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

General Typology

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

§ 69

Citizens' Initiative

(1) The right of the citizens' initiative includes the demand for the enactment, amendment or revocation of resolutions of the municipal council in matters of the city's own sphere of activity.

(2) The appointment and election of organs of the City, matters of the City's employees 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. 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. Bürgerrechtsgesetz - BBRG) apply mutatis mutandis to the lists of support attached to the application, with the proviso that a confirmation of voting rights 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: Statut für die Stadt Wels 1992 (accessed Oct. 8, 2018) 

§ 4

Declarations of support

1. Support for an application shall be given by means of a signature signed by

1. a person who, on the date of signature, is registered in the electoral register of a municipality of the State, and

2. appears on a support list pursuant to § 5 and

3. was made within a period of twelve months prior to the date of submission of the application.

(2) Signatures which do not fulfil the requirements of paragraph 1 shall be invalid.

(3) Each person may register only once in the support lists; multiple registrations shall be considered as one entry.

§ 5

Support lists

(1) Support lists shall be drawn up in accordance with the model in Annex 1. They shall be attached to the application in order of municipalities and districts.

(2) The support list shall include:

1. the object and justification of the citizens' initiative;

2. the declaration that the implementation of the Citizens' Initiative is supported;

3. the name of the person authorised to receive service (§ 3 Para. 1 No. 3);

4. the confirmation of the municipality that the signed persons are registered in the electoral register of this municipality on the day of signature (confirmation of the right to vote);

5. the necessary space for the registration of persons wishing to support the application and the date on which the signature is made.

(3) The support lists and the entries on each support list shall be numbered consecutively. The support lists shall be accompanied by a list showing how many valid signatures each support list contains and how many persons in total are entered in all support lists.

(4) Any change to the information pursuant to subsection 2(1) to (3) in support lists on which signatures have already been provided is prohibited.

References: Landesgesetz über Bürgerinnen- und Bürgerrechte in Oberösterreich (Oö. Bürgerinnen- und Bürgerrechtegesetz - Oö. BBRG), 2018 (accessed Oct. 6, 2018)

Subject Matter:

To demand for the enactment, amendment or revocation of resolutions of the municipal council in matters of the city's own sphere of activity.

Actors

Author:
Citizens
Initiator:
Citizens
Decision maker:
City Council

Requirements

Number Of Signatures:
2% of electorate
Available Time:
Signatures are not allowed to be older than 12 months, counted from submission of application.
Geographical Quorum:
-
Excluded Issues:

The appointment and election of organs of the City, matters of the City's employees 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:

Support lists

(1) Support lists shall be drawn up in accordance with the model in Annex 1. They shall be attached to the application in order of municipalities and districts.

(2) The support list shall include:

1. the object and justification of the citizens' initiative;

2. the declaration that the implementation of the Citizens' Initiative is supported;

3. the name of the person authorised to receive service (§ 3 Para. 1 No. 3);

4. the confirmation of the municipality that the signed persons are registered in the electoral register of this municipality on the day of signature (confirmation of the right to vote);

5. the necessary space for the registration of persons wishing to support the application and the date on which the signature is made.

(3) The support lists and the entries on each support list shall be numbered consecutively. The support lists shall be accompanied by a list showing how many valid signatures each support list contains and how many persons in total are entered in all support lists.

(4) Any change to the information pursuant to subsection 2(1) to (3) in support lists on which signatures have already been provided is prohibited.

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

Practice

Archive:
Remarks:

The English version here is a courtesy translation!