Vienna, Austria, local Plebiscite [ATP] - Volksbefragung

General Typology

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

Section 4

Popular consultation and referendum

1. Part

Popular consultation

§ 112a

(1) Matters of the municipality's own sphere of activity which fall within the competence of the municipal council, with the exception of those listed in para. 2, may be the subject of a consultation of the members of the municipality entitled to vote (popular consultation).

(2) The election of the organs of the municipality, municipal levies, fees (tariffs), personnel and official matters as well as measures which would interfere with fundamental rights and freedoms protected by constitutional law may not be the subject of a popular consultation.

(3) A popular consultation shall be held if the municipal council so decides  (..)

(4) A popular consultation shall also only be carried out in a part of the urban area if a matter within the meaning of para. 1 is of importance exclusively or predominantly for the population of this area and the municipal council decides to carry out such a popular consultation. The exact delimitation of the area in which the popular consultation is to take place shall be laid down in the decision of the municipal council. and in the call for the popular vote.

(5) The question which is to be the subject of a popular consultation shall be put in such a way that it can be answered either with "yes" or "no" or, if two or more variants are to be decided on, the variant chosen can be clearly identified.

Result and Announcement

§ 112c

(1) The result of the consultation shall be published in the Official Gazette of the City of Vienna.

(2) The question posed shall be deemed to have been answered in the affirmative if more than half of the valid votes cast are in the affirmative. If two or more variants have been decided, the variant shall be deemed to have been affirmed if more than half of the valid votes cast are in favour of it.

(3) The result of the referendum shall be forwarded to the municipal council for discussion in accordance with the rules of procedure at the next meeting.

References: Verfassung der Bundeshauptstadt Wien (Wiener Stadtverfassung – WStV), 2013 (accessed Oct. 6, 2018)

Subject Matter:

To consult voters on matters of the municipality's own sphere of activity which fall within the competence of the municipal council.

Actors

Author:
Municipal council
Initiator:
Municipal council
Decision maker:
Electorate

Requirements

Available Time:
Turnout Quorum:
No turnout quorum found in legal source
Approval Quorum:
The total number of votes in favour, the total number of votes cast in 'No'; and the total number of votes cast for any variants. The question posed shall be deemed to have been answered in the affirmative if more than half of the valid votes cast are in the affirmative
Geographical Quorum:
No geographical quorum found in legal source
Excluded Issues:

The election of the bodies of the municipality, municipal levies, fees (tariffs), personnel and official matters as well as measures which would interfere with fundamental rights and freedoms protected by constitutional law may not be the subject of a popular consultation.

Other Formal Requirements:

Within four weeks of the decision being taken by the municipal council or of receipt of the request supported by the required minimum number, the mayor shall announce the popular consultation in such a way that it is held on three consecutive days within two months of the date of the announcement.

Procedural Elements

Wording Of Ballot Question:
Interaction With Authorities:
Supervision And Support:
Transparency And Finance:

Practice

Archive:
Remarks:

The English version here is a courtesy translation!