Formal public participation

If you live in Jena and are aged 14 or over, you can submit residents’ petitions. A residents’ petition is a way of putting an issue on the agenda of Jena City Council.

To submit a residents’ petition, you must submit a written application to the city administration, setting out your proposal and a statement. You must also name a representative and a deputy. These can be yourself and another person who cares about the issue. In Jena, you must collect 300 signatures from residents for the petition to be valid. There are specific rules governing how the signature lists must be completed. For example, all details must be handwritten and each page must contain the full text of the petition as well as the names of the representative and the deputy. Furthermore, signatories must be aged 14 or over on the day they sign. A template for the signature list in the form of a fillable PDF can be found under ‘Downloads’.

The signature lists must be submitted to the Lord Mayor together with the petition. The city administration will then check, using the register of residents, whether there are enough signatures and whether the petition concerns municipal matters. It makes a recommendation to the City Council, but the final decision on the admissibility of the residents’ petition rests with the City Council. If all conditions are met, the City Council must deliberate on the matter and reach a decision within two months. The petitioners are granted the right to speak at this meeting.

If you disagree with the City Council’s decision, you may bring a claim before the relevant administrative court within one month.

Note

A residents’ petition may also be addressed to a district council, but only if you live in that district and the matter concerns district affairs. The number of signatures required depends on the size of the district, and all signatories must also live there.

A citizens’ initiative and a referendum are two stages of the same process. In the first stage – the citizens’ initiative – citizens submit a petition. If this is successful, the second stage follows: the referendum. This procedure enables citizens to reach a binding decision on a particular issue.

Procedure for citizens’ initiatives and referendums

Here is the procedure for citizens’ initiatives and referendums as set out in the Thuringian Act on Resident and Citizen Participation (ThürEBBG):

1. You submit the application for approval of the citizens’ petition to the local council. The application must name a representative and their deputy. This can be you and another person who is committed to this issue. Representatives are the official points of contact for the local authority and are granted the right to speak on your behalf in the city council.
2. The city administration will decide on the admissibility of the application within four weeks and notify the designated representative of its decision.
3. The representative and the city council agree on the timeframe for collecting signatures.
4. The citizens’ petition must be publicised in full in the manner customary for the locality; the collection period begins no later than eight weeks after the public notice.
5. The signatures must be collected within four months and subsequently handed over to the city administration.
6. The city administration checks the signature lists and determines admissibility on the basis of the register of residents (7 per cent of eligible voters is required, up to a maximum of 7,000 votes).
7. No later than two months after receipt of the signature lists, the Lord Mayor shall submit the results of the verification to the City Council so that it may vote on whether the citizens’ initiative has been successfully launched (the Council does not consider the substance of the matter). If the citizens’ initiative is deemed valid, there is a moratorium on similar matters until the referendum takes place.
8. The City Council considers the substance of the citizens’ initiative within three months of its admissibility being confirmed (point 6). However, the City Council may also adopt the substance of the citizens’ initiative; in that case, the referendum may be dispensed with by mutual agreement with the representative.
9. The supervisory authority (Thuringia State Administration Office) sets the date for the referendum in consultation with the city administration and the representative (within three months of the citizens’ initiative being declared valid).
10. The content of the referendum and further information on its conduct must be publicised in the manner customary in the locality.
11. The referendum is held by secret ballot (quorum for approval: 10 per cent of eligible voters).

Requirements

To organise a citizens’ initiative or referendum in Jena, you must

• have been registered as a resident in Jena for at least three months,
• have reached the age of 16, and
• be a German national or a national of another Member State of the European Union.

The formal requirements for the format of the signature lists are the same as those for a residents’ petition.

The most common formal procedures in which you can take part are those relating to the planning of new buildings, squares, footpaths and roads. There are two main types of planning: preparatory urban planning, which focuses on land use (land-use plan), and binding urban planning, which relates to specific building projects (development plans).

These plans are designed to ensure that the city continues to develop in a positive way. In doing so, the plans must ensure that the needs of the people, the environment and the economy are taken into account. The future must not be lost sight of either, so that future generations can also benefit from it.

It is important that land use is socially equitable and that people’s housing needs are taken seriously. It is therefore necessary to weigh up what is good for society as a whole and how this can be managed fairly.

Land-use plan

The land-use plan is a document that sets out which types of land use are, in principle, permitted in the individual areas of the urban area. It is drawn up on the basis of regional planning and various concepts. Among the most important are:

• the Jena 2030+ Integrated Urban Development Concept
• the Jena 2035 Housing Land Use Concept
• the Concept for the Development of Jobs and Commercial Space for the City of Jena 2035
• the Retail Development Concept for Jena 2025
• the Garden Development Concept.

The Land Use Plan as a whole is only updated at longer intervals. However, partial amendments or corrections may also be made if this is necessary in connection with the preparation of a local development plan. This requires a resolution by the City Council.

The steps for this procedure are laid down in the Building Code and correspond to those for the preparation of a local development plan.

Development Plan / Project-Specific Development Plan

Most building projects in the city can be carried out on the basis of the land-use plan by submitting a planning application. Under certain conditions, such as the plot area to be developed, the height of the building or its location in an outlying area, it may, however, be necessary to draw up a development plan.

If the city initiates the building project, a proposed local development plan is drawn up. If another initiator (project sponsor), such as a company or an association, launches the building project, a project-specific local development plan is drawn up upon application. The city council decides whether to initiate these procedures.

During the planning process, you have two opportunities to get involved by submitting comments containing suggestions or feedback.

First, a preliminary draft is drawn up, which outlines the buildings, paths, squares and so on in broad terms. The first phase of public participation is the early public consultation in accordance with Section 3(1) of the German Building Code (BauGB), during which the preliminary draft documents are made available for public inspection. You can submit your
comments on the plans, regardless of your age or place of residence. The city council or a planning consultancy will then evaluate the feedback received and, depending on the outcome, take it into account when drawing up the draft plan.
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The second opportunity for public participation arises when the more detailed draft plan is made available for public inspection. Unlike with the preliminary draft, this requires a resolution by the city council. The comments received are examined and weighed up fairly against one another before the final development plan (the by-law) is drawn up. The city council’s approval is required for this assessment.

Notices of public consultation are published in the Official Gazette on the relevant section of the city’s website.

On the city’s list of projects, you will find an overview of all ongoing planning procedures as well as their current status.

In the case of specific infrastructure projects within the road network, public participation takes the form of a planning approval procedure. This may involve, on the one hand, the redesign of roads (for example, the Osttangente) and, on the other hand, a fundamental reorganisation of the road network (for example, the extension of the Zwätzen-Nord tram line).

Responsibility for conducting the planning approval procedure lies not with the City of Jena, but with the relevant federal or state authority (for example, the State Administrative Office in Weimar or the Federal Railway Authority in Erfurt).

As a first step, the planning documents submitted by the city are made available for public inspection. You may submit objections or comments regardless of your age or place of residence. The submissions received are examined by the competent authority and assessed during the procedure with regard to the extent to which the submitter is affected. Those who have raised objections will be invited to a hearing at which the objections and comments received will be discussed orally. Alternatively, they will receive a written
explanation. The hearing does not conclude until all submissions have been dealt with in full.

The outcome of the procedure is communicated to the city in the form of a declaration of approval. If the planning proposal falls within the city’s remit, detailed design work then commences.

In this area, a plan is drawn up setting out services for young people and their families. Once this plan has been approved by the committees or the City Council, funding becomes available for the tasks set out in it.

Leisure and support services for young people, which are funded by public money, are set out and planned in the City of Jena’s Youth Support Plan (JFP). For example, the city administration can organise school social work in schools in Jena and provide youth centres. In total, around 35 facilities and projects are planned annually, with funding and programme content totalling approximately 5 million euros. The Youth Development Plan normally covers a two-year period, similar to the city’s financial budget planning for all public services.

The planning process takes place regularly and comprises the following steps: planning the process, analysing the current situation, assessing needs and planning measures. To ensure that the services meet young people’s interests and are well utilised, youth support planning requires information about potential users. To this end, young people themselves are surveyed. The results
from various forms of formal and informal participation are incorporated into the drafting of the youth development plans.

You can get involved by:

• taking part in the youth survey, which is conducted regularly through schools,
• taking part in the work of bodies such as the Youth Parliament or the Youth Welfare Committee, and
• taking part in ad hoc community conferences on planning issues relating to local youth facilities and projects.

In accordance with Section 9 of the Thuringian Sports Promotion Act (ThürSportFG), the public is involved in the planning of sports facilities. The planning of sports facilities is an important and extensive process that serves to steer the development of the sports sector. As part of this process, objectives and measures are set out with a view to the continuous development of the sports landscape.

The planning of sports facility development takes place in four phases.

1. First, preparatory work is carried out, such as applying for funding and commissioning external support.
2. This is followed by data collection, during which all existing sports facilities and spaces are recorded. In addition, various surveys are carried out, in which the public can also take part (for example, surveys of the general public, sports clubs and schools).
3. The third phase is collaborative planning. Here, the collected data is evaluated and the current situation analysed. Opportunities and challenges are identified and discussed in workshops. Here, too, the public has the opportunity to get involved.
4. In the final phase, the results are summarised and set out in a planning document.

The Noise Action Plan sets out measures to further reduce traffic noise in our city. The public is being involved in this process.

In the first phase of public participation, you can use a questionnaire to share your views on noise pollution in your local area and make suggestions for reducing noise. In the second phase, you can submit your comments and suggestions during the public consultation period.

Based on the results of the survey, specific measures and proposals for further reducing traffic noise in Jena will be developed. Once all the feedback received has been reviewed, a draft of the Noise Action Plan will be drawn up, including an action plan. You will then have another opportunity to get involved. The final noise action plan must then be approved by the city council.

Did you know that there is a residents’ question time at the start of every public city council meeting? Strictly speaking, it lasts half an hour. You can ask questions, make suggestions and put forward proposals if you

• have been living in Jena for at least three months and
• are at least 14 years old.

Questions, suggestions and proposals are referred to as ‘matters for consideration’. Each person may submit one matter for consideration per meeting. The matter may contain up to three sub-questions or points. You must submit your matter in writing to the City Council office by 2.00 pm, 14 days before the meeting. You can also use the online form for this purpose.

The Lord Mayor and the Main Committee jointly decide on the selection, order and manner of response. If your matter is placed on the agenda, you will receive an invitation to the meeting. There, you can present your matter orally. After the relevant department head has responded, you may ask a follow-up question. However, you may also request a written response.

If your matter has not been included on the agenda, you will receive a written or verbal response, stating the reasons, within 14 days.

You can find the exact procedure and deadlines in Section 10 of the Rules of Procedure for the City Council and the Committees of the City of Jena.

The City Council is the parliament of the city of Jena. It makes decisions on matters falling within the city’s remit where the Lord Mayor does not have jurisdiction. The City Council is elected every five years by eligible voters and consists of 46 members and the Lord Mayor. Any person aged 18 or over who is eligible to vote can be elected to the City Council. However, people are eligible to vote from the age of 16.

The various political parties or voter groups often draw up lists of candidates. Depending on how many votes these lists receive, one or more candidates may be elected to the City Council after the election. To facilitate better cooperation, city councillors may form political groups. As a political group is a voluntary association of members with similar political views, these members usually belong to the same party.

You can get involved by standing as a candidate through a political party or a voters’ group to serve on the City Council. Alternatively, you can contact the various members and their political groups at any time with suggestions, questions or concerns.

You can find all information about the City Council, the political groups and the City Council Office here. An overview of the meetings of the City Council and other political bodies can be found in the meeting calendar. Draft resolutions and reports, as well as enquiries from residents and City Council members, can be found via the search function in the Council meeting system.

The city of Jena has 30 districts. Each district has a district council and a district mayor. You can stand as a candidate for election to the district council or for the post of district mayor.

To do so, you must:

• be at least 18 years old,
• have been registered as a resident in the district for at least three months, and
• be a German national or a national of another EU Member State.

You may vote in elections from the age of 16, provided you meet the other conditions.

In addition to these opportunities to get involved, you can contact either the district mayor or the district council at any time with ideas, questions or concerns.

You can find an overview of the district councils and district mayors here.

The Youth Parliament (JuPa) speaks on behalf of children and young people in Jena. At its monthly meetings, the issues and concerns of young people are discussed and addressed. It also deals with matters raised by the City Council that affect children and young people.

The JuPa operates openly and follows democratic principles. Its aims are to make the city a better place for young people, to be a strong voice for young people in Jena, and to ensure that young people’s interests are represented in politics.

You can become a member of the JuPa if you attend a school in Jena and are in at least Year 8. In the elections, which take place every two years, all pupils from Year 5 onwards are eligible to vote.

You can find further information about the Youth Parliament on its website.

As well as the Youth Parliament, there are many other opportunities for children, teenagers and young adults to get involved and have a say. Your right to participate and have a say includes, amongst other things:

• having a say in the development of the Children and Young People’s Support Plan,
• the planning of playgrounds,
• having a say in schools through pupil councils, and
• taking part in community conferences and participation workshops.

If you are interested in these opportunities for participation or have any questions or suggestions regarding specific areas in which you would like to be involved, please contact the Youth and Education Service. There are many other opportunities for participation, which are offered, for example, by youth
centres or in schools. You can also obtain information on these from the Youth Work / Youth Social Work team.

The City Council may decide to set up an advisory board for specific target groups or on specific topics. A total of 20 advisory boards have been established since the 1990s. An advisory board is a group of people who advise the City Council and the city administration. Normally, an advisory committee’s sole role is to offer advice and make recommendations. The members of an advisory committee are appointed by the City Council. In Jena, the process for selecting members varies from one advisory committee to another.

You can raise your concerns with the various advisory boards. Even though they have no decision-making power, advisory boards can take up and discuss your concerns. For example, an advisory board may make a recommendation on your issue to the City Council or its committees. You can find information on the meetings of the individual advisory boards here.

Advisory committees by target group

• Advisory Board for People with Disabilities
• Municipal Advisory Board for Older People
• Advisory Committee on Migration and Integration
• Student Advisory Board
• Youth Parliament

Advisory Councils by Subject Area

• Youth Work Advisory Board
• Climate Protection Advisory Board (until 2019: Local Agenda 21 Advisory Board)
• Citizen Participation Advisory Board
• Allotment and Garden Development Advisory Committee
• Architecture Advisory Committee
• Mobility Advisory Board (merger of the Cycling Advisory Board and the Motor Vehicle Traffic Advisory Board)
• Advisory Committee on Sociocultural Affairs
• Volunteering Advisory Board
• Cemetery Advisory Board
• Nature Conservation Advisory Board

Section 7 of the Main Statutes of the City of Jena provides for annual residents’ meetings to keep citizens informed and enable their participation. Such meetings may also be held in parts of the city or in individual districts.

Residents’ meetings in residential areas or neighbourhoods take place at the request of the residents. For this to happen, at least 50 residents of that area must express their support. A petition may be used as evidence of this.

The date, venue and agenda must be publicised in the district at least 14 days in advance.

As a resident of the city of Jena, you have the right to submit suggestions or complaints (petitions) to the Lord Mayor, the city administration or any member of the city council. A response must be provided within four weeks.

If the recipients of the submissions do not have the relevant remit, you must be informed accordingly, and the recipients must forward your submission to the relevant authority within one week.

Submissions may be rejected for various reasons. Firstly, if the sender enquires about the same matter despite having already received a reply, or if a complaint is directed against a decision in respect of which legal action may also be taken.