By autonomy the jurisprudence understands the transmission from functions of the administration legally organizations (legal entities), in order to make for the concerning possible the solely responsible organization. To that conceptually the "“national"” administration is confronted, which is to that extent inaccurate, and carriers of the autonomy part of the national administration in the broader sense is ("“indirect public administration"”). Typical organization form of the autonomy is the body of the public right, those from their set standards is under normal conditions issued as autonomous statutes. She can raise usually from her members contributions.

Examples of autonomy are the German universities, legal health insurance companies, old age pension insurances, professional associations, Chambers of Commerce and industrie and in particular the municipalities (see local autonomy).

Autonomy in the structure of state

The carriers of the autonomy are not combinations of private, but part of the administration of federation or countries. The fact that they are separated from their hierarchical administrative structure changes therefore nothing in the fact that they are part of the public force in the sense of the kind 1 exp. 3 and 20 exp. 3 GG. Also municipalities, Universities of etc. are thus fundamental right-entitled, but bind to the fundamental rights of the citizens. Also for it the connection at right and law applies. As the state leaves a clearance to them for autonomy, it must ensure on the other hand the adherence to these principles. That is done via the legal supervision. A specialized supervision, which serves for the penetration of an unrestricted instruction right, is not compatible against it with the nature of the autonomy. She is possible only, where autonomy bodies will transfer additional tasks, which are not part of their autonomy ("“national"” tasks).

Isolated after anglo-saxon model, during excess of its competence is missing it is represented to the carriers of the autonomy already at the legal capacity, because this is limited to fulfilment of the specific task ("“ultra vires"”). Against it from a comprehensive legal capacity one proceeds predominantly; such measures are possible therefore, but illegal.

As part of the public force also the carriers of the autonomy must be democratically legitimized. With this condition requirement the participation of the employees in conflict can turn out. The Federal Constitutional Court decided that the democracy requirement kind 20 exp. 2 GG for forms of the organization and practice of government authority is open, which deviate from the requirement of complete personnel democratic authentication of all decision-authorized. The autonomy promotes the straight democracy, by making participation possible concerned. Obligatory acting with a decision character is however only permitted the organs by carriers of functional autonomy from constitutional view, because and as far as the people also to that extent its right of self-determination true (BVerfGE 107, 59 - Emschergenossenschaft).

Protection of the autonomy

The fact that the carriers of the autonomy are as part of the public force in principle not carriers of fundamental rights does not mean that its position must be unprotected opposite federation and country. The legal order can grant a defense right to them against encroachments into its affairs of autonomy (see autonomy warranty). For the protection of their autonomy itself universities and publicly organized broadcasting corporations can, although actually part of the national administration, exeptionally to the fundamental right of the science liberty and/or the broadcast liberty appoint. That makes it however not comprehensively fundamental right-entitled, it is thus only carriers of this special, not however the remaining fundamental rights.

Protection of the members

Autonomy bodies are based not on private-autonomous union of their members, but by law are established. There is thus a compulsory membership (Chamber of Commerce and industrie, studying shank wrote). This does not offend after predominant view against the basiclegally protected negative freedom of association, which is to protect only the withdrawal out combinations organized under private law. The compulsory membership intervenes however in the general freedom of action kind 2 exp. 1 GG.

This interference is normally relative and therefore permissible. It makes possible that functions of the administration resulting anyway are contributed by those, which are directly concerned. Disproportionately and therefore unconstitutional the interference can become however, if the body acts illegally outside of its competence. Then omission can be required before court; if necessary the constitutional complaint is open to the Federal Constitutional Court.

These drop organizations were discussed in particular in connection with demands after a general political mandate for autonomy committees. Thus local councils proclaimed their Gemeindegebiet to the "“nuclear weapon-free zone"” or were concerned committees of written Studierendenschaften with questions of the outside and defense policy. A comprehensive general political mandate is however incompatible with the idea of the autonomy of own affairs, appropriate activities hurt the fundamental rights of the members.

Demarcation

To regulate their affairs without national interference one calls the right of the religious communities in Germany self-determination, since even publicly organized religious communities are not because of the separation from state and church a part of the state and therefore also not "“administration"”. In response also the legal supervision is omitted, which guarantees legal state acting. A national supervision of church would be unconstitutional therefore (differently however in former times the so-called Korrelatentheorie for communities with "“body status"”).

The term of the autonomy is not however always used in the legally correct, above represented sense.

Selfadministered enterprise

In the second half of the 1970er years developed after the model of the cooperatives numerous economical enterprises, which function without hierarchical structures and are equally administered by all coworkers. "“Enterprise in autonomy"” became a kind brand name for such enterprises. Also today such enterprises exist.

Marxist autonomy

The Marxist autonomy is reached by the transfer by private enterprises into "“social"” property (= "“socialization"”). Selfadministered enterprises after Marx (capital) are transition forms to an administered economy. The "“capitalistic share enterprises"” likewise as transition forms from the "“capitalistic production way"” in "“associated"” regarded.

Selfadministered cultural centers

For some years there are cultural centers also administered (in particular in the left scene, autonomous center). These reject an influencing control from the outside by state and society.

Autonomy by the example of universities

Individual tasks are assigned different committees. Each group of status (e.g. ) Choice representative intends professors, scientific coworkers, other coworkers, students for the respective committees. Usually the professors have the majority, but there are also models with so-called quarterly parity, in which each group sends equal large parliamentary groups.

The committees give themselves statutes, which determine the rules of their functions. Also commissions and working groups are used, in order to dedicate itself to special questions. Resolutions are seized and a selected member for conversion is assigned.

Example committees at a university

• Kuratorium
• University advice
• Academic senate (presidency or Rektorat implements)
• Specialist area advice/faculty advice (Dekan implements)
• Institute advice
• Woman advice

Example commissions at a university

• Commission for study and teachings
• Commission for research and new generation
• Main commission
• Test main committee
• Order committee
• Appointment commission

Depending upon university and Land of the Federal Republic the tasks are differently distributed.

Articles in category "Autonomy"

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