Referendum
A referendum is an instrument of direct democracy in Germany . In Germany it is usually a binding, direct democratic vote by the electorate on a political matter. In Baden-Württemberg, the term referendum is used for this. In a referendum, the citizens entitled to vote decide directly whether to accept or reject a bill (e.g. a law ). While an election is used to decide whether to award mandates to individuals, a referendum focuses on voting on a specific issue. Elections and votingTogether with the separation of powers according to Article 20 of the Basic Law in Germany, they form the essential basis for the people to exercise sovereign state power .
The meaning of the term referendum is not always clearly defined in Germany . On the one hand, this means the direct democratic vote on a bill submitted by the people by popular initiative and referendum . On the other hand, referendum is often used synonymously in Germany for referendum (see also the section on terminology and delimitation ). Referenda in Germany there are in all legislative authorities (ie federal and country ), but in some very different designs. As a rule, referendums are binding in Germany, but there are a few exceptional cases. Direct democratic votes in local authorities without legislative competence ( municipalities and districts ), on the other hand, are referred to as referendums .
Terminology and delimitation
In Germany the terms referendum , referendum and referendum are often used indiscriminately in everyday usage. This also applies less often to the terms plebiscite and referendum . While in political science all of these terms are more or less clearly delimited from one another, synonymous use predominates in media reporting and everyday use.
Referendum or referendum?
In press publications and in everyday use, the terms referendum and referendum are very often used synonymously. A clear delimitation is actually difficult, as both terms are used differently depending on the context and region .
So there is a geographically different usage in everyday language usage. In the south-western German-speaking area ( Switzerland , Baden-Württemberg and Liechtenstein ), referendum is mostly used , while in the rest of the German-speaking area, it is mostly referred to as referendum . Both expressions mean the same thing when used, namely the formal act of a direct democratic vote.
Above all in the political science context, but also strongly pronounced among supporters of the concept of social sculpture by Joseph Beuys , the terms refer to two different objects. Referendum here means exclusively the formal act of the actual vote, while referendum refers to the entirety of the three-stage popular legislation , i.e. popular initiative, referendum and referendum together.
This inconsistency in the use of the term is also reflected in German laws and constitutions . The Weimar Constitution, for example, spoke of a referendum in Article 43 (removal of the Reich President) , but uses the term referendum in Articles 73 to 76 (people's legislation) . During the National Socialist era, all four referendums were referred to as referendums . The Basic Law and the state constitutions of almost all federal states speak of referendums , only in Baden-Württemberg the term referendum is used. The usage is inconsistent in Hessen . As a result of referendum votes that have been made hot referendum , obligatory referendum on amending the country's constitution, by contrast, as a referendum called (see picture). In addition, the term referendum is used in the laws of some federal states (for example Hamburg and Lower Saxony ) in the political science sense to denote the entirety of the three-tier national legislation.
Differentiation of referendum and referendum
In political science, the term referendum is always used to denote the vote on a proposal put forward by the people on a political matter (a so-called initiative procedure ). In contrast, a referendum always refers to a vote on a proposal drawn up by the elected representative ( parliament ) or the government . This clear linguistic distinction is important insofar as it enables a better analytical delimitation of democracies with direct democratic elements on the one hand, and dictatorships with bogus democratic referendums on the other (compare Bonapartism ).
This clear conceptual distinction in science is not, however, reflected in the German constitutions and laws. For example, the Basic Law always speaks of referendums , even when it comes to proposals not originating from the population. For example, the constitutions of the states of Baden-Württemberg and North Rhine-Westphalia do not differentiate linguistically as to whether a direct democratic vote is based on a proposal from the population or from parliament or the government.
The falsely synonymous use of the terms referendum and referendum in Germany is favored by the fact that many other languages actually do not make this distinction, which often leads to translation errors into German. For example, referendum ( referendum , référendum , eferéndum ) is used uniformly in English , French and Spanish . In Switzerland, on the other hand, which has a much more pronounced tradition and practice of direct democracy, it is also very clear in everyday language - in all four national languages (German, French, Italian and Romansh ) - between different forms of referenda on the one hand Side and referendums (French. Votation populaire ; Italian. Votazione popolare ; advises. Votaziun dal pievel ) on the other side.
Delimitation of referendum and referendum
In political science, a referendum usually describes a binding, direct democratic vote. The referendum, on the other hand, is only of an advisory nature, so the vote of the voters is not binding on parliament or the government. In practice there are seldom overlaps (in Berlin, under certain conditions, non-binding referendums are also possible), but it is usually easy to distinguish between the two instruments. Incorrectly synonymous uses of both terms are therefore rather rare, especially since the difference between a “decision” and a “survey” is also quite clear in everyday language.
The term referendum is used exclusively in the Basic Law (Article 29) and is not found in any state constitution.
A popular referendum known around the world was the “ Brexit referendum ” in the United Kingdom in June 2016 on the country's membership of the European Union .
Differentiation of referendum and plebiscite
In political science the term plebiscite is used as a neutral generic term, with which every form of direct democratic voting is described, completely independent of the other framework conditions. A referendum is therefore just as much a plebiscite as a referendum or a referendum.
In addition to the strictly scientific use, the term plebiscite is sometimes ascribed a negative connotation . The Latin word plebs originally referred to the simple people of Rome who were not part of the nobility. In today's German , the expression plebs (or plebeians) is often associated with a certain disdain for the supposedly politically uneducated majority of the population. In the political discourse on direct democracy, the term plebiscite or plebiscitary elements tends to be used more often by people who are more reluctant to expand political participation rights. Proponents of the expansion of direct democracy through initiative procedures tend to avoid the expression plebiscite, especially since it also refers to procedures (referendums, popular polls) that they sometimes reject.
Referendums in Germany
Following the linguistic ambiguity of the German Basic Law and the state constitutions, there are two different forms of referendums in Germany:
- On the one hand triggered by an initiative procedure as part of a three-stage popular legislation ,
- on the other hand, triggered by a resolution by parliament or government as a referendum.
The regulations for referendums based on initiative procedures from the people have, at least in principle, certain common features in all regional authorities. Referendums initiated by the people (only in Baden-Württemberg under the designation plebiscite ) always form the last step of a three-stage popular legislation. In principle, this is always subject to certain subject exclusions (although the same subjects are not always excluded), so that referendums on certain issues may be inadmissible. Referendums are binding in all regional authorities, even if there are some very limited exceptions to this. Referendums on the basis of an initiative procedure are planned in all regional authorities in Germany, but they differ considerably in terms of their political and practical significance and scope, in particular due to various subject exclusions.
Referendum-based referendums, on the other hand, are less anchored. At the federal level, they are only available for two narrowly defined use cases, a few countries offer more leeway for referendums, but in most these are not provided at all.
Referendums at federal level
Referendums initiated by the people
At the moment, referendums in the Federal Republic of Germany can only be initiated through a referendum to reorganize the federal territory . They are therefore subject to an extremely extensive topic exclusion. The corresponding regulations are laid down in Article 29 of the Basic Law and in the law on the procedure for referendums, referendums and referendums in accordance with Article 29 (6) of the Basic Law . In such a referendum, only the German citizens in the areas affected by the reorganization are entitled to vote. In the history of the Federal Republic of Germany, a total of eight referendums were carried out on the basis of seven petitions for the reorganization of the federal territory:
- 1970 in two voting areas on the question of creating an independent state of Baden ,
- 1975 four separate votes to split Rhineland-Palatinate and
- 1975 two separate votes in Lower Saxony to create the federal states of Oldenburg and Schaumburg-Lippe.
The view that prevailed in constitutional law up to the 1990s that nationwide referendums on the basis of initiative procedures on topics other than regional reorganization would be contrary to the spirit of the Basic Law has changed. The reasons put forward for this, in particular that the Parliamentary Council expressly wanted to prevent this on the basis of the “Weimar experience” , are considered historically refuted. The prevailing opinion is now that such an inclusion of direct democratic rights of initiative is expressly possible on the basis of Art. 20 (2) (state authority), but for this purpose an amendment of the Basic Law, in particular, is mandatory on the basis of Art. 20 (3) of Art. 76 (1) (Federal legislation), Art. 77 (Participation of the Länder) and Art. 82 (Execution of laws) is necessary.
Since the beginning of the millennium, apart from the CDU, all parties represented in the Bundestag have made proposals to adapt the Basic Law in order to expand the scope of referendums and referendums beyond the narrow thematic limitation to regional reorganizations:
- In 2002 the parliamentary groups of the SPD and the Greens introduced such a draft to the German Bundestag for the first time, but it was rejected with the votes of the CDU / CSU opposition,
- In 2006 the parliamentary groups of the Greens, FDP and Die Linke each brought their own draft to the Bundestag; All three proposals were rejected with the votes of the government factions of the CDU, CSU and SPD
- In 2010, Die Linke introduced a corresponding draft to the Bundestag, which was approved by a roll-call vote by 61 MPs and rejected by 400 MPs with 60 abstentions,
- In 2013 the SPD introduced a corresponding draft to the Bundestag, but it was rejected with the votes of the government groups CDU, CSU and FDP,
- In 2013, the SPD and CSU approved the introduction of nationwide referendums as part of a joint statement in the ongoing coalition negotiations . Due to the strict rejection of the CDU, this position was not included in the coalition agreement. A question on the parliamentary watch regarding the coalition negotiations revealed that Sigmar Gabriel and Horst Seehofer were in favor and Angela Merkel was against.
During a public web discussion by the Greens on the failed exploratory talks in Jamaica, the following results were in favor of nationwide referendums: CSU, FDP, The Greens. Against nationwide referendums were: The CDU. The statement comes from Britta Hasselmann. Claudine Nierth from 'Mehr Demokratie eV' asked. (Min 1:20)
Referendum-like referendums
In the Basic Law, a referendum-based referendum is clearly mandatory only in the event that the Bundestag or the state parliaments decide to reorganize the federal territory. In such referendums, only citizens living in the affected areas are entitled to vote, although several voting areas can be specified. Appropriate referendums were made
- 1951 for the establishment of the state of Baden-Württemberg , as well
- 1996 issue of the merger of the states of Berlin and Brandenburg performed.
In the votes for the establishment of the state of Baden-Württemberg, a majority voted in favor of the reorganization, but the merger of Berlin and Brandenburg failed due to the majority rejection of the Brandenburgers.
Whether the replacement of the Basic Law according to Art. 146 GG by "a constitution [...] which has been adopted by the German people in free choice" requires a referendum is controversial. While some constitutional lawyers and constitutional judges affirm this, others refer to the Parliamentary Council and consider the adoption of a new constitution to be possible without a direct democratic vote. Art. 146 is open to the "convention model", in which a committee established for this purpose draws up a proposal that is then submitted to the people for voting, as well as for the "national assembly model", in which the people elect a constituent assembly with the express mandate to work out and pass a constitutional constitution without the people having to vote again on the result. The Unification Treaty on German reunification recommended in its Art. 5 to deal “with the questions raised in connection with the German unification to amend or supplement the Basic Law, in particular [...] with the question of the application of Article 146 of the Basic Law and in the framework of a referendum. ” In its report of November 5, 1993, however , the Joint Constitutional Commission expressly made no recommendation; the Basic Law was already unreservedly democratically legitimized and a referendum could no longer add anything essential. Art. 146 GG thereupon remained part of the Basic Law in its version, which was slightly modified by the Unification Treaty. In a decision of March 31, 2000, the 4th Chamber of the Federal Constitutional Court justified the non-acceptance of a constitutional complaint in which the Federal Republic of Germany demanded measures to allow the German people to pass a constitution according to Article 146 of the Basic Law, including neither From the wording and from the history of the creation of this article of the Basic Law, there is a clue for the obligation of state bodies to hold a referendum.
Closely related to this is the question of when the transfer of sovereign rights to the European Union would in fact amount to a replacement of the Basic Law. After the judgment of the Federal Constitutional Court on the rescue of the euro on September 7, 2011, its President Andreas Vosskuhle said in an interview that in order to hand over further core competencies such as the budget sovereignty of the Bundestag to the European Union, “Germany would have to adopt a new constitution. A referendum would be necessary for this. It doesn't work without the people! "
In the GDR , the possibility of referendums was provided for in Article 53 of the constitution: "The People's Chamber can decide to hold referendums."
Referendums at the state level
Referendums initiated by the people
In all federal states there is the possibility of bringing about a referendum by means of a popular initiative (in some federal states instead of a petition for a referendum ; in Saxony , a referendum ; in Bremen and Thuringia citizens' petition) and referendums. There are big differences between the federal states as to which questions a referendum is even permissible on:
- In all federal states, referendums on simple laws can be held in this way .
- Apart from Hesse, referendums on a constitutional amendment are also possible in all federal states .
- In Berlin , Hamburg and Schleswig-Holstein, beyond this limit, referendums are possible on all questions of political decision-making , although these are only recommendations, even if the state parliament cannot make a binding decision on the question.
- In Brandenburg , a referendum can expressly be held on the calling of a constituent assembly .
- In a number of federal states, but not in all, a referendum can also be used to vote on the premature dissolution of the state parliament .
Referendum-like referendums
Referendum-like referendums, i.e. direct democratic votes on drafts from parliament or government, are only provided for in a few federal states.
- In Bavaria and Hesse, all changes to the state constitutions are subject to a referendum . In Berlin, this only applies to changes to Articles 62 and 63 (direct democracy) of the state constitution.
- Hamburg is the only federal state that has the possibility of submitting a decision of the Hamburg citizenship to a referendum ( optional referendum ) within three months with the signatures of 2.5% of the eligible voters . However, this possibility is strictly limited to resolutions of the Hamburg citizenship, with which resolutions previously passed in a referendum are to be changed.
- In Baden-Württemberg, Lower Saxony and Rhineland-Palatinate, laws can be subjected to a binding referendum ( confirmative referendum ) by resolution of the state parliament, in Lower Saxony additionally by resolution of the government and in Hamburg by resolution of the state parliament and the government .
Framework conditions for referendums
Legal scope
In principle, referendums are treated as equivalent to the resolutions of a parliament. They are thus subject to the same possibilities and restrictions that are imposed on a parliament by the constitutional order . If a law is passed by referendum, it has the same validity and value as if it had been passed by the elected representative. This also means that a referendum cannot legitimize anything that parliament is not allowed to legitimize either. The introduction of the death penalty , for example, would violate human rights and the Basic Law - its introduction is therefore not possible either through a parliamentary resolution or a referendum.
With the adoption of a newly drafted constitution , i.e. the constitution of a new state, there is no equalization of powers between the electorate and the regular parliament, since the latter is only legitimized by the constitution. Hence, a new constitution is usually drawn up by a constituent assembly elected for that purpose only. The decision on the draft constitution is often submitted to the people as immediate sovereigns for decision. But it also happens, as in the case of the Weimar National Assembly or the Parliamentary Council , that the Constituent Assembly itself adopts the constitution.
Commitment
Laws and constitutional amendments passed by referendum are generally binding. However, this does not preclude the elected representative from changing or revoking the decision on its own initiative at a later date . There is no kind of 'grandfathering' in Germany that would fundamentally withdraw the laws passed by referendum from access to parliament (as is the case, for example, in some US states ) and would also not be constitutionally permissible, as this would make the sovereign Parliament's rights would be permanently curtailed. In principle, it is possible - but only actually implemented in Hamburg - that the binding force of referendums is secured by a so-called "optional referendum". The Hamburg citizenship can change the resolution of a referendum at any time. According to Article 50, Paragraph 4 of the Hamburg State Constitution , an optional referendum can be called by 2.5% of the electorate within three months of the decision.
Non-binding referendums are currently only possible in Berlin, since all political decision-making issues can be subjected to a referendum there. This means that the electorate can also vote on issues on which the Berlin House of Representatives can not make binding, but only recommendations. In this narrowly defined area, referendums in Berlin can be non-binding. In practice, this has so far only applied to the first referendum held in Berlin to keep Tempelhof Airport open , as this was an administrative act by the executive branch on which the legislature could only make recommendations.
Deadlines and voting date
If a referendum is called, all state legislatures stipulate its implementation on a single day within a legally specified period. Their length varies from state to state, but is always a few months. In some federal states, variable deadlines are provided so that voting can be combined with one election within a certain period of time. The only exception to the setting of deadlines or dates are petitions for the reorganization of the federal territory, for which there are no specifications. In the case of the referendums for a reorganization of the area from 1975, the successful referendums were 19 years ago - they had already taken place in 1956.
Only Hamburg knows the legal requirements for the actual day of voting. There, referendums have to be combined with an election, unless the initiators of the referendum expressly request a different date. In all other federal states, either the state returning officer or the interior ministry decides on the voting day. Consolidation with an election is usually supported by all political actors, since it saves costs for the implementation and at the same time a higher participation can be expected.
The date of a vote can also be the subject of tactical considerations, especially if a referendum is subject to a voting quorum. The initiators of a referendum usually try to set all deadlines in connection with a referendum in such a way that the referendum can ultimately be carried out together with an election. If the executive is responsible for setting the date, it may be tempted to prevent such a merger in order to increase the chance that a proposal will fail due to the quorum. In order to prevent this tactical influence, in the US states, for example, all necessary referendums are always held collectively on the national election dates set every two years in November. In Switzerland, the Federal Council sets four “blank voting dates” per year for 20 years in advance, on which the pending proposals are usually voted on at all political levels.
Submission, counter submission and voting procedure
If the subject of the referendum is a proposal from a referendum, the elected representative has the opportunity to submit its own proposal as a counter-proposal for voting. Depending on whether parliament makes use of this right, usually only one or two proposals on a topic are put to the vote in a referendum. In rare cases, several referendums with differing content on the same topic can be voted on in a referendum at the same time. In these cases, too, the parliament can only submit a single competition draft on the subject to the referendum. There was only one such situation in Germany, in the referendum on the organization of the school system in Bavaria in 1968. In the case of a referendum-like referendum, however, there is no possibility of introducing a counter-proposal into the vote.
However, the voting mode for several proposals on the same topic is not standardized. The voters can either support only one of the two templates or reject both, or they can vote on both templates separately with “Yes” or “No”. If two drafts are in competition with each other for voting, the draft that has received the larger number of “yes” votes is usually considered accepted. In some cases, a decision question is also asked instead as to which of the two proposals the voters prefer in the event of a tie. Regardless of which method is chosen, the templates can only be coordinated as a whole. Partial approval or rejection of a submission or express abstention is therefore not possible.
The actual voting process is similar to that of an election and follows the same principles . The respective electoral officer of the regional authority is responsible for the organization and implementation of the actual referendum (sending of requests to vote , setting up voting stations , counting) . All costs arising in this connection are borne by the state treasury. Costs for the accompanying voting campaign, i.e. expenses for posters, information materials, events and so on, however, are borne by the respective supporters or opponents of a proposal. A few federal states provide for a partial reimbursement of expenses, similar to the reimbursement of election campaign costs.
In addition to voting on the actual day of the referendum, many (but not all) federal states also allow early voting by letter and / or in the voting hall. Using the same procedure as for postal voting, those entitled to vote can request all the necessary documents in advance to cast their votes by post. Furthermore, in some federal states it is possible to cast one's vote directly in a separate voting room at the administration within a certain period (usually a few weeks) before the day of the referendum. Both measures are intended to lower the hurdles to participation and thus contribute to a higher participation in the referendum.
quorum
With the exception of Saxony and Bavaria, referendums in Germany are usually subject to a quorum . In a vote with a quorum, a proposal is only considered to be accepted if, in addition to the necessary majority of “yes” votes, it also receives the approval of a certain number of those entitled to vote (so-called approval quorum ). In the Weimar Republic and until a few years ago, a necessary minimum participation (so-called participation quorum ) was often required in Germany . Due to the associated problems (e.g. calls for a boycott of votes by opponents of a proposal), participation quorums are almost no longer used today. Only Rhineland-Palatinate provides for a quorum for referendums on simple laws, and North Rhine-Westphalia and Saarland for referendums on constitutional amendments.
For a proposal subject to a referendum with quorum, there are three possible results in the vote:
- The proposal received a majority of “no” votes and thus failed,
- the proposal receives a majority of “yes” votes, but not enough to skip the required quorum and has therefore also failed (also referred to as spurious failure ),
- the proposal receives a majority of “yes” votes that exceed the required quorum and is thus accepted.
The existence and amount of quorums is very different in Germany:
- Bavaria and Saxony generally do not have a quorum for referendums on simple laws based on popular legislation; approval quorums between 15% and 25% apply in all other federal states. Hamburg stipulates an approval quorum of 20% only in the event that the referendum is not held together with an election. Only Rhineland-Palatinate provides for a participation quorum of 25% in these cases.
- In the case of referendums on constitutional amendments by people's legislation, all federal states in which this is possible (with the exception of Hamburg) also provide for increased approval rates of between 25% and 50% and often a two-thirds majority of "yes" votes. Only North Rhine-Westphalia and Saarland still use a participation quorum of 50% in these cases. Hamburg does not provide for a quorum of approval, but a two-thirds majority of the voters. However, the referendum must take place together with an election.
- For referendum-shaped referendums , however, there are generally no quorums in the federal states, but - as in all elections in Germany - simply the majority of the voters decide. Notwithstanding this, referendums are only subject to the same quorums as the people's legislation in Baden-Württemberg.
- There are generally no quorums for referendums on the reorganization of the federal territory , regardless of whether they were obtained by parliamentary resolution or by referendum.
The meaningfulness of quorums in referendums is always a very controversial topic in Germany. See quorums in the light of the proponents of a potentially low turnout - particularly in popular legislation - an essential protection of the public prior to the adoption of supposedly the common good conflicting templates. The opponents of quorums, however, doubt the need for such protection, since it is in any case open to anyone entitled to vote to object to such proposals by simply casting a vote. For example, no quorums are generally used for referendums in Switzerland and Liechtenstein.
Legal basis of referendums in Germany
| Legal basis of referendums in the Federal Republic of Germany | ||||||
|---|---|---|---|---|---|---|
| general | as part of a referendum |
mandatory referendum |
||||
| territorial corporation |
regulated in | previous stages | Voting quorum for simple laws |
Voting quorum on constitutional amendments |
is triggered by | Voting quorum |
 Baden-Württemberg
|
Art. 59 and 60 of the state constitution ; Sections 2–24 of the Referendum Act |
Popular initiative or request a referendum , referendum |
20% of those entitled to vote must agree |
50% of those entitled to vote must agree |
no mandatory referendum | |
 Bavaria
|
Art. 71, 72 and 74 of the state constitution ; Art. 75–88 (PDF; 183 kB) of the state election law |
Application for a referendum , referendum |
no quorum | 25% of those eligible to vote must agree |
Constitutional amendment | no quorum |
 Berlin
|
Articles 59, 62, 63 and 100 of the state constitution ; Sections 29–40 of the Voting Act |
Application for a referendum , referendum |
25% of those eligible to vote must agree |
50% of those entitled to vote must agree and a 2/3 majority of those who vote |
Amendment of articles 62 and 63 of the state constitution | 50% of those entitled to vote must agree and a 2/3 majority of those who vote |
 Brandenburg
|
Art. 22, 75–79 and 115 of the state constitution ; Sections 26–55 of the Referendum Act |
Popular initiative , referendum |
25% of those eligible to vote must agree |
50% of those entitled to vote must agree and a 2/3 majority of those who vote |
Adoption of a new constitution; Motion for election of a constituent assembly |
no quorum; 2/3 of the voters + 50% of the eligible voters |
 Bremen
|
Art. 70, 71 and 125 of the state constitution ; Sections 1–7 of the law on the procedure for referendums |
Application for a referendum , referendum |
20% of the electorate must agree |
50% of the electorate must agree |
Amendment of articles 75, 143, 144, 145 (1) or 147 of the state constitution | no quorum |
 Hamburg
|
Art. 48 and Art. 50 of the Constitution of the Free and Hanseatic City of Hamburg ; Sections 18–25 of the Referendum Act |
Popular initiative , referendum |
no quorum (20%) | no quorum + 2/3 majority of voters | no mandatory referendum | |
 Hesse
|
Art. 123–124 of the state constitution ; Sections 16–25 of the Popular Petition Act |
Application for a referendum , referendum |
25% of those eligible to vote must agree |
not possible | Constitutional amendment | no quorum |
 Mecklenburg-Western Pomerania
|
Art. 60 of the state constitution ; Sections 18–25 of the VaG; Sections 9-18 of the Implementing Ordinance |
Popular initiative , referendum |
25% of those eligible to vote must agree |
50% of those entitled to vote must agree and a 2/3 majority of those who vote |
no mandatory referendum | |
 Lower Saxony
|
Art. 49 of the state constitution ; Sections 24–35 of the Referendum Act |
Application for a referendum , referendum |
25% of those eligible to vote must agree |
50% of the electorate must agree |
no mandatory referendum | |
 North Rhine-Westphalia
|
Art. 2, 68 and 69 of the state constitution ; §§ 22–29 of the VIVBVEG; Sections 9–14 of the VIVBVEG Implementing Ordinance |
Application for a referendum , referendum |
15% of the electorate must agree |
50% of those entitled to vote must participate and a 2/3 majority of those who vote must agree |
no mandatory referendum | |
 Rhineland-Palatinate
|
Art. 107–109 of the state constitution ; Sections 77–84 of the State Election Act; Sections 84–87 of the state election regulations |
Request for a referendum , ( popular initiative ), referendum |
25% of eligible voters must participate |
50% of the electorate must agree |
no mandatory referendum | |
 Saarland
|
Art. 61, 99 and 100 of the state constitution ; §§ 14–21 of the Referendum Act; Sections 8–11 of the referendum regulations |
Application for a referendum , referendum |
25% of those eligible to vote must agree |
50% of those entitled to vote must participate and a 2/3 majority of those who vote must agree |
no mandatory referendum | |
 Saxony
|
Art. 70 , 72–74 of the state constitution ; Sections 26–50 VVVG |
Popular motion , popular initiative |
no quorum | 50% of the electorate must agree |
no mandatory referendum | |
 Saxony-Anhalt
|
Article 81 of the state constitution ; Sections 20–29 (PDF; 44 kB) of the Referendum Act |
Request for a referendum , ( popular initiative ), referendum |
25% of those eligible to vote must agree |
50% of those entitled to vote must agree and a 2/3 majority of those who vote |
no mandatory referendum | |
 Schleswig-Holstein
|
Art. 48 +49 of the state constitution ; Sections 20–27 of the Referendum Act |
Popular initiative , referendum |
15% of the electorate must agree |
50% of those entitled to vote must agree and a 2/3 majority of those who vote |
no mandatory referendum | |
 Thuringia
|
Art. 81 and 82 (PDF; 6.1 MB) of the state constitution ; Sections 19–27 of the Act on Proceedings for Citizens' Applications, Referendums and Referendums |
Application for approval of the referendum , referendum |
25% of those eligible to vote must agree |
40% of eligible voters must agree |
no mandatory referendum | |
 Federal Republic of Germany |
Art. 29 Paragraphs 2 and 3 as well as Art. 146 GG; Sections 1–17 of the law on the procedure for referendums, plebiscites and referendums under Article 29, Paragraph 6 of the Basic Law, Sections 1–45 of the Regulations for the Implementation of the Reorganization |
not possible | not possible | Reorganization of the federal territory; Adoption of a constitution |
no quorum; no quorum |
|
history
In the aftermath of the November Revolution and the establishment of the Weimar Republic , referendums found their way into both the Weimar Imperial Constitution and most of the state constitutions. The first referendum in Germany was held on April 13, 1919 on the adoption of the state constitution of the Republic of Baden . The first referendum on the question of a reorganization of the area on November 30th of the same year in the Free State of Coburg . The first referendum based on a referendum took place on December 6, 1926 to dissolve the state parliament in the people's state of Hesse . There were a total of two referendums across the Reich, on the one hand the referendum initiated by left-wing parties for the expropriation of the princes without compensation , which led to a referendum in 1926, and on the other hand the referendum initiated by right-wing parties against the Young Plan in 1929. 1926 failed the submission of the required quorum of 50% approval of all those entitled to vote, 1929 of the participation quorum of 50%. The failure in both cases can mainly be traced back to calls by the opposing party to boycott the vote. The now historically very controversial thesis that there were “bad Weimar experiences” with popular referendums is often cited as the reason for its almost complete absence in the Basic Law of the Federal Republic of Germany. Furthermore, in the course of the Versailles Treaty in 1920 and 1921 a total of six referendums were held in various Prussian provinces on the question of territorial affiliation. In 1935 this was also the case in the Saar area .
During the National Socialist era , a total of four so-called “referendums” were held, but some of them were accompanied by massive irregularities and did not correspond to the principles of free elections . An election brought about by referendum and referendum, which enabled the NSDAP to gain a majority in the city council, took place in Neustadt an der Aisch around 1931 .
In the post-war period , the first referendum (actually a referendum) on the question of the expropriation of war and Nazi criminals after the Second World War was held in Saxony in 1946 . A whole series of state constitutions of the newly emerging federal states were also passed by referendum. The states of Hesse and Bavaria also anchored mandatory referendums on constitutional amendments. Since the design of direct democracy was extremely hostile to practice in almost all federal states, apart from the question of reorganization of the federal territory, there were only three referendums initiated by the population between 1949 and 1990 (twice in Bavaria in 1968, once in Baden-Württemberg in 1971) .
In the GDR , the new constitution was also adopted by referendum in 1968 , although the principles of free elections, in particular voting secrecy, were not observed here either.
After reunification , all of the new German federal states incorporated popular initiatives, petitions and referendums into their state constitutions , not least because of the experience of the peaceful revolution . As a result, a number of western federal states (e.g. Schleswig-Holstein and Bremen) also reformed the relevant regulations and made them more user-friendly. Between 1990 and 1999 there were six popular referendums (in Bavaria in 1991, 1995 and 1998, in Schleswig-Holstein in 1997 and 1998, and in Hamburg in 1998 and 1999). Around and after 2000, the regulations for direct democracy were changed in a number of other federal states to be more user-friendly (for example in Berlin, Brandenburg, Hamburg, Baden-Württemberg). Since 2000, twelve popular referendums have been held in German federal states.
Pro and contra referendum
See also
literature
- Mario Martini : When the people decide. Duncker & Humblot, Berlin 2011, ISBN 978-3-428-13759-6 .
- Theo Schiller, Volker Mittendorf (ed.): Direct democracy. Research and Perspectives. Westdeutscher Verlag, Wiesbaden 2002, ISBN 3-531-13852-9 .
- Hermann K. Heussner, Otmar Jung (Ed.): Dare to dare more democracy. Referendum and referendum. History - Practice - Suggestions. With a foreword by Hans-Jochen Vogel . On behalf of the Board of Trustees for More Democracy. Olzog Verlag, Munich 1999, ISBN 3-7892-8017-8 .
- Otmar Jung: Basic Law and referendum. Westdeutscher Verlag, Opladen 1994, ISBN 3-531-12638-5 .
- Fabian Wittreck : Direct Democracy and Constitutional Jurisdiction . A critical overview of the German constitutional jurisprudence in questions of direct democracy from 2000 to 2002. In: Yearbook of the public law of the present . 53, 2005, ISSN 0075-2517 , pp. 111-185.
- Otmar Jung: Direct Democracy in the Weimar Republic. The cases of “revaluation”, “expropriation of princes”, “armored cruiser ban” and “Youngplan”. Campus Verlag, Frankfurt am Main u. a. 1989, ISBN 3-593-33985-4 .
- Reinhard Schiffers: Elements of direct democracy in the Weimar government system. Droste Verlag, Düsseldorf 1971 ( articles on the history of parliamentarism and political parties 40, ISSN 0522-6643 ), (at the same time: Mannheim, Univ., Diss.).
- Frank Rehmet, Tim Weber: 2016 referendum ranking . Ed .: Mehr Demokratie eV 5th edition. Berlin ( referendum ranking 2016 (PDF)).
Footnotes
- ↑ SPD and CSU for referendums at federal level , Süddeutsche Zeitung, Thorsten Denkler, November 12, 2013.
- ^ Commentary nationwide referendums: The fear of the citizen , taz, Gereon Asmuth, November 12, 2013.
- ↑ An example of this is a call ( memento of December 3, 2013 in the Internet Archive ) by the Omnibus for direct democracy .
- ↑ Article 43 of the WRV
- ↑ Articles 73 to 76 of the WRV
- ↑ Law on referendums of July 14, 1933.
- ↑ Article 59 (3) of the constitution of Baden-Württemberg.
- ↑ Law on popular initiatives and referendums of May 16, 1950.
- ↑ In both countries, for example, the relevant regulations are called "Law on popular initiatives, referendums and referendums (referendum law)".
- ↑ Article 60 of the Baden-Wuerttemberg constitution states the conditions under which the state parliament itself can schedule a vote.
- ↑ Article 86 (3) ( memento from October 19, 2012 in the Internet Archive ) of the North Rhine-Westphalian constitution names conditions under which the state government can schedule a vote.
- ↑ Article 29 of the Basic Law.
- ↑ Brexit in the European constitution. In: verfassungsblog.de . June 27, 2016, accessed on March 31, 2019 : "A consultative referendum [...] took place on June 23, 2016. "
- ↑ Interview with Wolfgang Bosbach (CDU), Kölner Stadtanzeiger, September 16, 2013.
- ↑ Otmar Jung evaluated the minutes of the Parliamentary Council in his study of the Basic Law and Referendum in 1994 and came to the conclusion that “a fundamental rejection, be it for historical-political reasons (“ Weimar experience ”), or even for democratic-theoretical considerations, can hardly be proven. Both the experts and the Parliamentary Council were structurally open to direct democracy ”(p. 329).
- ↑ Bundestag printed paper 14/8503 of March 3, 2002
- ↑ Bundestag printed matter 16/474 of January 25, 2006 (FDP), 16/680 of February 15, 2006 (Greens) and 16/1411 of May 9, 2006 (Die Linke).
- ↑ Bundestag printed paper 17/1199 of March 24, 2010
- ↑ Bundestag printed paper 17/13873 of June 11, 2013
- ↑ Referendums: The CDU foams ( memento from December 4, 2013 in the web archive archive.today ), ZDF heute.de, Kristina Hofmann, November 12, 2013
- ↑ Sigmar Gabriel on parliamentwatch.de ( Memento from December 23, 2015 in the Internet Archive )
- ↑ https://www.youtube.com/watch?v=muLkiKHRvYM
- ^ So Horst Dreier : Constitutional Reform - A New Germany , Die Zeit , No. 43 of October 20, 2011.
- ↑ BT-Drs. 12/6000 of November 5, 1993 (PDF, p. 111).
- ↑ BVerfG, 2 BvR 2091/99 of March 31, 2000
- ↑ Henning Moelle came to the conclusion in 1995 in his dissertation The Constitutional Resolution under Article 146 of the Basic Law that a further decisive deepening of European integration is currently (1995) constitutionally only possible by applying Article 146 of the Basic Law (p. 231). The dissertation was published by Schöningh in 1996 ( ISBN 978-3506733771 ).
- ↑ BVerfG, 2 BvR 987/10 of September 7, 2011
- ^ "The Basic Law hardly allows more Europe" , FAZ from 25 September 2011.
- ↑ Announcement of the blank voting dates by the Swiss Federal Chancellery .
- ↑ Current procedural regulations Mehr Demokratie eV provides a constantly updated overview of the quorums.
- ↑ However, these countries require a very high quorum of signatures of 10% or approx. 13.2% of the eligible voters for the referendum leading to the referendum.
- ↑ If the citizenship unanimously approves the amendment of the constitutional articles concerned, the referendum does not apply.
- ↑ If the referendum takes place at the same time as an election, it is considered accepted if it receives the majority of yes votes and at least as many votes have been cast as the simple majority of the Hamburg citizenship of votes received in the last election. If the referendum does not take place on an election day, an approval quorum of 20% applies.
- ↑ The referendum is considered to have been accepted if it receives a qualified majority (2/3 majority) of the yes votes and at least as many votes have been cast as the qualified majority of the Hamburg citizenship of votes received in the last election. The referendum must take place on an election day.
- ↑ a b In addition to an application, a popular initiative containing a draft law can also be used as a preliminary stage to a popular initiative and referendum.
- ↑ The referendum will only take place in the parts of the country affected by the reorganization.
- ↑ If the rejection prevails in one of the affected parts of the country, the reorganization can still be carried out if a qualified majority (2/3 of the voters) votes in favor in the other parts of the country; unless a qualified majority (2/3 of all voters) is against the reorganization in the entire voting area.
- ↑ Feeling is Everything Der Spiegel, April 30, 1958.
- ↑ A referendum made it socially acceptable Parliament, January 3, 2011.
- ^ Wolfgang Mück: Nazi stronghold in Middle Franconia: The völkisch awakening in Neustadt an der Aisch 1922–1933. Verlag Philipp Schmidt, 2016 (= Streiflichter from home history. Special volume 4); ISBN 978-3-87707-990-4 . Pp. 99-111.
Web links
- More democracy e. V.
- OMNIBUS for Direct Democracy non-profit GmbH
- German Institute for Material Direct Democracy e. V.
- Research center for citizen participation and direct democracy at the Philipps University of Marburg
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