Styria, Austria, local Popular or citizens initiative [PCI] - Initiative mit nachfolgender Volksabstimmung

General Typology

Instrument
Popular or citizens initiative [PCI]
Location
Styria, Austria
Political level
local
Local Name:
Initiative mit nachfolgender Volksabstimmung
Normative Level:
statutory
Legally Binding:
yes
Legally Defined:

People's rights in the municipality

VIII Section

Right of initiative

§ 116

Right of initiative

(1) The right of initiative of the citizens of the municipality includes the request for the enactment, amendment or repeal of regulations and other measures in matters of their own sphere of the municipality. Initiatives concerning concrete personnel questions, elections and decisions concerning certain persons are excluded.

(2) Initiatives can be carried out for the entire municipality or for parts of the municipality (localities, municipalities).

(3) The initiative can be presented in the form of a simple suggestion or as an elaborated draft and must contain a justification. The prepared template shall contain a list showing the expected total load (direct load, subsequent load) on the municipality and a justification of the need for the measure.

(4) An initiative shall be deemed to exist if it is supported by

a) at least 10 per cent or 10,000 of those eligible to vote for the municipal council,

(b) for a part of the municipality, at least 10 % but not less than 30 of those eligible to vote on the municipal council who have their principal place of residence in the part of the municipality concerned.

§ 118

Support

(1) An initiative shall be supported by a handwritten signature and the indication of the first name, surname, date of birth and address of the principal place of residence in legible writing on support lists in accordance with Para. 2.

(2) Prior to the first entry, the support lists shall contain

(a) the full text of the initiative,

(b) a statement of reasons,

(c) a list (section 116(3)),

(d) one person entitled to vote as agent for service representing the signatories and one person entitled to vote as his alternate,

(e) to contain a declaration that the signatories support the initiative by their registration,. On the other attached pages, a short name of the initiative and a reference to the full text before the first registration are sufficient. The support lists shall be numbered consecutively.

(3) Upon request, the municipality shall provide suitable forms for support lists free of charge.

(4) The initiative shall be addressed to the mayor.

§ 122

Treatment of the initiative

(1) The competent body of the municipality shall deal with the initiative in accordance with the rules of procedure and in any case decide on it within one year.

(2) The decision shall be announced by posting it on the official notice board of the municipality and shall be made public in accordance with local custom and verifiably delivered to the authorised recipient.

§ 123

Notification and statement by the person authorised to receive the documents

(1) In the case of initiatives which are dealt with by the local council, the person authorised to receive service of documents shall be informed of the meetings of the local council in which the initiative is discussed and decided upon, in good time, but at least 48 hours before the meeting of the local council.

2. The person authorised to receive service shall have the right to submit a written statement on the decision of local council within three weeks after the decision has been taken, to be brought to the attention of the local council at the next meeting.

IX. Section

Initiative with subsequent referendum

§ 124

Initiative with subsequent referendum

If an initiative has been submitted as an elaborated submission by at least 25 per cent of the voters entitled to vote for election to the municipal council and if the competent body of the municipality does not take a decision corresponding to the initiative within one year, an admissible initiative shall be submitted to a referendum if the authorised recipient of the initiative requests it within three weeks of expiry of the one-year period or after the decision.

§ 125

Application

The request of the person authorised to receive service to hold a referendum shall be addressed in writing to the municipal council and shall contain a statement of reasons.

§ 126

Decision on the application

(1) The municipal council shall decide within four weeks whether the application meets the requirements of sections 124 and 125. Prior to its decision, the municipal council shall give the person authorised to receive service the opportunity to make a statement.

(2) The decision shall be verifiably served on the person authorised to receive service.

§ 128

Proceedings

Sections 138 to 153 shall apply mutatis mutandis to the further proceedings.

§ 129

Effect of the referendum

If the initiative was adopted by referendum, it shall be deemed equivalent to a decision of the competent body of the municipality.

References: Steiermärkisches Volksrechtegesetz, 1986, (accessed Oct. 6, 2018)

Subject Matter:

To decide on an eleborated submissin by the citizens

Actors

Author:
Citizens
Initiator:
Citizens
Decision maker:
Local electorate

Requirements

Number Of Signatures:
25% of electorate (See corresponding agenda initiative)
Available Time:
Application of representative of the former agenda initaitive: 3 weeks (expiry or decision)
Turnout Quorum:
No turnout quorum found in legal source
Approval Quorum:
No special approval quorum found in legal source
Geographical Quorum:
No geographical quorum found in legal source
Excluded Issues:

Initiatives concerning concrete personnel questions, elections and decisions concerning certain persons are excluded

Other Formal Requirements:

The municipal council, the competent body of the municipality does not take a decision corresponding to the initiative within one year.

Procedural Elements

Collection Mode:
free
Specify Collection Mode:
Wording Of Ballot Question:
Interaction With Authorities:
Supervision And Support:
Transparency And Finance:

Practice

Archive:
Remarks:

The English version here is a courtesy translation!