Direct democracy in Berlin

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The Direct Democracy in Berlin includes a number of policy instruments that allow the population eligible to vote directly on the legislation of the country as well as in the management of districts can participate. It complements the existing instruments of representative democracy ( indirect democracy ), i.e. the election of people's representatives to the House of Representatives or to the district assemblies. In addition, it is possible in Berlin to dissolve parliament and call for new elections by direct democratic means by referendum and referendum.

Legal conditions

The legal foundations of direct democracy at the state level can be found in Articles 59 and 61–63 and 100 of the state constitution , as well as in §§ 29–40 of the Voting Act. Direct democracy in the Berlin districts is regulated in Sections 44–47 of the District Administration Act.

The relevant implementation provisions are also regulated in several state ordinances (voting regulations, state election regulations and ordinance on the validity of state electoral law in referendums).

The constitutional articles in their current version were adopted in an obligatory referendum , which was held parallel to the House of Representatives election on September 17, 2006, with a majority of 84% yes-votes. The current version of the Voting Act was passed on February 20, 2008 and simplified popular legislation on many points. Before the constitutional situation now in force, there were hardly any popular legislative procedures. The last relevant amendment to the District Administration Act for direct democracy in the districts was passed on February 17, 2011 by the House of Representatives.

Instruments of direct democracy at the state level

At the state level, Berlin has five instruments with which the electorate can directly influence the legislative process:

While the popular initiative stands on its own as an instrument, the motion to initiate a referendum, a referendum and a referendum build on each other in a three-stage process. The obligatory constitutional referendum is the only one that cannot be actively initiated by the population.

In Berlin, popular initiatives and plebiscites may not only be launched on laws, but can also include other general subjects of political decision-making, as long as these are within the competence of the House of Representatives. A referendum in Berlin can also seek to amend the constitution or to dissolve the House of Representatives, whereby higher requirements apply in terms of deadlines and the required signatures.

Dissolution of the House of Representatives

If a referendum in Berlin is aimed at the premature dissolution of the House of Representatives (Article 62 (6) and 63 (3) of the state constitution), the petition to initiate the referendum must first collect 50,000 signatures in six months. If the application is successful, the signatures of 20% of the eligible voters must be handed over within four months for the actual referendum. A 50% participation quorum applies to the subsequent referendum . In addition, a referendum to dissolve the House of Representatives can only be started once per electoral term and only up to 46 months after the last election (the regular legislative period lasts 60 months).

Instruments of direct democracy at district level

At the district level, Berlin has three instruments with which the electorate can directly influence district politics:

Citizens' petitions and referendums build on each other in a two-stage process. With the resident application, citizens can submit a proposal for mandatory consultation and resolution to the district assembly.

See also

Individual evidence

Laws and Regulations

Further evidence

  1. ^ Constitution of Berlin - Section V: The Legislation , at www.berlin.de, accessed on August 4, 2018
  2. ^ Constitution of Berlin - Section IX: Transitional and Final Provisions , at www.berlin.de, accessed on August 4, 2018
  3. ↑ Voting Act Act on popular initiatives, referendums and referendums , at www.wahlen-berlin.de, accessed on August 4, 2018
  4. ↑ District Administration Act (PDF) State of Berlin. Archived from the original on March 4, 2019. Retrieved February 21, 2019.
  5. ^ Andreas Schmidt von Puskás, the regional returning officer: Elections in Berlin. House of Representatives, district assemblies, referendum on the new regulation of referendums and referendum in the constitution of Berlin in Berlin on September 17, 2006. (pdf) Final result. In: www.wahlen-berlin.de. Statistisches Landesamt Berlin, October 5, 2006, p. 160 , archived from the original on March 4, 2011 ; Retrieved March 4, 2011 .

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