Saxony-Anhalt, Germany, regional Agenda (setting) initiative [PAX] - Volksinitiative

General Typology

Instrument
Agenda (setting) initiative [PAX]
Location
Saxony-Anhalt, Germany
Political level
regional
Local Name:
Volksinitiative
Normative Level:
constitutional
Legally Binding:
no
Legally Defined:
Article 80 Agenda initiative

(1) Citizens have the right to address the Parliament with certain matters of the political process relating to the State of Saxony-Anhalt. An agenda initiative may have a reasoned draft law as issue.

(2) An agenda initiative must be signed by at least 30000 registered voters. Their representatives have the right to be heard.

References: Verfassung des Landes Sachsen-Anhalt , 1992 (aktuell: 2015)

§ 3 Representatives

(1) The people's initiative or the citizens' initiative will be represented by five representatives.

(2) The representatives are entitled to issue and to accept binding declarations on behalf of the signatories. Declarations of the representatives shall only be binding if they are submitted by at least three representatives.

§ 5 Request for treatment

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

(2) The application must contain

1. the full text of the subject of the agenda initiative,

2. the personal and handwritten signatures of at least 30000 persons entitled to participate on separate signature sheets according to § 6,

3. the indication of the representatives,

4. the signatures of the representatives.

(3) If the application contains remediable deficiencies, the representatives is to give opportunity to remedy the deficiencies within a reasonable time period, but no longer than three months. After the deadline, the defects can no longer be corrected. Illegible or incomplete entries by signatories are considered defects within the meaning of this paragraph.

§ 7 Decision and notification

(1) The President, or of the Parliament shall decide without delay, whether the application meets the requirements of §§ 4 to 6. The examination of signatures can be conducted by means of sampling, the State Electoral Officer can be consulted.

(2) The decision shall be notified immediately to the representatives and be published together with the subject of the agenda initiative in the Ministerial Gazette for the State of Saxony-Anhalt. It is to justify if the request is rejected.

§ 8 Treatment of not accepted agenda initiatives

(1) Agenda initiatives, which do not receive the required number of signatures (§ 5 paragraph 2 No. 2), will be submitted by President of Parliament to the Committee on Petitions. This deliberates the transferred agenda initiatives like mass petitions;

(2) If the agenda initiative has been signed by at least 4000 persons entitled to participate the representatives shall have the right to be heard

by the Committee on Petitions.

§ 9 Treatment of admitted agenda initiatives

(1) Admitted agenda initiatives, which have no bill as subject will be finally decided by the Parliament within four months after the publication in accordance with § 7 (2) sentence 1.

(2) Admitted agenda initiatives referred to in paragraph 1 will be submitted to the Committee on Petitions. It will hear the representatives of the agenda initiative and can ask the competent Committee of Parliament for recommendations on the subject matter of the agenda initiative, as well as to get advice from experts. The

Petition Committee concludes its deliberations with a recommendation. Following a debate on the agenda initiative in the Parliament takes place in which a representative has the right to be heard.

(3) Admitted agenda initiatives having a draft law as content are finally to be decided within six months by Parliament according to the provisions of the rules of procedure. The representatives have the right to be heard in the Committees and the deliberations of the Parliament.

(4) Several agenda initiatives relating to the same subject-matter, are treated together.

(5) A decision of the Parliament is immediately to be published in the Ministerial Gazette for the State of Saxony-Anhalt.

References: Gesetz über das Verfahren bei Volksinitiative, Volksbegehren und Volksentscheid, 2005

Subject Matter:

To address the Parliament with certain matters of the political process

Actors

Author:
Citizens
Initiator:
Citizens
Decision maker:
Parliament

Requirements

Number Of Signatures:
30000
Available Time:
No deadline
Geographical Quorum:
None
Excluded Issues:

None mentioned

Other Formal Requirements:

Procedural Elements

Collection Mode:
free
Specify Collection Mode:

§ 6 Signature sheet

(1) The signatures for the initiative are to submit on signature sheets according the official pattern.

(2) The signature sheets must contain

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

2. an introductory text, containing the full text of the template or in case of a presentation of a bill the full title of the coveted law and a understandable summarising description of its essential content as well as an explanatory text, so that opportunity was given the signatories at the time of the signature to see the complete bill including justification

3. the indication of the representatives,

4. a special memorandum on the signature sheet which contains the conditions of participation right (§ 2) as well as a note for the signatories that with their signature they assure the existence of these conditions in their case,

5. the continuous numbering of the signatures on the respective signature sheets,

6. the name, first name, date of birth and the address of the main residence of the signatories in clearly legible form,

7. the date of each signature performance,

8. the personal and handwritten signatures.

(3) Eligible participants who are not able to write or read or are prevented through physical affliction from the registration can use the help of another person for the registration.

(4) The President of the Parliament provides official models for the signature sheets at request.

References: Gesetz über das Verfahren bei Volksinitiative, Volksbegehren und Volksentscheid, 2005

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.