Bürgerbegehren und Bürgerentscheid in der Gemeinde; Durchführung

The "citizens' petition and referendum" instruments introduced in Bavaria in 1995 enable citizens to decide directly on many municipal matters.

A referendum has the effect of a municipal council resolution.

Citizens' petitions/referendums are only permitted on matters within the municipality's own sphere of influence. Excluded from this are matters that are the responsibility of the first mayor by law, issues relating to the internal organization of the municipal administration, the legal relationships of municipal council members, the mayor and municipal employees and the budget statutes.

The citizens' petition must be submitted to the municipality and contain a question to be decided by a "yes" or "no" vote as well as a statement of reasons. It must also name up to three people who are authorized to represent the signatories. Depending on the size of the municipality, the petition must be signed by at least 3% to 10% of the municipality's citizens.

If there are no legal objections to the petition, the municipal council must determine its admissibility; a referendum must be held. In a referendum, the question posed is decided in the sense that it has been answered by the majority of valid votes cast. This majority must

• at least 20% in municipalities with up to 50,000 inhabitants,
• up to 100,000 inhabitants at least 15 % and
• at least 10 % in municipalities with more than 100,000 inhabitants

of those entitled to vote (i.e. the members of the municipality entitled to vote).

You can find out more from your municipality.

After the petition for a referendum has been submitted, the municipal council must decide on the admissibility of the petition for a referendum without delay, but at the latest within one month.

Once admissibility has been established, the referendum must be held on a Sunday within three months; this period may be extended by a maximum of three months in agreement with the authorized representatives.