Kreuzlinger Feld: referendum at the end of the Easter holidays
Created: 01/27/2022, 11:45 am
By: Klaus Greif
The future of Kreuzlinger Feld will now be voted on on April 24th.
archive photo © mm
The city council has declared the citizens' request to stop planning at Kreuzlinger Feld to be permissible.
The committee also unanimously set the date for the referendum.
Voting will take place on Sunday, April 24th.
Germering - The citizens' initiative of the citizens' initiative (BI) Livable Germering is permissible.
This statement by the city council was to be expected after the decision of the Bavarian Administrative Court shortly before Christmas.
The court agreed with the BI, which had filed a complaint against the rejection of the request last summer, on all counts.
The city could have taken legal action further and waited for the outcome of the pending main proceedings.
But this is not done.
Mayor Andreas Haas justified this with the words: "We now know the opinion of the court and recommend that the citizens' petition be allowed." After a short discussion, all members of the city council followed.
Setting a date was not that easy from the point of view of the administration.
On the one hand, it had to be taken into account that a referendum must be carried out within three months after the city council's decision on admissibility.
According to the head of the legal department, Dagmar Hager, the BI has agreed to an appointment until May 16th.
Because the city needs around two months to prepare, the first possible date would be Sunday, April 10th.
According to Hager, however, he is eliminated because it is the first Sunday of the Easter holidays.
There are many poll workers but also the janitors at the schools where most of the polling stations are on vacation.
The following Easter Sunday is also not an option.
Because almost every Sunday from May 1st does not fit for a variety of reasons - including because the Stadthalle, which has to offer space for postal and ballot boxes, is occupied with several events - April 24th remains the best date.
It's still on vacation though.
But by the last day of vacation, according to Hager, most of them will be back home.
Postal voting for everyone
According to Mayor Haas, the appointment during the holidays is also bearable because no citizen has to go to the polling station to vote.
The city sends the postal voting documents to all those entitled to vote.
An application is not necessary.
Until the end of 2021, due to Corona, this was even regulated throughout Bavaria in order to create the possibility of exclusive postal votes in referendums.
However, because this regulation has not been extended, the city council decided on Tuesday to amend the city statute for the implementation of citizens' petitions.
However, these and other changes only apply until the end of December.
It is planned to develop and adopt a completely new statute for the future.
Greens and SPD feel confirmed
In a short discussion on the Kreuzlinger Feld referendum, representatives of the parliamentary groups who supported the arguments of the BI from the start spoke up.
Sepp Dürr (Greens) said that the Greens feel confirmed in their assessment.
The head of the legal department, Dagmar Hager, first answered his question as to what consequences the city would draw from the double defeat.
The lawyer commissioned by the city, on the basis of whose report the administration determined the inadmissibility of the citizens' request, still represents her opinion.
The decision of the VGH was classified by the municipal umbrella organizations as very difficult to implement.
The reason: "It is not clear how this will affect a possible new development plan." Mayor Andreas Haas added to this assessment.
The question now arises: "What should a sensible development plan look like?" He recalled that the City Council had also classified the legal opinion commissioned by the city as plausible.
SPD faction spokesman Daniel Liebetruth said that the CSU and Free Voters also caused financial damage with their decision against the request.
If the decision had been different, the decision would have been made on the day of the federal election.
Then there would have been clarity long ago.
Development at Kreuzlinger Feld: Investor fights back
The city council had previously pushed ahead with the plans.