Popular action

from Wikipedia, the free encyclopedia

A popular action is an application made by citizens entitled to vote to monitor norms in Hesse . A law or a statutory ordinance is submitted to the State Court for examination of its constitutionality. In order for a referendum to come about, one percent of the citizens entitled to vote must support it with their signature. The public action is anchored in Article 131, Paragraph 2 of the Hessian state constitution (HV).

Hessen is the only federal state in Germany that knows this form of norm control. Since the popular complaint affects legislation and requires a quorum of signatures , it is counted among the instruments of direct democracy in the broader sense .

The Hessian people's lawsuit should not be confused with the popular lawsuit in Bavaria .

Application example

On June 22, 2007, 78,721 citizens entitled to vote submitted a review of the law on the introduction of tuition fees in Hesse as part of the "For Solidarity and Free Education" initiative , which clearly exceeded the required signature quorum of one hundredth of those eligible to vote (= 43,308 citizens) . The plaintiffs were: Mike Josef , Stefan Körzell , Prof. Dr. Franz Segbers , Janwillem van de Loo, Bianca Hildenbrand, Hans Kroha, Carmen Lu and Angelika Wahl. With the public complaint, the State Court of Justice was asked to examine whether the law in question violates Art. 59 (HV), which provides for free instruction at all schools in Hesse. In its judgment of June 11, 2008, the State Court of Justice came to the conclusion with six to five judges' votes that this was not the case and that the law was therefore constitutional.

Individual evidence

  1. ↑ Art. 131 HV
  2. ^ For solidarity and free education , website of the initiative; The form ( memento of the original from January 26, 2007 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.fuer-solidaritaet-und-frei-bildung.de
  3. ↑ A good 79,000 signatures for public action , faz.net , June 22, 2007.
  4. ↑ Art. 59 HV
  5. ↑ StGH Hessen, judgment of June 11, 2008, Az.P.St. 2133, P.St. 2158, full text .
  6. ↑ Jochen Leffers: Campus toll: constitutional judges explain tuition fees in Hessen admissible , Spiegel Online , June 11 of 2008.

See also