The Gemeindeordnung is the condition of the municipalities.

In Germany the competence lies for the regulation of the Gemeindeverfassung after GG with the countries.

Therefore exist to Gemeindevorstand (municipal authorities) according to the autonomy warranty of the exp. 2 sentence 1 GG and the national conditions Gemeindeordnungen, the structure, structure, competence, rights and obligations of the local organs such as administration, local council (town council), mayor (mayor), local adviser, foreigner adviser etc. regulate.

These are only overlaid Hamburg and Bremen in the city states Berlin, by the respective national conditions, because the city forms also the state in each case there.

The Gemeindeordnung is at the same time the basis of the local financial system and regulates the national supervision over the municipalities.

Municipal constitution types

The existence of a local council is common to all municipal constitutions, who central local decisions (specified in the respective Gemeindeordnung) are incumbent on. There are differences with the position of the head office official ("„mayor "“). In practice four municipal constitution types developed:

• the municipal authorities condition
• the South German advice condition
• the north German advice condition
• the mayor condition

Municipal authorities condition

"„The municipal authorities condition decreasing/going back to the Prussian city order of 1810 "“applies today only in Hessen and Bremerhaven (original also in Schleswig-Holstein). This municipal constitution model proceeds from a trialistischen structure. For the local council as the organ stands municipal authorities, which consist of (upper) mayor as well as head and honorary assigning to (collegial organ), and (upper) the mayors as third organ opposite. The authority, which after South German advice condition and mayor condition is concentrated on (upper) the mayor, is divided in this model between municipal authorities and (upper) mayor; the respective (upper) mayor has itself to co-ordinate thus in the Kollegium of municipal authorities and can the assigning to not to certain acting instruct.

Originally (upper) the mayor in the municipal authorities condition was selected by the respective local council. Since 1993 a step-by-step selection (upper) of the mayors takes place also in Hessen.

The Prussian municipal authorities condition was rezipiert in completely Germany, then it applied in a general manner starting from 1832 also in Saxonia.

South German advice condition

The South German advice condition has itself traditionally since that 19. Century in Bavaria, and Baden develops. During the South German advice condition the local decisions are made by two organs: the advice as central organ and the full-time selected (upper) mayor (binaryistic structure). Both organs are selected directly by the citizenry (the advice mostly on five years, (upper) the mayors frequently on eight years - here there are substantial deviations between the Lands of the Federal Republic). (Upper) the mayor holds a strong position in this condition, since he carries out the resolutions of the advice, represents the municipality outward and director/conductor of the local administration is. The moreover one from it own competencies are incumbent on not to extract, it the advice cannot (affairs of instruction, business of the current administration). The South German advice condition is prevailing type of the newer municipal constitutions and occurs in Bavaria, Baden-Wuerttemberg, in Saxonia, Saxonia-Anhalt, Thuringia, Rhineland-Palatinate, Saarland and North Rhine-Westphalia.

North German advice condition

The north German advice condition decreases/goes back on conceptions of English crew power after 1945 and was long years prevailing municipal constitution type in North Rhine-Westphalia and Lower Saxony.

The north German advice condition has only a central organ, the advice (monistische structure). In this model only the chairman function in the advice comes (upper) to the mayor, who is selected by the advice. The administrative business is noticed of (upper) a director of city as a head office official, who becomes from the advice selected active in its order (purely carrying out activity).

In both Lands of the Federal Republic the north German advice condition was replaced meanwhile from the modified South German advice condition. In North Rhine-Westphalia advice and (upper) mayors are selected on in each case five years. In Lower Saxony the integrated municipality and mayor are selected on eight years. Thus (upper) the mayor leads the respective administrations also there.

Mayor condition

This condition form survived itself meanwhile and existed into the 1990er years in Rhineland-Palatinate and Schleswig-Holstein.

This condition form follows the South German advice condition with two central organs (binaryistic structure). The choice (upper) of the mayor is different; while this is selected directly in the South German advice condition, the choice takes place at "„the mayor condition "“by the respective advice, thus indirectly; this secures one for this strengthens local-political position.

Largest power in things local administration, has a director of municipality selected of the local council.

Gemeindeordnungen of the Lands of the Federal Republic

The differences of the condition types in the old Lands of the Federal Republic are under there crew powers, which in the countries partially (except areas occupied into the US American - here as far as possible the German Gemeindeordnung from 30 January 1935 (DGO) applied away) after the war their conceptions of local structures gave. For this reason Bremerhaven has a municipal authorities condition, while the surrounding countryside stood under British administration and the there double head was introduced.

The designations and meanings of the local organs vary accordingly in the individual Lands of the Federal Republic clearly. Besides differences are dependent on whether it concerns (only) a municipality or a city.

Articles in category "Gemeindeordnungen in Germany"

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