Popular initiative (Germany)

The popular initiative is an instrument of direct democracy in Germany . Its name is derived from the so-called right of initiative , i.e. the right to introduce proposals and draft laws in a parliament for the purpose of passing resolutions. In Baden-Wuerttemberg and Saxony the procedure is called a popular proposal , in Bremen and Thuringia a citizen proposal . In order to make a popular initiative a success - in other words, to be dealt with in parliament - the initiators have to submit a specified number of signatures from supporters who are entitled to vote, usually within a certain period of time. Parliament then has to deal with the proposal in plenary , but is free to decide whether to approve or reject the proposal.

Even if there is no such instrument in Austria with the name of a popular initiative , the content of the popular initiative (Austria) corresponds to this procedure.

There are popular initiatives in Germany in various forms (see section Definition of Terms ), but not in all countries and not at the federal level (see section Framework conditions in Germany ).

Meaning of the term

The term popular initiative is used in German-speaking countries with different meanings and describes several, sometimes very different procedures.

The popular initiative as an independent procedure (non-binding popular petition)

In many German states (Berlin, Mecklenburg-Western Pomerania, Lower Saxony, Rhineland-Palatinate, North Rhine-Westphalia and Saxony-Anhalt) the term "people's initiative" is used for an independent process of citizen participation. The factually correct - but actually only officially used in Hamburg - expression for this form of popular initiative is people's petition . The citizens' application in Bremen and Thuringia corresponds to this design of the popular initiative.

Once a certain number of signatures have been reached, the procedure necessarily leads to a treatment in parliament, but it is non-binding and therefore not to be confused with a popular initiative / a petition for a referendum as the first procedural stage of popular legislation . The procedure ends after the decision in the state parliament, which has the last word.

The popular initiative as part of referendums

Direct popular initiative

In Switzerland, the popular initiative is part of the two-tier popular legislation and a central instrument in the political organization of society. One speaks of a direct popular initiative because it forms the immediate preliminary stage for the referendum.

Indirect popular initiative

In several German states, the popular initiative is part of the three-stage popular legislation and is the first step in the overall referendum procedure . If a popular initiative is dealt with in parliament and not accepted by it, the initiators can pursue their concerns as a referendum . One speaks of an indirect popular initiative because it only leads to a referendum via the intermediate step of a successful referendum. The popular motion in Saxony corresponds to the indirect popular initiative.

Comparable procedures

In the German states of Bremen and Thuringia, there is the instrument of the citizen application . In terms of the procedure, it corresponds to an independent popular initiative. In Saxony there is the instrument of the popular motion , which is an obligatory part of a referendum there and thus equates to an indirect popular initiative.

Conditions of use

In addition to a quorum of signatures and, if necessary, a deadline, popular initiatives are subject to a number of other restrictions.

Topic exclusion

In principle, the subject of a popular initiative must fall within the competence of the relevant regional authority . For example, a popular initiative in a federal state cannot aim to amend a federal law. In addition, a popular initiative must not contradict the free-democratic basic order of the Federal Republic of Germany or the constitutional order of the respective federal state. A popular initiative, for example to introduce the death penalty or to abolish the state constitutional court, is therefore not permitted in any case.

In addition to these general restrictions resulting from the basic democratic order, other topics are excluded from the popular initiative in some federal states. These mostly include the household , salaries and pensions as well as state taxes .

Registration option

In order to support a popular initiative in Germany, citizens who are entitled to vote must personally enter their name, address and signature, sometimes also with the date of birth and / or the date of signature on the relevant forms . Only physically handicapped persons or those otherwise prevented from signing by hand may delegate the entry in the form to someone. In order to check the eligibility of the undersigned to vote, the information is compared with the municipal registration registers . The forms will be destroyed after the popular initiative has been concluded, regardless of the outcome of the proceedings.

The specifications for the design of the forms, which information must be included and whether only one person per form (signature sheet) or several persons per form (signature list) can be entered, differ significantly depending on the regional authority. In some federal states there is also the possibility that signatories can opt out again before submitting the popular initiative. The initiators of a popular initiative are responsible for the correct design of the forms. The signatures can be obtained in all federal states in the so-called free collection , ie citizens can enter themselves in the forms "on the street" and express their support.

Procedural costs

The costs for the production and, if necessary (for official registration) distribution of the forms to the registration offices are borne by the initiators of the popular initiative. All other expenses (comparison with registration registers, examination and notification) are borne by the state treasury.

Process closure

A successful popular initiative ends with deliberations and resolutions in the plenary session of parliament. The parliament is usually given a deadline of several months after the official establishment of the popular initiative.

If the popular initiative is part of the three-stage popular legislation, the initiators have the opportunity to pursue their concerns - even in a modified form - with a referendum after a rejection by parliament.

In some federal states, failed popular initiatives - e.g. B. too few signatures obtained - can be sent to the respective petitions committee for consideration by parliamentary decision or request of the initiators .

Framework conditions in Germany

The popular initiative as an independent process
Local authority	regulated in	Topic exclusion	Quorum of signatures	Collection period
Baden-Württemberg Baden-Württemberg	Art. 59 para. 2 of the state constitution ; Sections 42–48 of the Referendum Act	no topic exclusion	0.5%	1 year
Berlin Berlin	Art. 61 of the state constitution ; Sections 1–9 of the Voting Act	no topic exclusion	20,000	6 months retrospectively from submission
Berlin Berlin	Main article : People's legislation in Berlin
Lower Saxony Lower Saxony	Art. 47 of the state constitution ; Sections 3–11 of the Referendum Act ; 62b – c (PDF; 842 kB) of the state parliament's rules of procedure	no topic exclusion	70,000	1 year
North Rhine-Westphalia North Rhine-Westphalia	Art. 67 of the state constitution ; §§ 1–5 of the VIVBVEG; § 1 of the implementing regulation for the VIVBVEG	no topic exclusion	0.5%	1 year retrospectively from the submission
Rhineland-Palatinate Rhineland-Palatinate	Art. 107, 108a of the state constitution ; Section 60g – h of the State Election Act; Sections 73–74 of the state election regulations	Financial issues, tax laws, pay regulations	30,000	1 year retrospectively from the submission
Saxony-Anhalt Saxony-Anhalt	Art. 80 of the state constitution ; Sections 4–9 (PDF; 44 kB) of the Referendum Act	no topic exclusion	30,000	no deadline

The indirect popular initiative as part of a referendum
Local authority	regulated in	Topic exclusion	Quorum of signatures	Collection period
Brandenburg Brandenburg	Art. 22 of the state constitution ; Sections 4–12 of the Referendum Act	State budget, salaries and pensions, taxes and personnel decisions	20,000 (150,000 if new elections are requested)	1 year retrospectively from the submission
Hamburg Hamburg	Art. 50 of the Constitution of the Free and Hanseatic City of Hamburg ; §§ 2–5 of the Referendum Act	Federal Council initiatives, budgets, levies, tariffs for public companies, salaries and pensions	10,000	6 months
Hamburg Hamburg	Main article : People's legislation in Hamburg
Mecklenburg-Western Pomerania Mecklenburg-Western Pomerania	Art. 59 of the state constitution ; §§ 7-10 of the Referendum Act; Sections 1–8 of the Implementing Ordinance for the VaG	State budget, taxes, salaries	15,000	no deadline
Schleswig-Holstein Schleswig-Holstein	Art. 41 of the state constitution ; Sections 5–10 of the Referendum Act	State budget, salaries and pensions, public charges	20,000	1 year retrospectively from the submission

Local authorities without popular initiative
Local authority	comparable procedure	regulated in ...	Topic exclusion	Quorum of signatures	Collection period
Bavaria Bavaria	There is no procedure comparable to the popular initiative, but citizens can introduce bills to the state parliament by means of a referendum.
Bavaria Bavaria	Main article : People's legislation in Bavaria
Bremen Bremen	Citizen application	Art. 87 of the state constitution ; Sections 1–7 of the Citizens' Application Act	Budget, remuneration and pensions, taxes and personnel decisions	5,000	no deadline
Hesse Hesse	There is no procedure comparable to the popular initiative, but citizens can introduce bills to the state parliament by means of a referendum.
Saarland Saarland	There is no procedure comparable to the popular initiative, but citizens can introduce bills to the state parliament by means of a referendum.
Saxony Saxony	Popular motion	Articles 70–71 and 73 of the state constitution ; Sections 3–15 of the VVVG	Tax, salary and budget laws	40,000	no deadline
Thuringia Thuringia	Citizen application	Art. 82 (PDF; 6.1 MB) of the state constitution ; Sections 7–8 of the Act on Procedure for Citizens' Applications, Referendums and Referendums	no topic exclusion	50,000	6 months
Federal Republic of Germany	At the national level in Germany there is no possibility for citizens to bring any kind of submission directly into the Bundestag.

literature

Hans Herbert von Arnim : About the beautiful appearance of democracy. Politics without responsibility - bypassing the people ; Munich: Droemer Verlag, 2000, 391 pages, ISBN 3-426-27204-0 .
Frank Rehmet: Volksbegehrensbericht 2012 by Mehr Demokratie eV , Berlin 2013.

Web links

Individual evidence

↑ ^a ^b A successful but rejected popular initiative that contains a draft law can be used as an indirect popular initiative for a referendum.
↑ A citizen application can also be submitted for the city of Bremen, see resident application .
↑ The referendum is a compulsory part of the referendum in Saxony and thus in fact corresponds to an indirect referendum.

[begehr-1] A successful but rejected popular initiative that contains a draft law can be used as an indirect popular initiative for a referendum.

[2] A citizen application can also be submitted for the city of Bremen, see resident application .

[3] The referendum is a compulsory part of the referendum in Saxony and thus in fact corresponds to an indirect referendum.