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

General Typology

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

3rd Section

Citizens' initiative

§ 71

(1) The citizen's initiative is the right of the citizens to demand from the municipal council, the head of the municipylity or an authorized committee the adoption of a resolution in a certain matter. Charges, fees and tariffs, elections of municipal bodies, personnel matters as well as decisions concerning specific individuals cannot be the subject of a citizens' petition.

(2) The citizen's initiative must be signed by at least 10 per cent of the voters entitled to vote for the municipal representation.

Application for the execution of a citizens' initiative

§ 72

(1) The request for the implementation of a citizens' initiative shall contain the exact wording of the requested resolution and a statement of reasons, the name of the body requesting the resolution and a name of a person authorised to receive service and a deputy. If no authorised recipient and no representative are named in the application, the first and second applicants in the first list of applications submitted shall be deemed to be authorised recipients and their deputy.

(2) Before the first entry, the application lists shall contain the exact wording of the requested resolution and the body requesting it. The applicants must then enter their first name and surname, date of birth and address in legible characters and enclose their signature.

3. Each applicant may enter his name in the application lists only once. Multiple entries shall be considered as one entry.

(4) The application for the execution of a citizens' initiative must be submitted to the mayor. The mayor shall immediately assign the application to the Municipal Election Authority existing under the provisions of Municipal Election Law, which shall examine the application for admissibility.

(5) Signatures that were signed more than six months ago at the time the application was submitted shall be deemed not to have been made. If the required number of valid signatures is not reached because they have been signed by persons who were not entitled to do so, the municipal election authority shall grant the authorised recipient a grace period of two weeks to supplement this.

Admission of the citizens' initiative

§ 73

(1) The Municipal Election Authority shall discuss the result of the examination of the application with an official decision. This notice shall be sent to the authorised recipient in addition to the mayor. No ordinary appeal may be lodged against the decision.

(2) If the application for the execution of a citizens' initiative has been declared admissible, the persons entitled to vote in the municipality shall vote on it.

(3) From the time of notification of the decision of the Municipal Electoral Authority declaring the petition for the execution of a citizens' petition admissible, the Municipal Representation, the Municipal Council or the authorised committee may only pass a resolution in the event of imminent danger which makes it impossible or substantially more difficult to pass and execute the petitioned resolution. The decision-making requirements of § 32 para. 3 shall apply to such a resolution.

Effect

§ 74

If the unconditional majority of the valid votes cast is "yes", the mayor must convene the municipal council, the head of the municipality or the authorised committee within one month and put the desired item on the agenda. The reasons stated in the citizens' initiative shall be included in the deliberations.

References: Salzburger Gemeindeordnung 1994, (accessed Oct. 8, 2018)

Subject Matter:

To decide on a suggestion about the adoption of a resolution

Actors

Author:
Citizens
Initiator:
Citizens
Decision maker:
Electorate

Requirements

Number Of Signatures:
10% of voters
Available Time:
Signatures signed not earlier than six months ago at the time the application
Turnout Quorum:
No turnout quorum found in legal source
Approval Quorum:
Absolute majority
Geographical Quorum:
No geographical quorum found in legal source
Excluded Issues:
Other Formal Requirements:

Procedural Elements

Collection Mode:
free
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!