The Constitutional Court (VfGH) is reviewing the Carinthian referendum on wind power due to a potentially value-laden question. A narrow majority had voted in January for a ban on new wind turbines. The wording of the question seems to contain a value-laden addition, the VfGH announced on Wednesday. A referendum on wind turbines in Waidhofen an der Thaya in Lower Austria has been annulled by the constitutional judges.

Questioning Under Criticism - VfGH Reviews

The referendum in Carinthia on the expansion of wind power on mountains and pastures was controversial from the start. Critics complained that the question was unclear and suggestive. Challenges from 163 people have now led the highest court to review whether the order of the referendum was in accordance with the law. A statement from the state government is to be obtained in the coming weeks. The challenges are justified by an "unclear, ambiguous, and suggestive question," according to the VfGH release on Wednesday. Specifically, the question was: "Should the construction of further wind power plants on mountains and pastures in Carinthia be prohibited by state law to protect Carinthian nature (including the landscape)?"

The VfGH found that this wording seems to contain a value-laden addition. It exclusively highlights one interest, the "protection of Carinthian nature (including the landscape)," which could steer the answer in a particular direction. Thus, the purpose of determining the will of the eligible voters is not fulfilled. "The question also seems to violate the prohibition of suggestive questions enshrined in the Carinthian Referendum Act," according to the VfGH.

Referendum Led to Temporary Halt of Wind Power Expansion in Carinthia

51.55 percent were in favor of the ban. The state parliament then passed a new spatial planning law with stricter rules for wind power expansion. Until zoning for wind power is developed, a construction freeze for newly submitted wind turbines should apply.

Also in Lower Austria Misleading Referendum on Wind Turbines

The referendum in the Lower Austrian town of Waidhofen an der Thaya from March 2024 has already been annulled. The question - "Should the municipal council decide on the necessary measures within its own sphere of influence so that three to a maximum of five wind turbines can be erected and operated in the municipal area of the town of Waidhofen an der Thaya (Predigtstuhl area)?" - was "misleadingly formulated" according to the VfGH. The challenge was therefore upheld. According to the constant jurisprudence of the VfGH, the question presented in a direct-democratic procedure must be "clear and unambiguous to exclude misunderstandings as far as possible," explained the highest court.

(APA/Red)

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