State of Vienna, Austria, regional Agenda (setting) initiative [PAX] - Volksbegehren

General Typology

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

Bodies of Legislation and Execution

§ 113

(1) The municipal council of the City of Vienna shall also be the State Parliament for Vienna. The committees and commissions established by the municipal council are also committees and commissions of the State Parliament.

(2) The legislative period of the Parliament coincides with the election period.

Section 3

Citizens' initiative and referendum

Citizens' initiative

§ 131b

(1) Any application for the enactment of a State Act submitted by the required minimum number of persons entitled to vote in Parliament (citizens' initiative) shall be submitted by the State Government to Parliament for consideration in accordance with the Rules of Procedure. The minimum number of persons entitled to vote at the last election to the Parliament shall be 5 per cent. The citizens' initiative must be submitted in the form of a draft law.

(2) The more detailed provisions concerning the petition for a referendum shall be enacted in a separate law.

References: Verfassung der Bundeshauptstadt Wien (Wiener Stadtverfassung – WStV), 2013 (accessed Oct. 6, 2018)

Section II

Application

§ 3. The application for the enactment of a State law shall be submitted to the Magistrate. The application shall contain:

a) the explicit request for the enactment of a state law, which shall be named by its title or heading,

(b) the full text of the draft law,

(c) the designation of a minimum of three and a maximum of six authorised representatives (family name or surname and forename, profession, address and handwritten signature) who shall be deemed in that order to be authorised to represent all the applicants; and

d) the required minimum number of a citizens' initiative (§ 6 para. 1).

Minimum number, form and content of citizens' initiative declarations

§ 6

(1) The minimum number of petitions required for the valid submission of the application is specified in § 131 b para. 1 of the Vienna City Constitution and shall be determined by decree of the State Government at the end of each election procedure. Decimal remainders are irrelevant. This number is valid until it is determined on the basis of the next election procedure.

(2) The declarations of citizens' initiative shall be in accordance with the legal model (annex) or they are otherwise invalid. They must contain the continuous and complete text of the draft law on the reverse side and, if necessary, on continuous sheets if space is available. Reference must be made on each back to any subsequent page.

(3) Declarations of citizens' initiative which, after their confirmation, are already in the custody of the Magistrate (§ 7 para. 3) shall be added to the declarations of citizens' initiative submitted pursuant to § 3.

(4) Declarations of citizens' initiative shall be invalid and shall no longer be counted if the Magistrate's confirmation of the registration of the person concerned in the electoral register (§ 7) dates back more than one year, calculated from the date on which the application was submitted to the Magistrate.

Confirmation by the Magistrate

§ 7

(1) The citizens' initiative declaration shall contain the confirmation of the magistrate that the person named in the declaration is registered as entitled to vote in the electoral register (Wählerevidenzgesetz 1973, BGBl. Nr. 601/1973, in the version BGBl. I Nr. 115/2013) at the time the confirmation is issued by the authority. This confirmation must be issued by the magistrate if the citizens' initiative contains the first and last name, the date of birth and the residential address and the personal signature of the persons making the declaration has either been made before the magistrate or has been certified by a court or notary. In the case of personal appearance at the Magistrate, the person concerned must prove his identity by means of an officially issued document with a photograph.

Section III

Submission of a sufficiently supported application

§ 10

(1) If an application for the enactment of a State law has been submitted by the required minimum number of persons entitled to vote in Parliament (§ 131 b WStV), the Magistrate shall proceed in accordance with § 2 first sentence.

(2) If defects exist that require special reporting (para. 3), the authorised representative shall be given the opportunity to comment, subject to the defects to be described as precisely as possible.

(3) Following the improvement procedures, the Magistrate shall submit the application together with the reference files and to submit any comments to the responsible member of the State Government. In the report, special reference shall be made to the fact that the citizens' initiative has been submitted by

a) contravenes a provision in the Federal Constitution concerning the competence of legislation,

b) has texts for the bill on the citizens' initiative of such diversity that they do not reveal a will of the minimum number of persons entitled to vote in the Parliament directed towards a content specified by law, or

c) does not comply with the other provisions of Federal and State constitutional law - with the exception of the minimum number of a citizens' initiative and minor defects - or with general legislative practice.

Section I

Execution of the Vienna City Constitution

§ 1. Citizens' initiatives on the basis of § 131b para. 1 of the Constitution of the Federal Capital Vienna (Vienna City Constitution - WStV), LGBl. for Vienna No. 28/1968, as amended, shall be subject to the procedure laid down in this State Act.

§ 2. The application corresponding to the provisions of §§ 3 to 7 of this Act shall be submitted by the Magistrate to the competent member of the State Government. The latter shall be responsible for submitting the application as bill in the State Government (§ 125 Abs. 1 WStV).

References: Gesetz über die Durchführung von Volksbegehren (Wiener Volksbegehrensgesetz – WVBegG), 1980 (accessed Oct. 6, 2018)

Subject Matter:

To suggest the enactment of a State law

Actors

Author:
Citizens
Initiator:
Citizens
Decision maker:
Parliament

Requirements

Number Of Signatures:
5% of electorate
Available Time:
Signatures; Not older than 1 year
Geographical Quorum:
Excluded Issues:
Other Formal Requirements:

Procedural Elements

Collection Mode:
free
Specify Collection Mode:
Interaction With Authorities:
Supervision And Support:
Transparency And Finance:

Practice

Archive:
Remarks:

The English version here is a courtesy translation!