Optional referendum

The optional referendum is a special form of the referendum and an instrument of direct democracy. It should enable citizens to vote in a plebiscite or a referendum on a previously decided already in the elected political representation template. For a successful facultative referendum the collection of a certain number of signatures voter in a specified period after the decision is necessary.

Especially in Switzerland, it is an essential and important component in the realization of semi-direct democracy. In Germany, there to have it checked in a referendum for citizens in the state of Hamburg the possibility of Parliament decisions on laws adopted by the people on the path of an optional referendum. After prevailing in Austria understanding of the term is understood under facultative referendum any non-compulsory referendum, regardless of whether it is initiated by the Parliament or by the population. By the Parliament einleitbare optional referendums at the federal level there is and in all federal states. By population initiatable optional referendums are provided at the state level in the provinces of Burgenland, Lower Austria, Styria, Tyrol and Vorarlberg as well as at the community level in the provinces of Burgenland, Styria and Vorarlberg.

Etymology

The German word referendum is a foreign word from Latin and is composed of the prefix re " back " and the verb ferre " carry, bring " together. In a referendum to decide on a political subject that is on the chosen representation is (parliament ) " returned " to the sovereign " carried back " (the people ) or. The adjective derives from the Latin noun optional facultas "possibility" from.

In a facultative referendum so the possibility is created again by the presentation of an elected representative (parliamentary or government ) decision made the sovereign ( the people ).

Switzerland

Method

Under Article 141 of the Federal Constitution of 1999 50,000 voters or eight cantons can demand a referendum on this decision within the referendum deadline of 100 days after the publication of certain resolutions adopted by Parliament. If you begin with the collection of signatures, this is called launch a referendum. Only when the required number of signatures is matched, the referendum has come about. The decision shall thereupon enter - with the exception of urgent federal laws - only enter into force when it has been approved in the referendum.

If an optional referendum by the cantons taken, it is also designated as Canton referendum.

Eligible referendum decisions

The optional referendum subject to the following types of decisions:

• Federal laws
• Urgent federal laws whose validity exceeds one year
• Certain legally defined types of federal decrees
• Certain international treaties: perpetual and irredeemable accessions to international organizations
• Contracts that contain important legal means of provisions and their implementation requires the enactment of federal legislation.

These provisions apply only at the federal level; in the cantons and municipalities exist further referendum rights, for example through public expenditure ( financial referendum).

Vote

In the referendum as opposed to a mandatory referendum is one of only a popular majority, the majority of the cantons ( cantons ), however, is not necessary. As with all referendums in Switzerland referendum decides in the facultative always the simple majority quorums thus do not apply.

History

The referendum spread first in the cantons (eg, in the canton of Zurich since 1869). At the federal government level, the optional referendum by the Federal Constitution of 1874 (Art. 74) has been introduced.

The ratification of the Gottardvertrags from 1909 had sparked wide protests and finally led to the entry of a petition. In the 1921 referendum then the facultative referendum for state contracts has been introduced which are more than 15 years, or at an undetermined time.

The number of required signatures of Swiss citizens voting for an optional referendum was initially 30,000. Due to the massive increase of voters by population growth and by the introduction of women's suffrage (1971 ) was raised in 1977 only about 50,000 valid signatures.

In Switzerland, a referendum Canton is 2003 for the first and so far only time come about. It was related to changes in marriage and family and housing taxation ( so-called " tax package "). The fighting submission was rejected in the referendum of 16 May 2004.

Germany

In Germany exists only in the federal states of Hamburg and Bremen, the possibility to perform an optional referendum (for privatization). In Hamburg, however, this is only for the special case when the citizenship amends or repeals a law passed by the people or the right to vote. Then can demand a referendum on the amending law within 3 months 2.5% of the electorate. This was there in 2008 as a result of the people's initiative - launched " For fair and binding referendums more democracy." So far, this instrument is once come in amending the District Assembly election law in December 2013 application.

Austria

At the federal level, an optional referendum be initiated by the Parliament and requires a previous laws passed by the Parliament. For binding referendums on simple laws of a simple majority of members is required. In constitutional law, there is a minority right of a third of the deputies to initiate a binding optional referendum, which has so far never used. The referendum on 5 November 1978 on the commissioning of the nuclear power plant Zwentendorf was so far the only facultative referendum at the federal level. It has a slim majority of 50.5 % with an overhang of only about 30,000 votes against the nuclear power plant Zwentendorf pronounced.

At the country level, there is in all Austrian federal states, the possibility of an optional referendum if the parliament decides on such referendum. In the five provinces of Burgenland, Lower Austria, Styria, Tyrol and Vorarlberg, a referendum on a known zipping forming state law by a certain number of citizens within a certain period of time may be required. In Lower Austria, Styria, Tyrol and Vorarlberg is also a certain number of municipalities enforce an optional referendum. The previous use of the optional referendum in Austria's federal states, however, is sobering. Initiated by citizens referenda, there were 1956 in Vorarlberg (operating action Prohibition Act ) and 1988 in Burgenland ( objectification Act), each with the law adopted by the parliament rejected. In 1980 there were in Vorarlberg agreed by parliament facultative referendum (strengthening of the country and the communities in the state - "Pro Vorarlberg "), which brought a consent to laws passed by the Parliament.

At the community level, all states except Lower Austria, Upper Austria and Tyrol know the instrument of binding facultative referendum for matters which fall within the scope of municipal autonomy. In all these states can be decided on a referendum by the local council, in Burgenland, Salzburg and Vorarlberg also by the mayor. In Burgenland and Vorarlberg in a referendum on the initiative of citizens has to take place with the proper support. In Styria, a referendum is carried out when a group of citizens reached a support of 25% and not implemented within one year.