State of Vienna, Austria, regional Plebiscite [ATP] - Volksabstimmung

General Typology

Instrument
Plebiscite [ATP]
Location
Vienna, Austria
Political level
regional
Local Name:
Volksabstimmung
Normative Level:
constitutional
Legally Binding:
yes
Legally Defined:

Referendum

§ 131c

(1) Legislative resolutions of the Parliament of the State shall be submitted to a referendum after completion of the procedure provided for in the provisions of the Federal Constitution for the participation of the Federation in the legislation of the State, but before their certification and countersignature, if the Parliament of the State so decides.

(2) Legislative decisions based on a referendum shall be published with reference to their result.

(3) If at least half of those entitled to vote in Parliament vote in favour and the majority of voters reject the bill, it shall not be promulgated.

(4) The detailed provisions concerning the referendum shall be laid down in a separate law.

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

Referendum order

§ (1) According to a resolution of the State Parliament pursuant to § 131 c (1) WStV, the invitation to call a referendum shall be incumbent on the State Government. § 112 b para. 2 and § 112 f para. 1 WStV shall apply mutatis mutandis.

(2) The call to be published in the State Gazette for Vienna shall contain:

a) the reference to the decision of the Vienna Parliament to submit a specific legislative decision to a referendum and the full wording of this legislative decision,

(b) a statement that the members of the municipality entitled to vote in the Viennese Parliament will, in this referendum, decide whether the legislative decision taken by Parliament shall enter into force or shall be deemed to have been rejected; and

c) the date of the vote and the deadline, which shall not be fixed before the date of publication of the State Gazette. § 18 (1) Up to the fourteenth day before the referendum, the Magistrate shall announce the publication (§ 17, Sub-Clause 2) to the usual extent by posting it on the official bulletin boards and also by posting it in public places (billposting).

(2) It shall be attached that inspection of the resolution on the law in a generally accessible office will be open to any person for ten days within hours to be determined which shall not be less than four hours a day. When determining the hours, care shall be taken to ensure that inspection is also possible outside normal working hours. The inspection must take place at least at each Magistrate District Office.

(3) The shortening of the wording of the legislative resolution in the promulgation pursuant to para. 1 shall be permissible if the corresponding legibility for the poster could no longer be achieved by using standard size 1 (ÖNORM A 1001 format series A). In this case, however, the completeness of the copies of the legislative decree available at the inspection points must be clearly pointed out.

References: Gesetz über die Durchführung von Volksabstimmungen (Wiener Volksabstimmungsgesetz - WVAbstG) 1980, (accessed Oct. 6, 2018)

Subject Matter:

To decide on a legislative resolution of Parliament

Actors

Author:
Parliament
Initiator:
Parliament
Decision maker:
Electorate

Requirements

Available Time:
Turnout Quorum:
No turnout quorum found in legal source
Approval Quorum:
Majority
Geographical Quorum:
No geographical source in legal source
Excluded Issues:
Other Formal Requirements:

Procedural Elements

Wording Of Ballot Question:
Interaction With Authorities:
Supervision And Support:
Transparency And Finance:

Practice

Archive:
Remarks:

The English version here is a courtesy translation!