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

General Typology

Instrument
Popular or citizens initiative [PCI]
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

(a) at least one sixth of those entitled to vote, (..)

§ 62

Initiation

(1) Every person entitled to vote may submit an application to the municipal office for the implementation of a to a popular consultation.

(2) Applications which do not fulfil the requirements of § 61 paras. 1 and 2 lit. a and 3 shall be rejected by the mayor in writing within two weeks.

(3) Proper applications which have not already been signed by one-sixth of those entitled to vote in such a way that the identity of the person can be established beyond doubt from the signature shall be announced by the mayor within two weeks of their submission by means of a public notice pursuant to section 60 subsection (1), quoting the wording of the question asked. The announcement shall contain the indication that all voters are free to support the application within four weeks of the day of the announcement by entering their name, date of birth and address in a list drawn up by the municipal office.

(4) If the application does not receive the necessary support within the period of validity, the mayor must reject the application in writing within one week.

§ 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 activit

Actors

Author:
Citizens
Initiator:
Citizens
Decision maker:
Electorate

Requirements

Number Of Signatures:
1/6th of electorate
Available Time:
If application does not submitt necessary signatures: 4 weeks
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

Collection Mode:
restricted
Specify Collection Mode:

In case the necessary amount of signatures are submitted together with the application:  Official announcement indicating that all voters are free to support the application within four weeks of the day of the announcement by entering their name, date of birth and address in a list drawn up by the municipal office.

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!