Tyrol, Austria, local Plebiscite [ATP] - Volksbefragung

General Typology

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

§ 61

Popular consultation

(1) Matters relating to the municipality's own sphere of activity, with the exception of elections to the organs of the municipality, municipal fees and the establishment or termination of service, employment and training relationships, may be subject to a consultation of the citizens of the municipality (voters) who are actively entitled to vote pursuant to § 7 TGWO 1994 (popular consultation).

(2) A popular consultation shall be carried out if this is the case

b) the municipal council with a majority of two thirds of the members present, (..)

§ 63

Call

(1) In the cases of section 61(2)(a) or (b) the mayor, in the cases of section 61(2)(c) the deputy mayor, shall call the popular consultation within one week.

(2) The popular consultation shall be held no later than seven weeks after the call on a Sunday or another public day of rest.

(3) The day of the popular consultation and the question posed shall be announced at least two weeks in advance by public announcement in accordance with section 60 subs. 1.

§ 65

Determination of the result

(4) The result of the popular consultation shall be included in the agenda of the next meeting of the municipal council after the expiry of the notice period or after the decision on the request for review has been made.

References: Tiroler Gemeindeordnung 2001 – TGO (accessed Oct. 6, 2018)

Subject Matter:

To decide on matters relating to the municipality's own sphere of activity

Actors

Author:
Municipal Council
Initiator:
2/3 rd majority of Municipal Council
Decision maker:
Electorate

Requirements

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

Elections to the organs of the municipality, municipal fees and the establishment or termination of service, employment and training relationships

Other Formal Requirements:

Procedural Elements

Wording Of Ballot Question:

§ 61 (3) The question on which the popular consultation is based shall be formulated in such a way that it can be answered with "yes" or "no". If the planned measure would result in a considerable burden on the budget or a considerable reduction in the income of the municipality, the question shall also contain a proposal on how to cover the expenditure or compensate for the loss of income.

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

Practice

Archive:
Remarks:

The English version here is a courtesy translation!