People's legislation in Bavaria
The popular legislation is in Bavaria a mix of representative democracy and elements of direct democracy to the legislation on the state level . It is exercised through the instruments of a referendum and referendum . The state constitution does not provide for a purely representative democracy, but rather places the two legislative authorities side by side in Art. 72: The laws are passed by the state parliament or by the people (referendum).
With the help of a referendum, the people can introduce a bill to the Bavarian State Parliament ( legislative initiative ). To do this, a tenth of the citizens entitled to vote must support the request. If the state parliament rejects the draft law, a referendum has to be made. Furthermore, constitutional amendments decided by the state parliament require the approval of the people. The people's legislation thus represents a corrective to legislation by parliament.
In addition to the popular legislation through petitions and referendums which includes direct democracy in Bavaria as a further means in particular citizen initiatives and referendums at the local level. These procedures were even introduced through popular legislation. In addition, the state parliament can be recalled by a referendum.
Legal basis
The basis for referendums and referendums are Art. 71 ff. Of the Constitution of the Free State of Bavaria (BV). Art. 72 para. 1 BV contains the principle: The laws are passed by the state parliament or by the people (referendum). Details are regulated by the state election law, Art. 62 ff. LWG , as well as by the state election regulations (LWO) .
However, referendums on the state budget are excluded ( Art. 73 BV). The state parliament also reserves the right to approve state treaties ( Art. 72 para. 2 BV).
Referendum
According to Article 71 of the Bavarian Constitution, the people can introduce a bill to the state parliament by means of a referendum. Usually this is the preliminary stage to a referendum. If the state parliament does not accept a bill so submitted, the people will vote on the bill.
Request
The approval of a referendum must be requested from the Bavarian Ministry of the Interior . The application must be signed by 25,000 citizens entitled to vote and include a draft law with justification, which should be the subject of the referendum. The signatures can be collected freely and there is no deadline. Eligibility to vote must be confirmed by the municipalities; this may not date back more than two years.
The Ministry of the Interior examines the referendum for its admissibility. If the Ministry of the Interior does not consider the legal requirements for the approval of the referendum to be met, the Bavarian Constitutional Court decides on approval .
registration
If the referendum has been approved, at least 10% of those entitled to vote must register in the registration lists that are on display in offices within a period of 14 days.
| 2013 | 2018 | 2019 | |
|---|---|---|---|
| Citizens entitled to vote in Bavaria |
9,442,013 | 9,478,000 | about 9.5 million |
For this, the Ministry of the Interior announces the period for the entry. The announcement must be made no later than six weeks after the submission of the complete application or no later than four weeks after the decision of the Constitutional Court. The registration period begins between eight and twelve weeks after the announcement.
The result of the entry is determined by the state election committee. If more than 10% of those entitled to vote have registered, a legally valid referendum has been submitted.
Treatment in the state parliament
For a legally valid referendum, the Bavarian State Government must submit its opinion within four weeks and submit the request to the state parliament. The state parliament must deal with the referendum three months later at the latest.
The state parliament can deal with the referendum in three ways:
- He accepts the bill of the referendum unchanged, so that this becomes law.
- If he rejects the referendum, a referendum on the draft law takes place within three months. The state parliament can submit its own draft law as an alternative to the people for voting.
- The state parliament disputes the legal validity of the referendum. The signatories can appeal against this decision to the Bavarian Constitutional Court .
Previous referendums
Since 1946, 21 plebiscites have been approved in Bavaria, nine of which were able to achieve the necessary registration of at least 10% of those eligible to vote. Five of these proposals were subsequently adopted as law - at least in their essential content.
The referendum on freedom of broadcasting from 1972 was the first to have largely unchanged legal force. The state parliament initially contested the legal validity of the referendum. However, there were no proceedings before the Bavarian Constitutional Court on this issue, as the CSU majority in the state parliament finally approved a compromise proposal that fulfilled the essential demands of the initiators of the referendum. Thus, the state parliament decided to amend the constitution, which largely corresponded to the popular initiative. This constitutional amendment was later approved by the people in a referendum.
The referendum to abolish tuition fees in 2013 was so far the only one that was accepted unchanged by the state parliament. Of the other legally valid referendums, for which the state parliament submitted its own draft legislation in addition to the referendum on the protection of non-smokers from 2009, three have so far also been successful in the referendum: In addition to the protection of non-smokers, these were the referendum for the introduction of a municipal referendum in 1995 and the referendum of 1997 for the abolition of the Bavarian Senate .
| No. | password | Registration deadline | Entries | legally valid? | Parliament | Referendum | Law? | ||
|---|---|---|---|---|---|---|---|---|---|
| No. | date | Yes votes | |||||||
| 1 | Christian community school | 01/02/1967 - 01/30/1967 | 9.3% | No | - | - | No | ||
| 2 | Christian community school | 10/03/1967 - 10/30/1967 | 12.9% | Yes | Rejection | 2 | 7th July 1968 | 13.5% | No |
| 3 | CSU Christian elementary school | 10/16/1967 - 11/13/1967 | 17.2% | Yes | Rejection | 2 | 7th July 1968 | 8.5% | No |
| 4th | Democratic territorial reform | 11/10/1971 - 11/23/1971 | 3.7% | No | - | - | No | ||
| 5 | Broadcasting freedom | 06/27/1972 - 07/10/1972 | 13.9% | Yes | Legal validity disputed |
- | July 1, 1973 | - | yes, by compromise |
| 6th | Freedom of learning materials | 10/13/1977 - 10/26/1977 | 6.4% | No | - | - | No | ||
| 7th |
Sports, handicapped and nature conservation organizations in the Senate |
11/22/1977 - 12/5/1977 | 5.9% | No | - | - | No | ||
| 8th | The better garbage concept | 06/15/1990 - 06/28/1990 | 12.8% | Yes | Rejection | 7th | February 17, 1991 | 43.5% | No |
| 9 |
More democracy in Bavaria: referendums in communities and districts |
02/06/1995 - 02/19/1995 | 13.7% | Yes | Rejection | 8th | October 1, 1995 | 57.8% | Yes |
| 10 | Lean state without a Senate | 06/10/1997 - 06/23/1997 | 10.5% | Yes | Rejection | 11 | February 8, 1998 | 62.2% | Yes |
| 11 | GMO-free from Bavaria | 04/24/1998 - 05/07/1998 | 4.9% | No | - | - | No | ||
| 12 | The better school reform | 02/15/2000 - 02/28/2000 | 5.7% | No | - | - | No | ||
| 13 |
Power needs control: for an independent constitutional court in Bavaria |
05/09/2000 - 05/22/2000 | 3.0% | No | - | - | No | ||
| 14th | Human dignity yes, never human cloning! | May 22, 2003 - June 4, 2003 | 2.3% | No | - | - | No | ||
| 15th | For the love of the forest | 11/16/2004 - 11/29/2004 | 9.3% | No | - | - | No | ||
| 16 | Popular initiative G 9 | 06/14/2005 - 06/27/2005 | 2.4% | No | - | - | No | ||
| 17th | For health care in mobile communications | 07/05/2005 - 07/08/2005 | 4.3% | No | - | - | No | ||
| 18th | For real non-smoker protection! | November 19, 2009 - December 2, 2009 | 13.9% | Yes | Rejection | 14th | 4th July 2010 | 61.0% | Yes |
| 19th | No to tuition fees in Bavaria | January 17, 2013 - January 30, 2013 | 14.3% | Yes | adoption | - | Yes | ||
| 20th | Yes to the freedom of choice between G9 and G8 in Bavaria | 07/03/2014 - 07/16/2014 | 2.9% | No | - | - | No | ||
| 21st | Biodiversity & natural beauty in Bavaria (in short: save the bees! ) | January 31, 2019 - February 13, 2019 | 18.4% | Yes | adoption | - | Yes | ||
| 22nd | Referendum "6 years rent stop" | xx.xx.2020 - xx.xx.2020 | -% | adoption | - | ||||
- ↑ In terms of content, referendum No. 4 largely agreed with the referendum, but it affected the constitutional amendment to the compromise proposal passed by the state parliament. 87.1% of those who voted agreed (see section Previous referendums ).
Referendum
In a referendum, the Bavarian citizens entitled to vote vote on a draft law. This occurs either on the basis of a referendum or the confirmation of a constitutional amendment decided by the state parliament.
Referendum on the basis of a referendum
If the state parliament does not approve the bill of a legally valid referendum, a referendum will take place within three months.
The state parliament can submit its own counter-draft for voting. Multiple alternatives on the same subject are listed on the same ballot.
You can vote “yes” or “no” to any draft law. Voting expresses whether or not one prefers this draft to current law. If there are several alternatives to vote, a key question is also asked.
A draft law is accepted if it receives more valid yes votes than no votes (simple majority). If the draft includes a constitutional amendment, a quorum of approval must also be met. To do this, the number of yes votes must include at least 25% of all eligible voters.
If several alternative proposals receive the necessary approval in this way, the legislative proposal is adopted, which receives a simple majority on the key question.
Referendum on constitutional amendments by the state parliament ( Art. 75 BV)
All amendments to the Bavarian constitution that were passed by the state parliament with a 2/3 majority must also be submitted to the people for a vote. A adopted constitutional amendment is accepted by the people if it receives more yes than no votes (simple majority). In these cases there is no approval quorum.
Previous referendums
A total of 19 referendums have taken place in Bavaria since 1946, including the vote on the constitution of the Free State of Bavaria . Of the rest, nine decisions were necessary on the basis of Art. 75 BV, since a constitutional amendment passed by the Landtag had to be confirmed by the people; the people agreed in each case. Five votes were based on petitions that the state parliament did not approve. The referendum of July 7, 1968 was a combination of both. In three cases, the legislative proposal of the popular initiative was accepted (municipal referendum, abolition of the Senate and protection of non-smokers), otherwise the proposal of the state parliament (school articles or waste law).
Referendums which have been initiated or are imminent by popular legislation are highlighted in the table.
| No. | password | date | voter turnout | Bill of | Yes votes | Vote no |
|---|---|---|---|---|---|---|
| 1 | Bavarian Constitution | December 1, 1946 | 75.7% | State constituent assembly | 70.6% | 29.4% |
| 2 | School items | 7th July 1968 | 40.7% | Landtag (constitutional amendment) | 76.3% | 3.3% |
| Popular initiative "CSU Christian elementary school" (No. 3) | 8.5% | 15.4% | ||||
| Popular initiative "Christian Community School" (No. 2) | 13.5% | 13.7% | ||||
| 3 | Reduction of the age limit for active and passive voting rights | May 24, 1970 | 38.3% | Landtag (constitutional amendment) | 54.8% | 45.2% |
| 4th | Broadcasting freedom (Art. 111a BV) | July 1, 1973 | 23.3% | Landtag (constitutional amendment) | 87.1% | 12.9% |
| 5 | State election rights (electoral district division, five percent clause) | July 1, 1973 | 23.3% | Landtag (constitutional amendment) | 84.8% | 15.2% |
| 6th | environmental Protection | 17th June 1984 | 46.2% | Landtag (constitutional amendment) | 94.0% | 6.0% |
| 7th | Waste law | February 17, 1991 | 43.8% | Parliament | 51.0% | 43.1% |
| Popular initiative "The better waste concept" (No. 8) | 43.5% | 49.2% | ||||
| 8th | Municipal referendum | October 1, 1995 | 36.8% | Parliament | 38.7% | 3.4% |
| Referendum "More Democracy in Bavaria" (No. 9) | 57.8% | |||||
| 9 | Constitutional Reform Act - further development in the area of fundamental rights and state goals | February 8, 1998 | 39.9% | Landtag (constitutional amendment) | 75.0% | 25.0% |
| 10 | Constitutional Reform Act - reform of the Landtag and state government | February 8, 1998 | 39.9% | Landtag (constitutional amendment) | 73.9% | 26.1% |
| 11 | Bavarian Senate | February 8, 1998 | 39.9% | Parliament | 23.6% | 7.1% |
| Referendum "Lean State without Senate" (No. 10) | 69.2% | |||||
| 12 | Meeting of the state parliament after the election, parliamentary information and anchoring of a strict principle of connectivity | September 21, 2003 | 56.9% | Landtag (constitutional amendment) | 88.3% | 11.7% |
| 13 | Further development of electoral principles, fundamental rights and the provisions on community life | September 21, 2003 | 56.9% | Landtag (constitutional amendment) | 85.1% | 14.9% |
| 14th | Nonsmoker protection | 4th July 2010 | 37.7% | Popular initiative "For real non-smoker protection" (No. 18) | 61.0% | 39.0% |
| 15th | Promotion of equal living and working conditions | 15th September 2013 | 63.2% | Landtag (constitutional amendment) | 89.6% | 10.4% |
| 16 | Promotion of voluntary work for the common good | 15th September 2013 | 63.2% | Landtag (constitutional amendment) | 90.7% | 9.3% |
| 17th | European Union affairs | 15th September 2013 | 63.2% | Landtag (constitutional amendment) | 84.1% | 15.9% |
| 18th | Debt brake | 15th September 2013 | 63.2% | Landtag (constitutional amendment) | 88.6% | 11.4% |
| 19th | Appropriate funding of the municipalities | 15th September 2013 | 63.2% | Landtag (constitutional amendment) | 91.6% | 8.4% |
See also
Web links
- Information from Bayer. Ministry of the Interior on referendums and referendums
- Bavarian State Parliament: People's legislation
- Bavarian State Office for Statistics: Referendums and referendums
- Otmar Jung: referendums. In: Historical Lexicon of Bavaria (October 13, 2009)
- More democracy e. V .: Citizens' and referendums in Bavaria
Individual evidence
- ↑ Bavarian State Parliament: Legislation ( page no longer available , search in web archives ) Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. , accessed November 25, 2009.
- ↑ Eligible voters, table for the state elections 1946-2013, wahlen.bayern.de .
- ↑ Press release of the State Office for Statistics, figures for the state elections on October 14, 2018 .
- ↑ www.wahlen.bayern.de: Overview of referendums .
- ↑ Sebastian Lindmeyr: The amendment of the Bavarian Broadcasting Act 1972 and its consequences. In: Markus Behmer, Bettina Hasselbring (Hrsg.): Radiotag, TV years. Interdisciplinary studies on broadcasting history after 1945. LIT Verlag, Münster, 2006 ( online at GoogleBooks ).
- ↑ Popular initiative in Bavaria 2014 (PDF; 590 kB) Bavarian State Office for Statistics and Data Processing , August 2014, accessed on October 20, 2014 .
- ↑ Referendum "Biodiversity & Natural Beauty in Bavaria" - Preliminary result. www.wahlen.bayern.de, February 14, 2019, accessed on February 14, 2019 .
- ↑ Overview of the Bavarian State Statistical Office of the results of all referendums since 1946 .
- ↑ Historical Lexicon of Bavaria : Overview of referendums and constitutional referenda 1924-2005 , accessed on November 10, 2010.
- ↑ Referendum 1: "Promotion of equal living and working conditions". (PDF; 194 kB) In: www.wahlen.bayern.de. Bavarian State Office for Statistics and Data Processing , July 2, 2013, accessed on August 28, 2013 .
- ↑ a b c d e The Regional Returning Officer of the Free State of Bavaria: " Referendum from September 15, 2013 on the changes to the Constitution of the Free State of Bavaria decided by the Bavarian State Parliament - Preliminary result -: State of Bavaria ", in volksentscheide2013.bayern.de , as of 18. September 2013, 1:05 pm; Retrieved September 19, 2013.
- ↑ Referendum 2: “Promotion of voluntary work for the common good”. (PDF; 192 kB) In: www.wahlen.bayern.de. Bavarian State Office for Statistics and Data Processing, July 2, 2013, accessed on August 28, 2013 .
- ↑ Referendum 3: "Affairs of the European Union". (PDF; 198 kB) In: www.wahlen.bayern.de. Bavarian State Office for Statistics and Data Processing, July 2, 2013, accessed on August 28, 2013 .
- ↑ Referendum 4: "Debt brake". (PDF; 201 kB) In: www.wahlen.bayern.de. Bavarian State Office for Statistics and Data Processing, July 2, 2013, accessed on August 28, 2013 .
- ↑ Referendum 5: “Appropriate funding of the municipalities”. (PDF; 200 kB) In: www.wahlen.bayern.de. Bavarian State Office for Statistics and Data Processing, July 2, 2013, accessed on August 28, 2013 .
