Thuringia, Germany, regional Agenda (setting) initiative [PAX] - Bürgerantrag

General Typology

Instrument
Agenda (setting) initiative [PAX]
Location
Thuringia, Germany
Political level
regional
Local Name:
Bürgerantrag
Normative Level:
statutory
Legally Binding:
no
Legally Defined:

Second section - Citizens' agenda initiative

§ 7 Subject matter, conditions and procedures of the citizens' agenda initiative

(1) Citizens' agenda initiatives can be directed towards to submit certain items of political will or draft laws to the Parliament. Is the subject of the citizens' agenda initiative the introduction of a draft law, the bill is to submit in a elaborated form and provided with reasons.

(2) The citizens' agenda initiative is to address in writing to the President of the Parliament. It must be signed by at least 50,000 voters on signature sheets statewide.

(3) The signature performance must be made within six months after the start of the collection period. The President of the Parliament is to be informed about the starting point of the collection period.

(4) The President of the Parliament decides on the admissibility of the citizens' agenda initiative within six weeks after receipt of the signature sheets with the results determined by the registration authorities. He is not bound by the assessment of the validity of the registrations by the registration authorities. He promptly obtains the opinion of the State Government about the admissibility of the citizens' agenda initiative; The latter is to submit within one month.

(5) The admissibility of citizens' agenda initiative is established if

1. it meets the requirements of §§ 1, 6, and 7 para 1 to 3 and

2. the Parliament was not concerned over the past year before the receipt of the citizens' agenda initiative with a citizens' agenda initiative, citizens' initiative or referendum about the same factual content.

(6) The decision of the President of the Parliament about the admissibility of citizens' agenda initiative shall be notified to the representative. § 8 para 2 of the Thuringian Administration Notification and Enforcement Act does not apply. A decision of inadmissibility must be justified.

(7) The representative within one month after the notification of the decision may appeal to the Constitutional Court against the negative decision of the President of the Parliament. The application must be set against the President of the Parliament. The Constitutional Court gives opportunity for the State Government to comment on it. The State Government may join the proceedings.

§ 8 Treatment in the Parliament

The Parliament deliberates about the citizens' agenda initiative in accordance with its rules of procedure. Eligible citizens' agenda initiatives are to be decided within four months after the decision of the President of the Parliament on the approval or the decision of the Constitutional Court.

References: Thüringer Gesetz über das Verfahren bei Bürgerantrag, Volksbegehren und Volksentscheid, 2004 (accessed Jan. 06, 2020)

Subject Matter:

To submit certain items of political will or draft laws to the Parliament

Actors

Author:
Citizens
Initiator:
Citizens
Decision maker:
Parliament

Requirements

Number Of Signatures:
50 000
Available Time:
6 months
Geographical Quorum:
Excluded Issues:
Other Formal Requirements:

Procedural Elements

Collection Mode:
free
Specify Collection Mode:

§ 6 Design, submission and review of the Signature forms

(1) Each signature for a citizens' agenda initiative, an application for a citizens' initiative and for a citizens' initiative shall be made on separate signature forms. In the case of a citizens' agenda initiative, the content of the application, and in the case of an application for admission of a citizens' initiative or a citizens' initiative, the text and justification of the desired law must be printed in full on the signature forms. Each signature sheet must contain the names and addresses of the trusted person and the deputy trusted person, as well as the information that the personal data collected may only be processed for the purpose of carrying out the respective citizens' agenda initiative, application for a citizens' initiative, a citizens' initiative or referendum, and that they must be destroyed immediately if they are no longer needed for the procedure. Reference must be made to the right of revocation under § 16 Paragraph 3.
(2) The signatures for the citizens' agenda initiative, application for a citizens' initiative, a citizens' initiative must be provided within the respective legally stipulated collection period.
(3) The signature must be provided personally and in handwriting. On the signature form, the first and last name, date of birth, current residential address, and in the case of several places of residence, the address of the signatory's main residence, as well as the date of the signature must be handwritten and clearly legible. As far as the right to vote is based on the Electoral Code according to § 13 sentence 3 ThürLWG or the habitual residence of the signatory, this must be indicated separately and made credible. After the signature has been executed, no handwritten entries can be made. § Section 34 (2) ThürLWG applies accordingly.
( 4 ) Signatures on signature sheets which do not meet the requirements of paragraphs 2 and 3 or signatories whose voting rights have not been confirmed or have been confirmed incorrectly shall be invalid. Invalid shall also be entries which are illegible or incomplete in accordance with paragraph 3, as well as entries which contain an addition or reservation.
(5) The signature sheets must be submitted to the competent registration authority without delay after expiry of the respective collection period by the trusted person or, in the case of signatures on officially issued signature sheets, by the municipalities. The registration authority confirms the signatories' right to vote immediately and free of charge. In the case of multiple signatures, the right to vote is confirmed only once.
(6) At the request of the trusted person, instead of the procedure in accordance with paragraph 5, the signature forms may be sorted by administrative districts, district-free cities and registration authorities be submitted in an orderly manner to the Ministry responsible for citizens' agenda initiatives, application for a citizens' initiatives, a citizens' initiative or referendum for forwarding to the registration authorities.
(7) The registration authorities shall determine the total number of valid and invalid votes for each municipality. The ascertained result, together with the signature forms and the confirmation of eligibility to vote, shall be forwarded to the Parliament without delay. The trusted person may request the President of the Parliament to provide information on the result established by the individual registration authorities.
(8) The procurement and provision of the signature forms for the citizens' petition, the application for admission of citizens' agenda initiatives, application for a citizens' initiatives, a citizens' initiative shall be the responsibility of the applicants.

Interaction With Authorities:

§ 3

Representative and deputy representative, Open session of the Committee meeting

(1) A request of citizens or in the application for authorisation of a citizens' initiative has to name a representative and a deputy representative for the applicants. If the nomination is missing, the President of the Parliament urges the applicants to do so within ten days. If the appointment is not made within this period, the President of the Supreme State Court determines the representative and the deputy from the list of signatories of the citizens' agenda initiative or of the application for approval of the citizens' initiative.

(2) The representative and as substitute the deputy representative are entitled to issue binding declarations in the procedures to the citizens' agenda initiative, on approval of the citizens' initiative, the citizens' initiative and the referendum, and are entitled and obliged to accept such declarations.

(3) During the deliberation in Committee meetings of the Parliament about the citizens' agenda initiative or a citizens' initiative, the representative has the right of presence and to speak. All discussions on the citizens' agenda initiatives and a citizens' initiative in the sessions of the Parliament and its committees are public, with the exception of those parts of the Committee meetings, where decisions are taken on the issue.

References: Thüringer Gesetz über das Verfahren bei Bürgerantrag, Volksbegehren und Volksentscheid, 2004 (accessed Jan. 06, 2020)

Supervision And Support:

§ 4 Obligation for Advice

The President of the Parliament has to advise the representative about the formal requirements of a planned citizens request or citizens' initiative, if requested in writing.

References: Thüringer Gesetz über das Verfahren bei Bürgerantrag, Volksbegehren und Volksentscheid, 2004 (accessed Jan. 06, 2020)

Transparency And Finance:

§ 29 Reimbursement of costs

(1) The costs of production of the signature sheets for citizens' agenda initiatives or citizens' initiatives and submitting them to the cities which are not belonging to counties and the counties are carried by the applicants. In addition the State bears the costs necessary for the implementation of citizens' agenda initiative, citizens' initiative or referenda of the municipalities. Ongoing personnel and material costs as well as costs for the use of spaces and facilities of the municipalities are not included.

(2) The applicants will be refunded for the necessary and proven costs for the organization of a concluded citizens' initiative. For any voter who legally has supported a referendum by his signature, the applicants will receive 0.15 Euro. Thereby, only as many signatures are considered as were required for the conclusion of the referendum. The reimbursement is to request in writing within six months after the determination according to § 17 para 2 by the representative to the President of the Parliament.

(3) The applicants will be refunded for the necessary and proven costs of a reasonable referendum campaign. For any voters who voted for a successful referendum for the draft of law the applicant in a valid manner with "Yes", the applicants will receive 0,075 Euro. Only so many votes are considered as were required for the success of the referendum. The reimbursement is to request in writing within six months of the notice according to § 24 para 3 sentence 3 by the representative to the President of the Parliament.

References: Thüringer Gesetz über das Verfahren bei Bürgerantrag, Volksbegehren und Volksentscheid, 2004 (accessed Jan. 06, 2020)

Practice

Archive:
Remarks:

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