Popular initiative (Germany)

Poster for the referendum in Hamburg 2011

The referendum is an instrument of direct democracy in Germany . It enables citizens to introduce a political issue or a draft law into parliament . In order to make a referendum a success - in other words, to be dealt with in a state parliament - the initiators must submit a specified number of signatures from eligible voters within a certain period of time . Although the parliament remains free to decide whether to accept or reject it, the citizens have the opportunity to demand a referendum after a proposal has been rejected . In Germany , the referendum is always the last necessary step to bring about a referendum initiated by the population.

A special form of referendum is the facultative referendum (or more rarely: requests for corrections ). This is always directed against a recent decision by Parliament with the aim of repealing or amending it. For an optional referendum, shorter, shorter deadlines usually apply. However, in Germany there is currently only the possibility of such a correction request at state level in the federal state of Hamburg.

At the local level which corresponds to the petition Bürgerbegehren , the optional referendum (also called "correction desire"), the cashier end Bürgerbegehren corresponds.

In Switzerland , the popular initiative is the procedure comparable to the German popular initiative . Facultative referendums can be found in Switzerland under the same name as in Germany, but they are much more widespread and an integral part of direct democracy in all Swiss regional authorities.

history

According to the Weimar Constitution , a referendum was to be brought about if one tenth of those entitled to vote voted for it in a referendum after a bill had been presented. For the adoption of the bill, the participation of 50 percent of all voters was required in the following referendum. All three plebiscites at the national level, the “ expropriation of princes for the common good”, the “plebiscite against the building of the armored cruiser” and the “referendum against the Young Plan ” failed. Even before the Weimar constitutional deliberations, direct democratic procedures had been included in the state constitutions of Baden , Württemberg and Bavaria . The possibility of recalling the state parliaments by means of a referendum was anchored in most of the state constitutions of the Weimar Republic . In the Free State of Prussia , the steel helmet failed in 1931 with a referendum to dissolve the state parliament.

In practice in the Federal Republic of Germany, direct democratic procedures are weakly developed at the federal level . Article 20 (2) of the Basic Law emphasizes popular sovereignty , but provides for referendums only for the special case of a new area .

When the German federal states were founded after 1945, however, eight state constitutions were adopted by referendum . All state constitutions passed up to 1950 contained direct democratic procedures, eight of which included people's legislation . The later constitutions renounced it. However, the hurdles for people's legislation were raised so high that it was not until 1968 that the first referendum initiated by a referendum was held in Bavaria. Outside of Bavaria there was not a single successful referendum until 1997. In the first decades of the Federal Republic, only the mandatory constitutional referenda in Bavaria and Hesse played a role. From 1989/90, however, a new dynamic set in in the development of direct democracy at the state level. By 1996, the people's legislation was incorporated into all state constitutions. In Bavaria, the popular initiative to introduce a municipal referendum in 1995 and the popular initiative of 1997 to abolish the Bavarian Senate were successful. The legal regulations in the individual countries vary greatly, however, the required quorums as well as deadlines and subject exclusions are of decisive importance . In Bavaria and, more recently, in Berlin and Hamburg , referendums are therefore held in significant numbers, while the hurdles for this are considered difficult to overcome in other countries.

requirements

In Germany, direct democracy in the federal states is usually designed as a three-stage process . The referendum is the second stage of the procedure. It is the first step either a request for a referendum or a popular initiative (in Saxony : popular application called) operating systems. In some federal states, e.g. B. in Mecklenburg-Western Pomerania , on the other hand, the popular initiative is not a mandatory requirement for a referendum.

If a successful referendum is not accepted by parliament, a referendum can follow as the final third stage. The totality of the three procedural steps is referred to as a referendum in Germany . For a referendum to be successful, a certain number of signatures must be collected within a specified period. In the case of the optional referendum, which is only permitted in Hamburg, the quorum of signatures and the deadline are reduced or shortened. The exact procedural rules, e.g. B. the number of signatures to be collected, are regulated differently in each regional authority. In addition to being anchored in constitutional law, referendums are mostly regulated by other simple statutory provisions (a “referendum law” or similar) and in some cases also by associated implementing ordinances (see overview ). If the initiators of a referendum have succeeded in collecting the necessary number of signatures within the specified period, the request is first checked for formal admissibility and then submitted to parliament for discussion. This now has the opportunity to decide whether to accept or reject the referendum within a certain period of time. If the representation rejects the referendum by a majority, a referendum is made. With the exception of Hesse and Saarland, it is possible in all federal states to seek an amendment to the state constitution by means of a referendum. In Berlin and Bremen, increased quorums of signatures apply to these referendums. In some federal states, new parliamentary elections can also be sought by referendum.

Political significance of referendums

Referendum at federal level

At the federal level, a referendum is only possible in Germany in the special case of a reorganization according to Article 29 Paragraphs 4 to 6 of the Basic Law . 10% of those eligible to vote in a “ contiguous, delimited settlement and economic area, parts of which are in several countries and which has at least one million inhabitants ”, demand the establishment of their own federal state. However, such a case has never occurred in the history of the Federal Republic.

The referendum is preceded by a motion that must be signed by at least 1%, but not more than 7,000, of the eligible voters in the affected area. If the referendum is successful, the federal government must either comply with the reorganization request within a period of two years or conduct a referendum in the affected area. If the majority in the referendum agrees with the request for reorganization, the federal government must comply with the request within a further period of two years.

This special referendum at federal level is also part of a three-stage process, but since its subject is limited to a reorganization of the federal territory, it cannot be compared with the processes existing in the federal states. Because the actually common core purpose of a referendum - the introduction of legislative proposals - has so far been excluded in Article 76.1 of the Basic Law. There, the bodies endowed with the right of initiative are finally listed when it says: Bills are introduced to the Bundestag by the Federal Government, from the center of the Bundestag or by the Bundesrat.

Referendum at state level

The importance of referendums varies depending on the federal state due to the widely varying regulations. In federal states such as Hesse or Saarland, there has never been a successful referendum due to the extremely restrictive regulations, and the instrument therefore does not play an active role in state politics. In federal states such as Bavaria (20 plebiscites by the end of 2018), Hamburg (16), Brandenburg (14) and Berlin (10), with significantly less restrictive regulations in comparison, plebiscites are a tried and tested means of state politics that both parties and civil society actors are used to articulate their political concerns.

Admissibility and Procedure

In addition to a quorum of signatures and a deadline, referendums are subject to a whole range of other regulations.

Topic exclusion

In principle, the subject of a referendum must fall within the jurisdiction of the relevant federal state . For example, a referendum in Bavaria cannot aim to amend a law passed by the Bundestag. In addition, a referendum must not contradict the free-democratic basic order of the Federal Republic of Germany or the constitutional order of the respective federal state. A referendum, for example to introduce the death penalty or to abolish the state constitutional court, is therefore in any case inadmissible. In addition to these general restrictions resulting from the basic democratic order, other topics are excluded from a referendum depending on the federal state. These mostly include the household , salaries and pensions as well as public taxes .

Registration option

In order to support a referendum in Germany, citizens entitled to vote (German citizenship) must personally enter their name, address, date of birth and signature on appropriate 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 referendum 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 federal state. In some cases, there is also the possibility that signatories can opt out again before submitting the referendum. The initiators of a referendum are responsible for the correct design of the forms.

In Germany there are basically two possible procedures for citizens to register on the forms. In the so-called free collection , citizens are allowed to sign on “on the street”. At the end of the collection period, the completed forms will be handed over to a state authority for the purpose of checking eligibility for voting. With the so-called official entry , the entry in the forms may only be made in designated locations (mostly town halls or offices ). The signature must be carried out in the presence of a sworn official. A few federal states offer the possibility of expanding the official registration by granting the municipal authorities the competence to independently determine further registration locations (e.g. savings banks and day-care centers). The official registration in particular has been criticized again and again, since the restrictions due to opening times and the sometimes considerable travel to the registration locations - especially in rural areas - represent a high hurdle for citizens willing to sign. The extension of the official registration eliminates this problem only to a limited extent and makes the number of registration offices mostly dependent on the political support of the respective cause by local politicians (mayor).

In addition to the two registration procedures mentioned, in some federal states there is the possibility of letter registration, i.e. the possibility of sending forms completed by hand to the responsible office by post. Occasionally, considerations have been expressed about using the signature function of the new identity card for an Internet entry, but this has not yet been implemented in any federal state.

Procedural costs

The costs for the production and, if necessary (in the case of official registration) distribution of the forms to the registration offices, are borne by the initiators of the popular initiative. In some federal states it is possible to apply for reimbursement of costs for successful referendums. The initiators receive a certain amount in the cent range for each signature found to be permissible to partially cover their expenses. In general, no reimbursement of costs can be requested for failed referendums. All other expenses (comparison with registration registers, examination and notification) are borne by the state treasury.

Process closure

A successful referendum ends with deliberations and resolutions in the plenary session of parliament. The parliament is usually given a period of several months after the official determination of the referendum. If the proposal submitted by the referendum is rejected in parliament, the initiators can apply for a referendum to be carried out within a specified period.

Legal regulations in Germany

Framework conditions for referendums in the Federal Republic of Germany
general		Referendum
Local authority	regulated in	Signature quorum Deadline / type of entry	Topic exclusion
Baden-Württemberg Baden-Württemberg	Art. 59 and 60 of the state constitution ; Sections 27–41 of the Referendum Act	10% 6 months free collection and (3 months within the 6 months) official registration	Tax laws, salary laws , state budget law
Bavaria Bavaria	Art. 71, 72 and 74 of the state constitution ; Art. 63–74 (PDF; 183 kB) of the state election law	10% 14 days of official registration	State budget
Bavaria Bavaria	See also: → People's legislation in Bavaria
Berlin Berlin	Art. 59, 62, 63 of the state constitution ; Sections 10–28 (PDF; 493 kB) of the Voting Act	7% (20% for constitutional amendments) 4 months of free collection and official registration	State budget law, taxes, tariffs of public companies, personnel decisions
Berlin Berlin	See also: → People's legislation in Berlin
Brandenburg Brandenburg	Art. 22 of the state constitution ; Sections 13-25, 56 and 60 of the Referendum Act	80,000 (= 3.8%) or (200,000 if new elections are requested) 6 months official registration	State budget, salaries and pensions, taxes, personnel decisions
Bremen Bremen	Art. 70 and 71 of the state constitution ; Sections 8–21 of the law on the procedure for referendums	5% (10% in the case of constitutional amendments or the demand for new elections) 3 months free collection	Budget, salaries, taxes, duties, fees
Hamburg Hamburg	Art. 50 of the Constitution of the Free and Hanseatic City of Hamburg ; §§ 6–17 of the Referendum Act	5% 21 days of free collection and registration	Federal Council initiatives, budgets, levies, tariffs for public companies, salaries and pensions
Hamburg Hamburg	See also: → People's legislation (Hamburg)
Hesse Hesse	Art. 124 of the state constitution ; Sections 1–15 of the Popular Petition Act	5% 2 months official registration	Budget, tax laws, salary regulations, constitutional amendments
Mecklenburg-Western Pomerania Mecklenburg-Western Pomerania	Art. 60 of the state constitution ; Sections 11–17 of the VaG; Sections 1–8 of the Implementing Ordinance	100,000 (= 7.5%) 5 months free collection	Budget laws, tax laws, salary laws
Lower Saxony Lower Saxony	Art. 48 of the state constitution ; Sections 12–23 of the Referendum Act; Section 62d of the state parliament's rules of procedure	10% 6 months free collection	State budget, public taxes, salaries and pensions
North Rhine-Westphalia North Rhine-Westphalia	Art. 2, 68 and 69 of the state constitution ; Sections 6–21 of the VIVBVEG and the law to facilitate referendums, Sections 2–8 of the VIVBVEG Implementing Ordinance	8% 1 year free collection and (18 weeks within the 1 year period) official registration	Financial issues, tax laws, pay regulations
Rhineland-Palatinate Rhineland-Palatinate	Art. 107–109 of the state constitution ; Sections 61–76 of the State Election Act; Sections 75–83 of the state election regulations	300,000 (= 9.7%) 2 months of free collection and official registration	Financial issues, tax laws, pay regulations
Saarland Saarland	Art. 61, 99 and 100 of the state constitution ; §§ 2–13 of the Referendum Act; §§ 1–7 of the referendum regulations	7% 3 months official registration	financially effective laws, taxes, salaries, state benefits, constitutional articles of parliamentary and people's legislation
Saxony Saxony	Art. 70, 72–74 of the state constitution ; Sections 16-25 of the VVVG	450,000 (= 13.2%) 6–8 months free collection	Tax, salary and budget law
Saxony-Anhalt Saxony-Anhalt	Article 81 of the state constitution ; Sections 10–19 (PDF; 44 kB) of the Referendum Act	9% 6 months free collection	Budget laws, tax laws, salary regulations
Schleswig-Holstein Schleswig-Holstein	Art. 49 of the state constitution ; Sections 11–19 of the Referendum Act	80,000 (= 3.6%) 6 months free collection (official registration)	State budget, salaries and pensions, public charges
Thuringia Thuringia	Art. 81 and 82 (PDF; 6.1 MB) of the state constitution ; Sections 9–18 of the Act on Proceedings for Citizens' Applications, Referenda and Referendums	10% (8%) 4 months (2 months) Free collection (official registration)	State budget, salaries and pensions, taxes and personnel decisions
Germany Federal Republic of Germany	Art. 29 para. 4-6 GG; Section 14 , Section 24 , Section 26 and Section 36 of the Act on the Procedure for Referendums, Referendums and Referendums in accordance with Article 29 (6) of the Basic Law, Sections 1-45 and 93 of the Ordinance on Implementation of the Act in accordance with Article 29 (6) GG	10% of those eligible to vote in the affected area	All questions are excluded except for a reorganization of the federal territory

Current referendum

A list of the referendums can be found on the website of Mehr Demokratie eV

In Bavaria, the referendum "Biodiversity & natural beauty in Bavaria" started under the abbreviation "Save the bees!" On May 18, 2018. The referendum sets itself up with a bill to amend the Bavarian Nature Conservation Act for the preservation of the livelihood of all pollinators, birds, Butterflies and wild animals. The initiator is the Ecological Democratic Party (ÖDP). The Bund Naturschutz (BN) and the Landesbund für Vogelschutz (LBV) initially did not want to support the initiative, but became supporters after the referendum was approved by the Bavarian Ministry of the Interior with an announcement on November 13, 2018. Other supporters include a. the Greens in Bavaria and the Bavarian Beekeepers Association. The registration period lasted from January 31, 2019 to February 13, 2019. 1,745,383 of 9,494,510 citizens entitled to vote have registered, i.e. 18.4%. It is the most successful referendum in Bavaria to date.

In the state of Brandenburg, a referendum against factory farming ran from July 15, 2015 to January 14, 2016, and 80,000 votes were required, which were also achieved.

In Thuringia, a referendum against the planned regional reform of Thuringia in 2018 and 2019 has been prepared. The Thuringian state government decided on January 10, 2017 to take constitutional action against the referendum, as it interfered inadmissibly in budget decisions.

In Saarland, a referendum took place from October 4, 2017 to January 3, 2018 to reintroduce the Abitur after nine years (G9).

In Berlin on August 4, 2017, the initiative for a bicycle referendum presented the nationwide first draft of the RadGesetz. The initiative initiated the referendum 18 months earlier and collected over 100,000 signatures for its first draft law. The ministerial draft is a joint result of the bicycle referendum initiative, ADFC, BUND, the government parliamentary groups and the Berlin Senate Department.

Also in Berlin, the popular initiative “Expropriate Deutsche Wohnen und Co” collected around 15,000 signatures for a petition for a referendum in just two days at the beginning of April 2019.

Pros and cons

For a detailed description see: Direct Democracy

The pros and cons of referendums (and direct democracy in general) have been and are controversial in Germany for many years. It is often argued against referendums that citizens often do not have the necessary specialist knowledge to make qualified decisions on individual factual issues, or that there is a risk that they only serve the special interests of small and well-organized minorities. However, initiators of a referendum often hold press conferences, talk shows, etc. with professionals themselves, which solves the first two problems. Proponents of referendums argue that these promoted public discourse on political issues and deepened citizens' knowledge of specific issues. The inclusion of all eligible voters is rather a protection against special interests and rather a phenomenon of classic lobbyism in parliaments.

literature

Hans Herbert von Arnim : About the beautiful appearance of democracy. Politics without responsibility - past the people , Droemer Verlag, Munich 2000, ISBN 3-426-27204-0 .

Hermann K. Heussner; Otmar Jung (Ed.): Dare more direct democracy. Referendum and referendum: History - Practice - Proposals, With a foreword by Hans-Jochen Vogel . On behalf of the Kuratorium für Mehr Demokratie eV , Olzog Verlag, Munich 1999, ISBN 3-7892-8017-8 .

Sabine Mecking: Citizens will and regional reform. Democracy development and reorganization of state and society in North Rhine-Westphalia 1965–2000 (= Studies on Contemporary History, Vol. 85), Oldenbourg Verlag: Munich 2012, ISBN 978-3-486-70314-6 .

Frank Rehmet; Tim Weber: 2016 referendum ranking by Mehr Demokratie eV , Berlin 2016.

Frank Rehmet: Referendum report 2013 by Mehr Demokratie eV , Berlin 2014.

Web links

Individual evidence

↑ Source: Volksbegehrensbericht 2019, Mehr Demokratie eV: https://www.mehr-demokratie.de/fileadmin/pdf/Volksbegehrensbericht_2019.pdf
↑ Lowered by referendum on constitutional amendment in 2018; previously 20%.
↑ The formulation in the Saarland constitution is the most restrictive in Germany. In fact, almost all plebiscites with financial consequences are inadmissible, including legislative proposals that would result in savings.
↑ Art. 72 of the Saxon Constitution provides that the period is at least 6 months, § 20 VVVG stipulates that the period is a maximum of 8 months.
↑ A referendum is only possible in the case of a reorganization according to Art. 29 Para. 4-6 GG. The referendum does not take place nationwide, but only in the area that is in need of reorganization.
↑ Previous referendums https://www.mehr-demokratie.de/themen/volksbegehren-in-den-laendern/bisherige-volksbegehren/ (always updated)
↑ Christian Sebald: Environmental associations do not want to support popular initiatives to protect bees. In: Süddeutsche Zeitung. May 28, 2018. Retrieved June 14, 2018 .
↑ Popular initiative "Save the bees": Bund Naturschutz participates. November 29, 2018, accessed December 25, 2018 (German).
↑ Referendum on species diversity. Retrieved January 19, 2019 .
↑ Referendum for bees on the way: Registration deadline at the beginning of 2019. In: sonntagsblatt.de. November 17, 2018, accessed November 18, 2018 .
↑ Referendum - Referendum "Biodiversity & Natural Beauty in Bavaria" from January 31 to February 13, 2019 Website of the Land Returning Officer of the Free State of Bavaria, accessed on February 5, 2019
↑ Referendum "Biodiversity & Natural Beauty in Bavaria" (short name "Save the bees!") - Preliminary result (quick reports from the districts). www.wahlen.bayern.de, February 14, 2019, accessed on February 14, 2019 .
↑ Referendums and referendums. www.wahlen.bayern.de, 2019, accessed on February 14, 2019 .
↑ MDR ( Memento from January 12, 2017 in the Internet Archive ), accessed on January 12, 2017
↑ Sr.de: G9 referendum begins in October. (No longer available online.) Archived from the original on August 10, 2017 ; accessed on August 10, 2017 .
↑ Success for the bicycle referendum initiative: Senate presents the first national bicycle law draft . In: Bicycle referendum . ( volksentscheid-fahrrad.de [accessed October 29, 2017]).

[1] Source: Volksbegehrensbericht 2019, Mehr Demokratie eV: https://www.mehr-demokratie.de/fileadmin/pdf/Volksbegehrensbericht_2019.pdf

[2] Lowered by referendum on constitutional amendment in 2018; previously 20%.

[3] The formulation in the Saarland constitution is the most restrictive in Germany. In fact, almost all plebiscites with financial consequences are inadmissible, including legislative proposals that would result in savings.

[4] Art. 72 of the Saxon Constitution provides that the period is at least 6 months, § 20 VVVG stipulates that the period is a maximum of 8 months.

[5] A referendum is only possible in the case of a reorganization according to Art. 29 Para. 4-6 GG. The referendum does not take place nationwide, but only in the area that is in need of reorganization.

[6] Previous referendums https://www.mehr-demokratie.de/themen/volksbegehren-in-den-laendern/bisherige-volksbegehren/ (always updated)

[7] Christian Sebald: Environmental associations do not want to support popular initiatives to protect bees. In: Süddeutsche Zeitung. May 28, 2018. Retrieved June 14, 2018 .

[8] Popular initiative "Save the bees": Bund Naturschutz participates. November 29, 2018, accessed December 25, 2018 (German).

[9] Referendum on species diversity. Retrieved January 19, 2019 .

[10] Referendum for bees on the way: Registration deadline at the beginning of 2019. In: sonntagsblatt.de. November 17, 2018, accessed November 18, 2018 .

[11] Referendum - Referendum "Biodiversity & Natural Beauty in Bavaria" from January 31 to February 13, 2019 Website of the Land Returning Officer of the Free State of Bavaria, accessed on February 5, 2019

[12] Referendum "Biodiversity & Natural Beauty in Bavaria" (short name "Save the bees!") - Preliminary result (quick reports from the districts). www.wahlen.bayern.de, February 14, 2019, accessed on February 14, 2019 .

[13] Referendums and referendums. www.wahlen.bayern.de, 2019, accessed on February 14, 2019 .

[14] MDR ( Memento from January 12, 2017 in the Internet Archive ), accessed on January 12, 2017

[15] Sr.de: G9 referendum begins in October. (No longer available online.) Archived from the original on August 10, 2017 ; accessed on August 10, 2017 .

[16] Success for the bicycle referendum initiative: Senate presents the first national bicycle law draft . In: Bicycle referendum . ( volksentscheid-fahrrad.de [accessed October 29, 2017]).