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

General Typology

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

5th section The legislation

Article 70 [Legislative initiative, decision of laws]

(1) Legislative proposals are introduced by the State Government, from the middle of the Parliament or the people by citizens' agenda initiative.

(2) The laws are decided by the Parliament or directly by the people through referendum.

Article 71 [Citizens' agenda initiative] 

(1) All eligible persons in the State have the right to start a agenda initiative. It must be supported by at least 40 000 voters by their signature. It must be based on a reasoned bill.

(2) The citizens' agenda initiative is to submit to the President of the State Parliament. After obtaining the opinion of the Government, it immediately decides on the admissibility. If it considers the agenda initiative as unconstitutional, on its request the Constitutional Court decides.

The agenda initiative shall not be considered as inadmissible until a negative decision.

(3) The President of the State Parliament publishes an admissible agenda initiative with justification.

(4) The State legislature gives opportunity for hearing of the applicants .

References: Verfassung des Freistaates Sachsen, 1992 (accessed Jan. 06, 2020)

Part 2 Citizens' agenda initiative

§ 3 Representative 

A representative and a deputy representative shall be named in the agenda initiative; If this notice is missing the person who has signed the first is deemed to be representative and the person who has signed as a second, as deputy. A representative may waive its legal status by written declaration to the President of Parliament; in this case, and in case someone becomes incapacitated, sentence 1 half sentence 2 proper will apply accordingly.

The representative and the deputy, each separately, are entitled to submit mandatory declarations about the application and to receive those. In case of doubt, the declaration of the representative is valid.

§ 8 Submission and opinion 

(1) The agenda initiative is to submit to the President of Parliament.

(2) The Parliament requests the opinion of the State Government about the admissibility of the agenda initiative (article 71 paragraph 2 sentence 2 of the Constitution of the Free State of Saxony); This has to be done immediately.

§ 10 Examination by the President of Parliament 

After obtaining the opinion of the Government, the President of Parliament decides immediately on the admissibility of the request of the people. By verifying the validity of supporting signatures he is not bound by the decisions of the municipality in accordance with § 6.

§ 11 Jurisdiction and procedure of the Constitutional Court 

(1) If Parliament considers the formal requirements of the agenda initiative as not met or considers it unconstitutional because of other reasons wholly or partly, the Constitutional Court decides on his request. The Parliament informs the representative and the deputy about the application.

(2) The Constitutional Court provides the representative and the deputy, as well as the State Government opportunity to comment within a period of time to be determined. The representative and the deputy as well as the State Government may join the proceedings.

(3) The agenda initiative shall not be considered as inadmissible up to a contrary decision of the Constitutional Court.

§ 13 Publication

The Parliament publishes underlying bill of the agenda initiative including the justification in the Saxon Official Journal.

§ 14 Treatment in the Parliament 

The Parliament decides on the request of the people according to the provisions of its rules of procedure. It gives the applicants opportunity to be heard.

References: Gesetz über Volksantrag, Volksbegehren und Volksentscheid, 1993 (accessed Jan. 06, 2020)

Subject Matter:

To introduce a legislative proposals

Actors

Author:
Citizens
Initiator:
Citizens
Decision maker:
Parliament

Requirements

Number Of Signatures:
40 000 voters
Available Time:
No deadline
Geographical Quorum:
None
Excluded Issues:

Article 73 [Inadmissibility of an agenda initiative, citizens' initiative and referendum, repeat] 

(1) On tax, salary and budget laws agenda initiative, citizens' initiatives and referendums will not take place.

(2) An agenda initiative rejected by referendum can be repeated only at the earliest after expiry of the term of the Parliament.

(3) The further on citizens' agenda initiative, citizens' initiative and referendum determines a law in which also the entitlement to reimbursement of the necessary cost for the organisation of the citizens' initiative and a reasonable vote campaign is regulated.

Other Formal Requirements:

Procedural Elements

Collection Mode:
free
Specify Collection Mode:

§ 4 Signature sheet

(1) The signatures for the agenda initiative are to present on signature sheet according the official model.

(2) Each signature sheet must contain the bill of the agenda initiative including the explanatory statement.

(3) The procurement of the signature sheets is the duty of the applicants.

§ 6 Confirmation by the municipality

(1) By a confirmation of the municipality of residence, in case of several residences the municipality of main residence, or in the case of § 5 para 2 sentence 2 of the place of the usual stay is to prove that the signature of support is valid.

(2) A supporting signature is valid if

1. the undersigned is entitled to vote,

2. the signature sheet meets the requirements of § 4 and

3. the requirements of § 5 are met.

(3) The confirmation is granted free of charge and immediately on the signature sheet.

If there is no valid support signature or the municipality is not competent for the place of residence, the confirmation is denied. The ground for refusal is to specify the signature bow. The local not competent municipality is not obligated to forward the signature sheet to the competent municipality.

References: Gesetz über Volksantrag, Volksbegehren und Volksentscheid, 1993 (accessed Jan. 06, 2020)

Interaction With Authorities:
Supervision And Support:
Transparency And Finance:

§ 15 Cost

(1) The costs incurred up to its submission to the President of Parliament of the agenda initiative are carried by applicants; (..)

Practice

Archive:
Remarks:

Please check out the regional citizens' initiative with counterproposal which only can be conducted if the agenda initiative was denied by parliament.

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