Schleswig-Holstein, Germany, regional Agenda (setting) initiative [PAX] - Volksinitiative

General Typology

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

Section IV The legislation

Article 44 Legislative procedure

(1) The Bills are introduced by the Government or by individual or several members of parliament or by initiatives from the people.

Section V Initiatives from the people, citizens' initiatives and referendum

Article 48 Initiatives by the people

(1) Citizens have the right to address the Parliament in relation to its jurisdiction with certain items of the political process. A bill with reasons can be based on an initiative; It may not contradict the principles of the democratic welfare State based on the rule of law. The initiatives must be signed by at least 20,000 voters. Their representatives and agents have the right to be heard.

(2) Initiatives about the budget of the State, public service salaries and pensions, as well as on taxes are not permitted.

(3) The Parliament decides on the admissibility of the initiative.

(4) The further regulates a law.

References: Verfassung des Landes Schleswig-Holstein, 1950 (accessed Jan. 08, 2020)

§ 6 Application requirements

(1) The request for treatment of agenda initiative in the Parliament shall be directed in writing to the President of Parliament.

(2) The application must contain

1. (a) the full text of the subject of the political will, which Parliament shall deliberate, or

(b) a prepared and reasoned draft of law,

2. the personal and handwritten signature of at least 20 000 voters, upon receipt of the application not older than one year,

3. the names of three representatives of agenda initiative, which are jointly entitled, in the name of the undersigned, to make and receive binding statements (representatives). For the representatives three deputy representatives are to designate.

(3) Illegible or incomplete entries are void. This also applies to entries containing a reservation.

§ 10 Treatment of the agenda initiative in Parliament

(1) The representatives have the right to be heard by the Committee on Petitions of Parliament.

(2) The Parliament may agree with the Bill or the other template only in the unaltered form, unless the representatives agree with an amendment.

(3) If the Parliament does not agree to the bill or the other template, the decision is to reason and immediately to make known.

References: Gesetz über Initiativen aus dem Volk, Volksbegehren und Volksentscheid, (accessed Jan. 08, 2020)

Subject Matter:

To address the Parliament in relation to its jurisdiction with certain items of the political process.

Actors

Author:
Citizens
Initiator:
Citizens
Decision maker:
Parliament

Requirements

Number Of Signatures:
20000
Available Time:
1 year
Geographical Quorum:
None
Excluded Issues:

Initiatives about the budget of the State, public service salaries and pensions, as well as on taxes are not permitted. It may not contradict the principles of the democratic welfare State based on the rule of law.

Other Formal Requirements:

§ 8 Decision on admissibility

(1) The popular initiative is not permitted, if it

1. does not meet the requirements of article 48 paragraph 1 and 2 of the Constitution of the State of Schleswig-Holstein or

2. does not comply with the application conditions according to § 6 or

3. within the last two years before the submission of the citizens' initiative on a substantially the same template has been completed unsuccessfully.

(2) The examination of the conditions referred to in paragraph 1 is an obligation of the State legislature, which can use the assistance of the Ministry of Internal Affairs and Federal Affairs. The registry offices certify the eligibility certificates free of charge.

(3) The Parliament decides on the admissibility of the popular initiative within four months after receipt of the request. The decision is to reason if the request for processing the people's initiative is rejected. It is to deliver to the representatives and to make known.

References: Gesetz über Initiativen aus dem Volk, Volksbegehren und Volksentscheid, (accessed Jan. 08, 2020)

Procedural Elements

Collection Mode:
free
Specify Collection Mode:
Interaction With Authorities:

Section II Agenda Initiative

§ 5 Consulting

(1) The representatives of a proposed agenda initiative may obtain advice through the Ministry of Home Affairs and Federal Affairs. The consultation shall include the constitutional and procedural conditions of admissibility; The representatives must be notified about concerns immediately.

(2) Also the consulting includes the provision of documents, in particular

1. information about previous popular initiatives,

2. address of the municipalities not belonging to an administrative office and administrative offices,

3. collection of texts of the required legislation.

(3) the Ministry of Internal Affairs and Federal Matters shall inform the President of Parliament and the Ministry concerned without delay about the matter of the proposed initiative and after the consultation about the result.

(4) Fees and expenses are not charged.


Supervision And Support:
Transparency And Finance:

Practice

Archive:
Remarks:

Conducting this instrument is necessary to apply for a citizens' initiative!


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