only in the event of imminent danger. Such a decision shall be subject to the same decision-making requirements as the rules of procedure of the local council.

Announcement and effect

§ 53h

The results of the citizens' consultation shall be published by the main electoral authority in the Official Gazette of the State Capital. The content of the announcement shall also be made available on the Internet for a period of three months in accordance with technical possibilities. If a majority vote in favour of a petition for a referendum is in favour of the question as to whether a certain resolution of the municipal council is to be passed, this shall form the subject of the deliberation and resolution of the municipal council in public session. A possible transfer of matters of a certain kind to the municipal senate, a committee of the municipal council or the mayor for the provision of services for the municipal council according to § 40 para. 2 does not apply in this case.

Simultaneous conduct of a citizens' consultation (a citizens' initiative) under this Act and a consultation under the Salzburg Referendum Act.

§ 53i

If a citizens' consultation (a citizens' initiative) under this Act is conducted at the same time as a consultation under the Salzburg Referendum Act, the III. Main part of the Salzburger Gemeindewahlordnung 1998 analogously with the proviso that in place of the elections according to the Salzburger Gemeindewahlordnung 1998 the citizens' consultation (the citizens' initiative) according to this law and the consultation according to the Salzburger Volksbefragungsgesetz takes the place of the state election.

References: Salzburger Stadtrecht 1966, (accessed Oct. 8, 2018

Subject Matter:

To decide on matters of the municipality's own sphere of activity - enactment, amendment or revocation of a resolution of the municipal council

Actors

Author:
Citizens
Initiator:
Citizens
Decision maker:
Electorate

Requirements

Number Of Signatures:
2000
Available Time:
Signatures not older than six months
Turnout Quorum:
No turnout quorum found in legal source
Approval Quorum:
Majority
Geographical Quorum:
No geographical quorum found in legal source.
Excluded Issues:

Charges, fees and tariffs, elections of municipal bodies, personnel matters and decisions may not be the subject of a citizen consultation.

Other Formal Requirements:

Procedural Elements

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

Practice

Archive:
Remarks:

The English version here is a courtesy translation!