Tyrol, Austria, local Veto-plebiscite [AVP] - Volksbefragung

General Typology

Instrument
Veto-plebiscite [AVP]
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

c) the mayor in the case of § 52 para. 2 lit. b. demands.

§ 52

Interaction with collegial bodies

(2) If the mayor has objections to a resolution of the municipal executive committee or a committee according to § 21 para. 1 lit. c in the sense of para. 1 second sentence, he has to pause with the execution and obtain the instruction of the municipal council. If the mayor has such reservations against a decision of the municipal council, he shall pause with the execution and point this out to the municipal council. If the local council instructs the local council to execute the resolution of the local council board or of a committee pursuant to § 21 para. 1 lit. c, or if the local council insists on its resolution, and if the mayor continues to be of the opinion that it will

(..)

b) violate the interests of the municipality, he can express the opinion of the voters in accordance with § 61 (1) by means of a popular consultation about the admissibility of the project. The district administration shall prohibit the execution of the decision if one of the reasons stated in letter a applies.

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

Subject Matter:

To decide on a veto of the mayor who is the opinion a resolution violates the interests of the municipality

Actors

Author:
Municipal Council
Initiator:
Mayor
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!