Bürgerinitiativen
Inhalt
Begriffe im Kontext
Fachlich freigegeben am
Fachlich freigegeben durch
A citizens' initiative is a community founded on the basis of a specific cause. It does not have a specific legal form. The aim of a citizens' initiative is to influence public opinion, state institutions, parties or other groups.
Other options for asserting interests at municipal level: citizens' petition, petition for a referendum and referendum.
The citizens' petition
Citizens can use the citizens' petition to oblige the municipal council to deal with a specific municipal matter. A citizens' petition must relate to a municipal matter for which the municipal council is responsible. It can be rejected if the same matter has already been the subject of an admissible citizens' petition within the last year.
Procedure:
The citizens' petition, which must contain a specific request and a statement of reasons, must be submitted to the municipality in writing. The municipal council decides on the admissibility of the citizens' petition. Depending on the number of municipal citizens, the citizens' petition must be signed by a minimum of 4 percent to 8 percent of citizens.
If the citizens' petition is admissible, the municipal council must deal with the matter within three months.
The citizens' petition and the referendum
Citizens' petitions and referendums allow citizens to decide directly on many municipal matters instead of the municipal council. A citizens' petition aims to hold a referendum, which has the effect of a municipal council resolution.
Procedure:
A petition for a referendum must be submitted to the municipality and contain a question to be decided by a ''yes'' or ''no'' vote on a specific municipal matter, a statement of reasons and a proposal for covering the costs of the requested measures that can be implemented in accordance with the statutory provisions. The petition must also name three persons who are authorized to represent the signatories of the citizens' petition.
If the citizens' petition is directed against a resolution of the municipal council or a committee, the application for approval of the citizens' petition must be submitted within four weeks of the announcement of the resolution.
The municipal administration examines the application and sets the start of the eight-week period for collecting signatures. The petition must be signed by 13 to 17 percent of citizens, depending on the size of the municipality.
Within eight weeks of the submission of the registration lists, the municipal council decides on the admissibility of the citizens' petition. If the required number of signatures has been reached and there are no legal objections, the referendum on the question of the citizens' petition takes place.
In a referendum, the question posed is decided in the sense that it has been answered by the majority of valid votes cast. This majority must be at least 25 percent in municipalities with up to 3,000 citizens, at least 23 percent in municipalities with between 3001 and 10,000 citizens and at least 20 percent of those entitled to vote (i.e. those eligible to vote) in municipalities with more than 10,000 citizens.
The rejection of a petition in a referendum precludes a referendum on the same matter for a period of two years, unless the factual or legal situation on which the referendum is based has changed significantly.