Referendum (Austria)

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The referendum is an instrument of direct democracy in Austria . With it, the National Council submits a draft law or a constitutional amendment to the people of the state, or the Federal Assembly submits the removal of the Federal President for a binding vote. The voting question must be answered with “Yes” or “No” and is done before the Federal President certifies the proposals to be decided. All citizens entitled to vote on the day of the vote are entitled to vote . The "unconditional majority" of the votes cast decides. In contrast to a referendum , the result is binding.

Compulsory referendum

A referendum is mandatory in Austria at the federal level,

The referendum on the removal of the Federal President is decided by the Federal Assembly. This is convened by the Federal Chancellor on the basis of a resolution by the National Council. The voting question in this case is "Should the Federal President be deposed?" If the voters answer “No” to the vote, the National Council is dissolved and new elections must take place immediately . In this case, the Federal President is automatically elected for a further six-year term of office.

Optional referendum

A referendum is to be held on amendments to the Federal Constitution adopted by the National Council that do not constitute an overall change if this is requested by at least one third of the members of the National Council or the Federal Council ( Art. 44 Para. 3 B-VG).

In the case of simple laws, a referendum is held if the National Council so decides or if the majority of the members of the National Council so request ( Art. 43 B-VG). The voting question must describe the legislative resolution to be voted on.

Procedure

A referendum is scheduled by the Federal President. If the referendum is aimed at the removal of the Federal President, it is set up by the three Presidents of the National Council as a college . The voting question must be answered with "Yes" or "No".

A deadline and a voting day are set. The lists of those entitled to vote must be available to all responsible electoral authorities no later than 21 days after the deadline. The voting day must fall on a Sunday or other statutory rest day. Several referendums can also take place on the same day.

Whoever has the right to vote for the National Council on the day of voting is entitled to vote ; the outcome of the referendum is binding. The implementation of a referendum is almost no different from an election . As with this one, Austrians abroad can take part in a referendum.

As soon as the result of the vote is available, it will be announced by the federal electoral authority . Objections to the result of the vote can be submitted to the Constitutional Court up to four weeks after its announcement . Federal laws that are based on a referendum must be published with reference to the result of the referendum.

The municipalities bear the costs of the referendum, but the federal government has to reimburse them a lump sum of 0.50  euros per resident entitled to vote.

Legal anchoring

The referendum is regulated in Articles 43–48 and 60 of the Federal Constitutional Act and in the Referendum Act.

Previous referendums

So far there have been two nationwide referendums in Austria:

1) Optional referendum of November 5, 1978 on a federal law on the peaceful use of nuclear energy in Austria (commissioning of the Zwentendorf nuclear power plant ): “Should the legislative resolution of the National Council of July 7, 1978 on the peaceful use of nuclear energy in Austria (commissioning of the Zwentendorf nuclear power plant) become law gain?"
Result: 50.47% voted “No” (1,606,308 votes) - 49.53% voted “Yes” (1,576,839 votes).
There was a strong east-west divide. The rejection was 84.4% in Vorarlberg , but only 40.2% in Burgenland .
2) Obligatory referendum of June 12, 1994 on Austria's accession to the European Union : "Should the legislative resolution of the National Council of May 5, 1994 on the Federal Constitutional Act on Austria's accession to the European Union gain legal force?"
Result: 66.58% voted “Yes” (3,145,981 votes) - 33.42% voted “No” (1,578,850 votes).
According to the prevailing opinion, this referendum had to be carried out because there was an overall amendment to the federal constitution .
A historical comparison with the last plebiscite conducted on the peaceful use of nuclear energy on November 5, 1978 ("Zwentendorf referendum") shows an increase of 13.9% (706,799 votes).

See also

Web links

Individual evidence

  1. ^ The Austrian Federal Constitutional Law .
  2. ^ The Austrian referendum law of 1972.
  3. ↑ Interior Minister Erwin Lanc read out the surprising result. on zwentendorf.com
  4. ^ 1978: Referendum Zwentendorf. (PDF; 717 kB) In: Turning points and continuities. Caesuras in the democratic development in Austrian history. Forum Politische Bildung (Ed.), Innsbruck / Vienna 1998, pp. 162–175.
  5. ↑ a b EU referendum: referendum on Austria's accession to the European Union on June 12, 1994 (PDF), publisher: Federal Ministry of the Interior, with detailed results by municipalities