Styria, Austria, local Popular or citizens initiative [PCI] - Volksbefragung

General Typology

Instrument
Popular or citizens initiative [PCI]
Location
Styria, Austria
Political level
local
Local Name:
Volksbefragung
Normative Level:
statutory
Legally Binding:
no
Legally Defined:

XI. Section

People's Consultation

§ 155

People's Consultation

(1) People' s consultation shall serve to investigate the will of the citizens of the municipality with regard to future political decisions and plans concerning the municipality as well as questions of implementation from the municipality' s own sphere of activity.

(2) People' consultations may be held for the entire municipality or for parts of the municipality (localities, urban districts).

(3) Consultations on specific personnel issues, elections and decisions concerning certain persons are excluded.

(4) A referendum shall be held if is required 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 per cent 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.

(..)

§ 156

Request from local citizens

(1) The request to hold a people' s consultation shall specify the subject of the people' s consultation and contain a justification.

(2) The subject of the people' s consultation shall be formulated as a question as briefly and unambiguously as possible. The question may be subdivided into several sub-questions. It must be possible to answer the questions with yes or no or by agreeing to one of several possible decisions.

(3) The motion shall be addressed to the municipal council.

(4) The petition for a people' s consultation must be signed by at least 10 per cent or 10,000 of those entitled to vote for election to the municipal council.

(5) The request to hold a citizens' consultation for a part of the municipality shall designate that part of the municipality. It must be signed by at least 10 per cent, but not less than 30, of those entitled to vote for the municipal council who have their principal place of residence in the part of the municipality concerned.

(5a) (Note: not applicable)

(6) One person entitled to vote shall be named in the application as the authorised recipient representing the signatories of the application and another as his deputy.

§ 157

Application lists

1. Applicants shall enter in legible characters on the application lists their handwritten signature and their first and last names, date of birth and the address of their principal place of residence.

(2) Each applicant may only register once in the application lists. Multiple entries shall be considered as one entry.

(3) Before the first entry, the lists of applications shall contain the following information

(a) the subject of the people' s consultation formulated as a question,

(b) a statement that a consultation of the people on the subject is requested,

(c) a statement of reasons

The reference to the subject of the people's consultation on the other attached pages shall suffice. The application lists shall be numbered consecutively.

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

§ 158

Decision on the application

(1) The municipal council shall decide within four weeks whether the application meets the requirements of sections 155(1) and (3), 156 and 157.

§ 176

Treatment of the consultation of the people

(1) Once the procedure has been completed, the result of the consultation shall be the subject of consultation and decision by the competent body of the municipality.

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

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

Subject Matter:

To decide on questions with regard to future political decisions and plans concerning the municipality as well as questions of implementation from the municipality' s own sphere of activity

Actors

Author:
Citizens
Initiator:
Citizens
Decision maker:
Local electorate

Requirements

Number Of Signatures:
10 per cent or 10,000 of those eligible to vote; municipal parts: 10% , min. 30
Available Time:
No time limit found in legal source
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:

Consultations on specific personnel issues, elections and decisions concerning certain persons are excluded.

Other Formal Requirements:

Procedural Elements

Collection Mode:
free
Specify Collection Mode:
Wording Of Ballot Question:

Question as briefly and unambiguously as possible. The question may be subdivided into several sub-questions. It must be possible to answer the questions with yes or no or by agreeing to one of several possible decisions

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

Practice

Archive:
Remarks:

The English version here is a courtesy translation!