Citizens' petitions and referendums in Bavaria
Citizens' petitions and referendums areinstruments of direct democracy at the local level in Bavaria . This means that matters relating to a municipality's or a district's own sphere of activity can bedecided by the municipality or district citizens themselves.
Other direct democratic instruments at the municipal level in Bavaria are the citizens 'application and the citizens' assembly . In contrast to referendums and referendums, these do not necessarily lead to a decision on the factual issue.
At the state level there is the referendum and referendum in Bavaria.
Legal basis
In contrast to popular legislation through popular initiatives and referendums at the state level, municipal referendums and referendums were initially not provided for in the Bavarian Constitution (BV). These procedures were only introduced in 1995 through direct democracy. In addition, the referendum "More democracy in Bavaria: Citizens' decisions in municipalities and districts" was also successful in the referendum, through which these instruments were introduced into the Bavarian constitution and the Bavarian municipal code (GO) and district code (LKrO). The changes to the law came into force on November 1, 1995.
According to Art. 7 BV, citizens now exercise their rights in Bavaria by participating in elections, referendums and referendums, as well as referendums and referendums. Art. 12 (3) BV reads “Citizens have the right to regulate matters of their own sphere of activity of the municipalities and districts by means of referendums and referendums. The details are governed by a law."
The more detailed regulations are determined for municipalities in Art. 18 a GO and for rural districts in Art. 12a LKrO.
Procedure
The procedure in municipalities and districts is largely identical. In the following, the names at the district level are therefore given in brackets.
Referendum
With a referendum, the community citizens (district citizens) can apply for a referendum on matters within the community's own sphere of activity (the district). The subject is a question to be answered with yes or no .
Topic exclusion
Citizens' decisions on the following topics are excluded:
- on matters that are incumbent on the first mayor ( district administrator ) by law
- on questions of the internal organization of the municipal administration ( district administration )
- on the legal relationships of the community council members (district councilors ), the mayor (the district administrator) and the community employees (district employees)
- to the budget charter
Collection of signatures
The support signatures for a referendum can be freely collected. The number of signatures required depends on the number of voters in the municipality (the district) and the corresponding quorum. The required signatures are calculated using the following formula: eligible voters times the percentage of the quorum = required number of signatures. The signatories must be over 18 years old and have been community citizens (district citizens) for at least two months (BE statutes were amended on April 24, 2014). For citizens' petitions in rural districts, the signatures must be collected separately for each municipality.
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Citizens of an individual municipality can also apply for a referendum in a district if the municipality is particularly affected by the district's measure. To do this, 25% of the citizens of this municipality must support the referendum.
Submission of the referendum
The citizens' petition signed by the supporters must be submitted to the municipality (the district). In addition to the question, it must include a justification and name up to three people (and possibly other deputies) who are authorized to represent the signatories.
The local council (district council) must decide on the admissibility of the request within one month of the submission. If the local council denies the admissibility, the representatives of the referendum can bring an action against it.
If the admissibility of a referendum has been established, the local authorities are not allowed to make any opposing decisions or take any opposing measures until the referendum has been made (unless there is a legal obligation to do so).
Referendum
If a referendum is permissible, a referendum takes place on the issue, unless the local council (district council) decides on the measure requested in the referendum itself. The local council (district council) is not obliged to deal with the factual issue of the request. The referendum must take place after three months at the latest, with the consent of the representatives of the referendum after six months at the latest. The vote always takes place on a Sunday. Every community citizen is entitled to vote.
Request for advice
The local council (district council) can also decide itself that a referendum should take place on a matter (so-called council petition or council referendum). In this way, the local council (district council) can also submit an alternative proposal to a referendum to the citizens for a decision.
Result and quorum
The question asked of the referendum is decided according to the majority of the votes cast, if this majority meets the necessary approval quorum . The number of votes required for the quorum is in turn dependent on the population of the municipality (the district):
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In the event of a tie, the question is considered to have been answered with "No".
If there are several opposing referendums on one day, a key question must be set by the local council (district council). If several referendums are decided in such a way that they are incompatible with each other, the majority decides on the key question. In the event of a tie in the key question, the referendum is accepted which was decided with the higher number of votes.
Effect and binding of a referendum
A referendum has the same effect as a resolution of the local council (district council). It can only be changed within a year by a new referendum, unless the relevant factual or legal situation has fundamentally changed. This binding period also applies if a referendum has been accepted by the local council (district council). Even then, the decision can only be changed by a referendum.
Citizens' initiative and referendum in a city district
In addition, a referendum and referendum is also possible in a city district in which a district committee has been formed. A referendum in a city district must deal with a matter, the decision of which is delegated to the district committee. Every community citizen residing in the city district is entitled to vote. The referendum is submitted to the district committee, which then forwards it to the city council . Otherwise, the procedure corresponds to that for petitions and referendums in municipalities.
Previous petitions and referendums
statistics
Official statistics on petitions and referendums are not kept in Bavaria. The association Mehr Demokratie , initiator of the referendum to introduce the municipal referendum, regularly collects data on this. In its 15-year report, the association has examined the citizens' petitions and referendums since they were introduced on November 1, 1995 until August 31, 2010.
- A total of 1,772 procedures were recorded in municipalities. Of which were
- 1,694 petitions, including
- 157, which were not submitted,
- 62 which have been withdrawn
- 274, which were inadmissible
- 242, which were adopted by the municipal council.
- 78 independent requests for advice (counter-proposals to a referendum not considered)
- 1,694 petitions, including
- 977 referendums took place, of which
- 484 were decided in the interests of the initiators (or the municipal council in response to requests for advice),
- 54 received a majority, but failed because of the approval quorum,
- 439 were rejected.
At the district level, 46 proceedings took place in the same period, including three independent requests from the council. In 19 cases there was also a referendum.
Extrapolated, a referendum takes place about every 18 years per municipality or every 25 years per district.
Important referendums
The following referendums also attracted national attention:
Garmisch-Partenkirchen
- May 8, 2011: In two referendums, the majority voted in favor of continuing to support Munich's bid for the 2018 Winter Olympics . The referendum “YES to the Olympics” was accepted by a majority (58.07% yes-votes), the referendum “No to the Olympic Winter Games in Garmisch-Partenkirchen” was rejected by a majority. (50.59% no). The turnout was 59.64%.
Munich
- June 23, 1996: referendum on a further tunneling under parts of the middle ring . The majority voted “Yes” both for the referendum “The Ring needs three tunnels” and for the opposing alternative proposal “The better referendum” . In the key question, a small majority (50.7% / voter turnout 32.2%) was in favor of the construction of the Petuel Tunnel , Richard Strauss Tunnel and the tunnel under Luise-Kiesselbach-Platz . It was the first referendum in the state capital.
- October 21, 2001: In a referendum, the construction of a new football stadium in the Fröttmaning district (today's Allianz Arena ) is decided. 65.6% vote for it (voter turnout 37.5%).
- November 21, 2004: In the referendum, the referendum “Initiative-Unser-Munich” receives a narrow majority (50.8% yes-votes / voter turnout 21.9%). This means that no building may be erected higher than 100 meters (height of the Frauenkirche ) in the entire city area .
- June 17, 2012: In a referendum, the construction of a third runway at Munich Airport was rejected: The decision was whether the city of Munich should approve the construction of a third runway or not in the committees of the operating company. The city council's petition for the building was rejected by a majority with 53.2% no votes, the petition against the building was accepted with 55.7% yes-votes (participation in the vote 32.7%).
- November 5, 2017: In the referendum “ Get out of the coal ” , a vote was taken on an early shutdown of Unit 2 in the northern thermal power station by the end of 2022. 60.4% voted in favor of early shutdown (participation in the vote 17.8%).
Munich , Garmisch-Partenkirchen , the district of Traunstein , Berchtesgadener Land
On November 10, 2013, in a referendum in the communities designated as sports facilities, the interest of the population in an application for the 2022 Winter Olympics was asked.
| Municipality / district | Votes against in% | Participation in% |
|---|---|---|
| Munich | 52.10 | 28.9 |
| Garmisch-Partenkirchen | 51.56 | 55.80 |
| District of Traunstein | 59.67 | 39.98 |
| District of Berchtesgadener Land | 54.10 | 38.25 |
As a prerequisite for a positive decision, acceptance of the referendum in all four municipalities was assumed. Due to the election result with more than 50% dissenting votes in all municipalities, the referendum was rejected with 0: 4.
See also
Web links
- Otmar Jung: referendum and referendum . In: Historical Lexicon of Bavaria
- Bavarian authorities' guide: referendums and referendums (municipality)
- Bavarian authorities guide: Citizens' petitions and referendums (district)
- More democracy e. V., State Association of Bavaria
- Frank Rehmet, Christian Büttner and Volker Mittendorf: Germany- wide citizens' petition report 2014 published by Mehr Demokratie eV in cooperation with the Research Center Citizen Participation, University of Wuppertal and the Research Center Citizen Participation and Direct Democracy, University of Marburg. Berlin, 2014.
Individual evidence
- ↑ See as an example Art. 18a Para. 12 Municipal Code for the Free State of Bavaria
- ↑ More Democracy e. V .: Citizens' petition . Retrieved April 19, 2011.
- ↑ Bayerischer Rundfunk: Olympia 2018: Tailwind and Blue Eye ( Memento from March 20, 2011 in the Internet Archive ) Retrieved on May 30, 2011
- ^ Alfred Dürr: Citizens opt for three tunnels on the Mittlerer Ring In: Süddeutsche Zeitung , June 24, 1996. Retrieved on April 18, 2011.
- ^ Spiegel online: Munich gets a new stadium , October 21, 2001. Accessed on April 18, 2011.
- ↑ Spiegel online: High-rise ban for Munich , November 22, 2004. Retrieved April 18, 2011.
- ↑ City of Munich: referendums on the 3rd runway on June 17 (official final result) (accessed on June 24, 2012)
- ↑ State capital Munich: official final result of the referendum of November 5, 2017 (accessed on November 10, 2017)
- ↑ wahlen-muenchen.de: referendum on the application of the state capital Munich for the Olympic and Paralympic Winter Games 2022. (No longer available online.) November 10, 2013, archived from the original on November 10, 2013 ; Retrieved November 10, 2013 . Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
- ↑ buergerservice.gapa.de: Citizens' decision. (No longer available online.) November 10, 2013, archived from the original on November 10, 2013 ; Retrieved November 10, 2013 . Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
- ↑ traunstein.com: Citizens' Decision 2013. November 10, 2013, accessed on November 10, 2013 .
- ↑ lra-bgl.de: Citizens' Decision Olympia 2022. November 10, 2013, accessed on November 10, 2013 .
