Right of initiative (legislative)

As a right of initiative is called the right of organs of a State, an institution of the legislature (legislative ) - to submit a bill to a vote - in direct democracies, the right of every citizen.

Germany

In Germany have Bundestag, the Bundesrat ( with Comments by the Government ) and Federal Government (with the position of the Bundesrat ) the right of initiative. The Bills are - regardless of who has taken the legislative initiative - in the Bundestag advise in the first, second and third reading and then put to the vote. If the draft is adopted, it must then, if necessary, be put to a vote and the Bundesrat.

Austria

In Austria, there are four ways to set the legislative process in the National Council in response:

  • The Federal Government may propose a draft law ( Government Bill )
  • At least five members or a committee of the National Council may table a motion
  • At least one third of the members of the Federal Council may address a request to the National
  • At least 100,000 voters, or at least, a sixth share of the electorate of three states can bring a draft law on a referendum in the National Council for treatment.

In no case, not even the referendum, the National Council is bound by the recommendation. It can be changed in any direction or not decided.

Switzerland

In political systems with direct democracy the right of initiative belongs to the political rights of citizens at all levels:

  • Municipality
  • Canton
  • Waistband

Liechtenstein also knows the right of initiative both at the local as well as at the state level.

See also: Political system of Switzerland.

European Union

In the law of the European Union, the European Commission has the sole right of initiative in almost all areas of responsibility. In the common foreign and security policy, the right of initiative, however, the High Representative of the EU stands for Foreign Affairs and Security Policy ( EU foreign ministers also called ) and the Member States. In the police and judicial cooperation in criminal matters, the right of initiative between the Commission and Member States share (Art. 76 TFEU). The Council of the European Union and the European Parliament may invite the Commission to submit a proposal. The same right is since the Treaty of Lisbon and Union citizens to under the European Citizens' Initiative.

Employee participation

Within the framework of codetermination one speaks of the right of initiative, if the works according to the Works Constitution Act in certain areas has not only the right to respond to actions of the employer, but even to make design proposals or engage in the decision-making process. This initiative is the works council to in all areas where the law specifically an agreement between the employer and the works council and the failure of the agreement provides for the decision of an arbitration committee. Focus of the participation form the social affairs in § 87 Section 1 of WCA. The works council may use the right of initiative, for example, in the following manner:

  • Proposing a new operational control. Example: The council proposes instead of fixed working hours prior to the introduction of flexible working hours.
  • Amending existing rules. Example: The Works announces an existing operating agreement and submit a new proposal for an operating agreement.
  • First introduction of an occupational scheme. Example: The works the first time proposes a parking fine, a ban on smoking or principles for employee suggestion system.

In all these areas the agreement requirement applies. The employer must engage in a negotiation and an agreement on the proposals of the Works. He refuses to do so, the council can bring about a decision of the arbitration committee.

Bill (law) Bundesrat of Germany Bylaw Statute
262048
de