Upper Austria, Austria, local Agenda (setting) initiative [PAX] - Bürgerinnen- und Bürgerinitiative

General Typology

Instrument
Agenda (setting) initiative [PAX]
Location
Upper Austria, Austria
Political level
local
Local Name:
Bürgerinnen- und Bürgerinitiative
Normative Level:
statutory
Legally Binding:
no
Legally Defined:

§ 38b

Citizens' Initiative

(1) The right of the Citizens' Initiative includes the demand for the enactment, amendment or repeal of resolutions of the municipal council in matters within the municipality's own sphere of activity.

(2) The appointment and election of organs of the municipality, matters of employees of the municipality as well as matters which exclusively concern the content of a concrete individual official decision cannot be the subject of a citizens' initiative.

(3) The application must be submitted in writing, specify the matter in question, contain a justification and must be signed by at least 2% of the number of voters entitled to vote for the preceding election to the municipal council, but at least 25 persons. The application must also contain the name of a person authorised to represent the applicants (family name or surname and first name, date of birth, residential address). The provisions of §§ 4 and 5 of the Upper Austrian Citizens' Rights Act (Oö. Bürgerrechtegesetz - BBRG) apply mutatis mutandis to the lists of support attached to the application, with the proviso that a confirmation of the right to vote is not required.

(4) If a citizens' initiative does not meet the requirements set out in subsections 1 to 3, it must be rejected as inadmissible by the mayor within two weeks in writing. Every application that meets the requirements of paras. 1 to 3 must be submitted by the mayor to the municipal council for treatment in accordance with the rules of procedure.

(5) § 33 para. 1 Upper Austrian BBRG shall apply mutatis mutandis.

References: Oö. Gemeindeordnung, 1990 (accessed Oct. 8, 2018)

Subject Matter:

To demand for the enactment, amendment or repeal of resolutions of the municipal council

Actors

Author:
Citizens
Initiator:
Citizens
Decision maker:
Municipal council

Requirements

Number Of Signatures:
2% of the electorate, but minimum 25 voters
Available Time:
Signature not older than 12 months since submission of application
Geographical Quorum:
Excluded Issues:

The appointment and election of organs of the municipality, matters of employees of the municipality as well as matters which exclusively concern the content of a concrete individual official decision cannot be the subject of a citizens' initiative.

Other Formal Requirements:

Procedural Elements

Collection Mode:
free
Specify Collection Mode:
Interaction With Authorities:
Supervision And Support:
Transparency And Finance:

Practice

Archive:
Remarks:

The English version here is a courtesy translation!