Constitutional lawyer says Leiblachtal waste centre vote could be challenged
Wednesday 21st October 2026 on 13:30 in
Austria
A planned referendum on a shared waste collection centre in Leiblachtal could be challenged in court, constitutional lawyer Peter Bußjäger told ORF Vorarlberg on Wednesday. Five municipalities plan to build the facility together, but the FPÖ in Hörbranz has sought a vote on the project.
Bußjäger said the question proposed for the referendum was problematic because, in his view, it conflicts with rulings by Austria’s Constitutional Court. A municipality does not have planning authority over facilities such as the waste collection centre, he said, adding that a vote in one municipality could not decide an issue involving a facility run by an association of several municipalities.
If the referendum goes ahead, its result could be challenged before the Constitutional Court on the grounds that the question was unlawful, Bußjäger said. The district administration, which oversees municipal decisions, will also review the relevant resolutions.
FPÖ members in Hörbranz submitted their application on September 23. The question asks whether the Hörbranz municipal council should reject any remaining decisions within its authority that are needed for the centre at the planned location.
The municipal election authority approved the application by majority vote on Monday, with support from the FPÖ and ÖVP. The applicants now have 10 weeks to collect about 700 declarations of support before the process can continue.
Hörbranz Mayor Andreas Kresser criticised the decision, saying the municipalities had already made legally effective commitments. Hörbranz, Lochau, Hohenweiler, Möggers and Eichenberg have established the Leiblachtal waste centre association, and the association has completed a binding purchase contract for a plot of nearly 12,000 square metres near Allgäustraße and Ziegelbachstraße.
NEOS Hörbranz group leader Dominik Greißing also questioned whether the referendum would stand up legally. He said the project should proceed while residents receive information about each step, including the traffic situation.