Tyrol, Austria, local Plebiscite [ATP] - Volksbefragung

General Typology

Instrument
Plebiscite [ATP]
Location
Tyrol, Austria
Political level
local
Local Name:
Volksbefragung
Normative Level:
constitutional
Legally Binding:
no
Legally Defined:

Article 60

Popular consultation

(2) The State Government shall conduct a popular consultation on a matter which falls within the competence of the State throughout the territory of the State, if (..)

(3) (..) The State Government shall conduct a popular consultation in a part of the territory of the State if  the municipalities situated in that part of the territory of the State on the basis of resolutions of the local council require this.

(4) All voters entitled to vote in the State Parliament shall be entitled to participate in a popular consultation; however, if the popular consultation is held in a part of the territory of the State, only those voters entitled to vote in the State Parliament who have their principal place of residence in that part of the territory of the State shall be entitled to do so.

(5) The procedure for the popular consultation shall be regulated in more detail by State law. The result of the popular vote will be announced.

References: Tiroler Landesordnung, 1989 (accessed Oct. 6, 2018)

IV. MAIN PIECE

People's Consultation

§ 43

General

(4) The State Government shall conduct a popular consultation on a matter which falls within the competence of the State in a part of the territory of the State which must include at least the territory of a municipality, if the matter is in the exclusive or overriding interest of the inhabitants of that part of the territory of the State (..) or the municipalities situated in this part of the State territory demand this on the basis of municipal council resolutions.

(5) The boundaries of the area in which a popular consultation pursuant to subsections (3) or (4) is conducted may not intersect municipal boundaries.

(6) A popular consultation shall not be permitted on matters concerning the municipality's own sphere of activity or on matters concerning certain persons.

References: Tiroler Volksrechtegesetz - VolksG (accessed Oct. 6, 2018)

Subject Matter:

To decide on matters falling within the competence of the State in matterwhich  is in the exclusive or overriding interest of the inhabitants of that part of the territory of the State

Actors

Author:
Municipal Councils
Initiator:
All Municipal councils in the part pf the territory
Decision maker:
Local electorate

Requirements

Available Time:
Local council decicions not older than one year before application
Turnout Quorum:
No turnout quorum fund in legal source
Approval Quorum:
Majority
Geographical Quorum:
No geographical quorum found in legal source
Excluded Issues:

A popular consultation shall not be permitted on matters concerning the municipality's own sphere of activity or on matters concerning certain persons

Other Formal Requirements:

Procedural Elements

Wording Of Ballot Question:

§ 44

Question

(1) The question to be put to those entitled to vote shall be formulated in such a way that only a particular matter is subject to popular consultation. If this makes it easier to ask the opinion of those entitled to vote, a second question, independent of the first question, may be put or a supplementary question may be added to the first question. The supplementary question shall be expressly designated as such and shall be asked in the event that the first question is answered by a majority in a particular manner. The supplementary question shall be addressed to all persons entitled to vote.

(2) Each question and supplementary question shall be unambiguous, without any judgmental additions, as concise as possible and, moreover, formulated in such a way that it can be answered either with "yes" or "no" or by consenting to one of a maximum of three other specified decision-making options.

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

Practice

Archive:
Remarks:

The English version here is a courtesy translation!