In
Austria, a mandatory referendum at the federal level is provided for in the event of an overall amendment to the
federal constitution (Art. 44 para. 3 B-VG). An overall amendment to the constitution occurs when one or more of the construction principles of the constitution (democratic, federal, rule of law, separation of powers or liberal construction principle) are seriously changed. It is controversial whether only the
National Council or also the
Federal President can decide whether a constitutional amendment is categorized as an overall amendment and whether a referendum should therefore be held. According to the case law of the
Constitutional Court, the implementation of a referendum cannot be forced, but is finally decided by the National Council. Failure to hold a referendum in the event of an overall amendment to the Federal Constitution can only be criticized as a procedural defect in the legislative process. The
referendum of June 12, 1994 on Austria's accession to the
European Union was an obligatory referendum at the federal level. In the summer of 2008 - a few weeks after the ratification of the
Lisbon Treaty - the
Social Democratic Party of Austria campaigned for mandatory referendums on major changes to the EU treaties. A corresponding parliamentary initiative requested mandatory referendums on major EU treaty amendments initially found a parliamentary majority, but ultimately failed due to the requirement of a two-thirds majority. A decision by the
Federal Assembly to remove the Federal President before the end of his term of office (Art. 60, Para. 6 B-VG) triggers a mandatory referendum. So far there has been no use case for this.
Local referendums in Austria At the state level, mandatory referendums are planned in the states of
Vorarlberg and
Salzburg. In Salzburg, every "general amendment to the state constitution" must be submitted to a referendum before it is announced in the state law gazette. In Vorarlberg, a mandatory referendum for individual, specially designated fundamental changes is ordered. In 1998 there was an obligatory referendum in Salzburg to abolish the mandatory
proportional representation of the state government. The mandatory referendum in the
city of Salzburg is planned at the municipal level. A referendum must be held in the event of a significant change in the urban landscapes that shape the cityscape. [11] In this way, the protection of urban landscapes anchored in the City of Salzburg's Grassland Declaration is safeguarded against deterioration. In
Carinthia there is a mandatory referendum in the event of a planned demise of a municipality. == Switzerland ==