Development of Direct Democracy to Land and Local Levels in Austria

Abstract

This article highlights the problems with the establishment and development of direct democracy at regional and local levels in Austria. In the 1970s, at the regional level, discussions on direct democracy began again. On one hand, it was a consequence of general political mood which tended towards greater participation of citizens in political life and democratization of all spheres of life. On the other hand, a new understanding of constitutional autonomy in theory and in practice played a crucial role. The prestige of land constitutions has grown; federal nations have discovered the concept of «internal democracy», including national law. Over time, the development of direct democracy at regional and local levels has taken place in certain Austrian federal regions. Compared to the international experience, a wide range of instruments conducive to direct democracy was introduced at regional and local levels of Austria. This paper considers three aspects of developing direct democracy at regional and local levels. Firstly, it concerns the constitutional and legal framework of direct   democracy at regional and local levels; secondly, a rather modest practice of direct democracy at regional and local levels; finally, it addresses the problem of domination of representative bodies in the field of direct democracy. The actual legal status of direct democracy and its practice at regional and local levels are analyzed. It examines the potential application of Austrian examples to the Ukrainian legal framework regarding the decentralization of public authority and the prospects of reforming direct democracy in Austria. The principle of representativedemocracy remains the only intact form of conformation, although the principles of the Austrian Constitution regarding direct democracy are subject to increasing criticism, especially when it concerns the constitutional autonomy of particular regions of the country. Despite this, there are warnings about the widespread use of direct democracy, especially in relation to fundamental human rights and other values protected by the Constitution and international law. Regarding instruments of direct democracy, the legal status at local level is very similar to that at the regional level, although sometimes the same instruments in different communities (as in the regions) may have different titles. The difference lies in the fact that there are no legislative processes at the local level, so at the community level, it is always a matter of executive character. Attention is also paid to the peculiarities of the traditions of direct democracy in Austria since the foundation of the Republic. This is the region of Vorarlberg which had particular traditions of direct democracy since the day the Republic was founded. In the Constitution of Vorarlberg in 1919, the concept of the so-called vetoreferendum was fixed, as well as the ability to pass the results of the popular initiative to a vote. It should also be noted that polling, as an ordinary tool of citizen participation in decision-making, has played an important role in Vienna for several decades.