The German local legislation is the right of the local regional administrative bodies. Basis of the local legislation is the local autonomy. The autonomy warranty of the municipalities is located in Germany under the protection of the condition (kind 28 GG). Also the national conditions stress the right of self-government of the municipalities. In the German surface countries (except Berlin and Hamburg as pure city states) Gemeindeordnungen regulate the structure and the political structure of the municipalities. To that extent local legislation is thus also federal state law.

The word "“local legislation"” stands for a multiplicity of laws and legal regulations, those directly the municipalities concerns (Gemeindeordnung, district order, local election law, law over the local joint venture work, surrounding countryside federation law, purpose federation law, municipal budget regulation, municipality cash regulation, own establishment regulation, landscape lattice ordering etc.)

Body of the public right

The municipality is after their right nature a regional administrative body. As legal entities of the public right they have natural or legal entities as members and receive their status from or due to a law. The local regional administrative body covers all natural and legal entities on the respective Gemeindegebiet.

Among the regional administrative bodies rank primarily the municipalities, the districts/circles and the circle-free cities). In some countries integrated municipalities, central administrative bodies exist Thus the country Lower Saxony created the region Hanover by the fusion of the district Hanover with the circle-free city Hanover, which likewise represents a local regional administrative body.

Local tasks

All competence of the municipalities

In the context of the local autonomy the municipalities are responsible for all affairs of the local community. This constitutional assumption for the all competence of the municipalities, following from kind 28 exp. 2 GG, by the catalog of the municipality sovereignties one concretizes. The municipalities have the sovereignty, the organization sovereignty, the personnel sovereignty, the financial autonomy, the planning competence and the law-making sovereignty for the tasks of the own sphere of activity. The municipalities cannot only become active due to a law, on the contrary they can - if the local purchase and sufficient own clerk actually pull given actual independently tasks ("„task identification right "“). The freiwillige assumption of tasks must measure however at the national authority order. The municipality can not actually draw tasks of the country or the federation, even if they are to be added to the local community. Therefore e.g. no local child benefit (federal competence of the family distribution of burdens) may be disbursed or forbidden cigarette advertisement.

Traditional local task catalog

The following tasks are noticed traditionally within the local range:

• General administration (personnel, finances)
• Quite
• Order administration, fire-brigade
• School, education, culture
• Spare time and sport
• Social, family and youth
• Health (hospitals), homes for the elderly
• Planning, building and living
• Traffic
• Economics (promotion of economy development, local enterprises, savings banks).

The municipalities have above all the basic supply of mechanisms of the public precaution for existence to guarantee (for example schools, culture, public local passenger traffic, sport, en and disposal). The task completion can take place however only in the borders of its efficiency. The completion of tasks, which go beyond it, can be taken over also by the next higher level (district/circle, Zweckverband, landscape federation).

Local task structure

By the federation and the Lands of the Federal Republic tasks are often imposed upon to the municipalities and/or national tasks are transferred, in order no own administrative underbody to create and/or to reproach have. Tasks of autonomy become corresponding (freiwillige tasks of autonomy, requiring tasks of autonomy) after own local decision possibility and of the state assigned tasks (of tasks of obligation for fulfilment after instruction, affairs of order) differentiated. Depending upon arrangement the municipalities of the full national instruction within the transferred range are subject to the Gemeindeordnung. The range of the autonomy the supervision of local is limited to the legal supervision.

Examples:

• freiwillige tasks of autonomy: Culture administration, sport administration;
• requiring tasks of autonomy: School development planning, sewage disposal, building zoning plan;
• transferred tasks: Order administration, construction supervision.

Inhabitant and citizen

The municipality knows the inhabitant, the citizen and the Forensen. The inhabitant is everyone with domicile in the municipality. Thus also children, second home owner, belong asylum-seeker, if necessary convict etc. to the inhabitants. Citizens are against it only those persons, who may exercise the active right to vote in the municipality.

Inhabitants are obligate the public mechanisms (here meant: the public road to use water and electricity mains) (so-called connection and use obligation). At the same time they may draw from it their use. The inhabitants are obligated to carry the municipality loads. Therefore local rates are raised, like e.g. the real estate tax. The co-operation of the inhabitants is limited. The individual regulations in addition are in the respective Gemeindeordnung.

Citizen against it all German (or citizens of an European Union member state) inhabitants are, those 18. Lebensjahr completes (in some Lands of the Federal Republic: 16) has and at least three months in the municipality their main domicile to have. The same rights and obligations meet the citizen as the inhabitant. However in its rights of participation additionally the right to vote and the eligibility in the advice and/or Kreistag are entitled to the citizen; it can participate in citizen desiring and in the citizen decision. However if necessary also the obligation meets it to begin an honorary office.

Articles in category "Local legislation"

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