Direct democracy in Saarland

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Opportunities to use instruments of direct democracy in Saarland exist at the state level and the level of the municipality .

Direct democracy at the state level

Popular initiative

According to Art. 98a of the state constitution, popular initiatives can be founded which are aimed at the state parliament dealing with a specific matter of political decision-making . If the application has been signed by at least 5000 residents of Saarland who are entitled to vote and who have reached the age of 16 at the time of signing, the state parliament is obliged to comply with the request.

Referendum and referendum

At the state level , direct democracy in Saarland is expressed through referendums . In a referendum, the citizens entitled to vote vote on whether a certain law should be passed, amended or repealed. In other federal states, the dissolution of the state parliament can also be the subject of a referendum. This is not provided for in the Saarland state constitution.

Referendums and referendums are regulated in the section on legislation (Art. 98-104 of the state constitution).

Like other direct democratic votes, referendums are formulated as a question so that residents who are entitled to vote can either vote with “yes” or with “no”.

The application for the implementation of a referendum is called a referendum. Its admissibility and creation is determined in the Saarland by the state government (in other federal states mostly by the legislative body, e.g. the state parliament). Appeals against this decision can be lodged with the Constitutional Court. In order for a referendum to be admissible and for it to be established, a. to meet the following criteria:

  • It must be a state law regulation (e.g. no municipal regulations),
  • An elaborated and reasoned draft law must be available,
  • 5,000 eligible voters must apply
  • At least one fifth of those entitled to vote must support it to come about.
  • Financial regulations and changes to the Saarland state constitution cannot be the subject of a referendum.

If the state parliament does not comply with the referendum, a referendum must be brought about within two months. The referendum is successful when a simple majority of the valid votes cast is achieved and 25 percent of those entitled to vote have approved.

Direct democracy at the local level

Survey of residents

At the instigation of the municipal council, a survey of residents can be carried out in accordance with Section 20 KSVG. For this purpose, the views expressed by the municipal council are publicly presented to the residents beforehand. The subsequent survey is anonymized.

Resident application

According to § 21 KSVG, residents who have reached the age of 16 can demand that the mayor submit a specific self-administration matter to the municipal council . This is to be discussed and decided.

The application must be submitted in writing and signed by at least 5 percent of the residents. The mayor decides on the admissibility. If the application is admissible, it must be discussed within three months either by the municipal council or a committee.

Citizens' petitions and referendums

The referendum prepares a referendum. The citizens can have a referendum on a self-administrative matter requiring their community. In contrast to the resident application, in which the citizens have no influence on the decision of the municipal council, they can bring about a decision themselves in a referendum. Citizens' petitions and referendums are anchored in § 21a KSVG.

The municipal council decides on the admissibility after a preliminary examination by the mayor in accordance with Section 87 KWG. If the mayor considers the referendum to be unlawful, he must immediately inform the referral representatives in accordance with Section 60 (1) KSVG. If the preliminary examination reveals that the referendum has deficiencies that can be remedied, the representatives of the request can remedy these within a reasonable period. For this purpose, the petition must have a certain number of supporters, contain a question that can be answered with “yes” or “no” and contain a cost recovery proposal.

If the referendum is admissible and the municipal council does not accept the associated demands, a referendum must be carried out within a period of three months. According to Section 89 (1) KWG, this time must be on a Sunday or a public day of rest. The question associated with the referendum is accepted if it contains the majority of the valid votes and this majority represents at least 30 percent of those entitled to vote. For example, a referendum is not successful if 55 percent are in favor of the issue raised, but only 15 percent of those eligible to vote have participated.

If the referendum is successful, it is equivalent to a municipal council resolution. The municipal council is bound to this for two years, unless it initiates a new referendum to amend it within the period.

The Saar Statute and referendum

After negotiations between Chancellor Konrad Adenauer and French Prime Minister and Foreign Minister Pierre Mendès France in 1954, the latter basically waived the final separation of the Saar from Germany, but demanded a referendum, the so-called Saar Statute .

The question asked was: "Do you approve the European Statute for the Saarland, agreed between the Government of the Federal Republic of Germany and the Government of the French Republic on October 23, 1954 with the consent of the Saarland Government?"

In the result of the vote on October 23, 1955, 32.29 percent voted for, 67.71 percent against.

Web links

Cross references

Individual evidence

  1. ↑ Referendum and voting campaign
  2. ^ Results and political consequences of the referendum