Municipal constitution contentious proceedings applied with disputes between different parts of a uniform legal entity of the public right over rights and obligations from the relationship.

It is not a public dispute condition-legal kind. Accordingly municipal constitution contentious proceedings before that are led Administrative Courts. Since the kind of procedure contradicts the conception of rules of the administrative court, it is not there regulated. Arguing parties of this "„Insichprozesses "“are in the cases of main application organs of the regional administrative bodies among themselves. The other applications are usually summarized under the designations organ complaint or internal-organization-legal dispute.

Municipal constitution contentious proceedings can be a interorgan controversy or a Intraorganstreit. Procedure characteristics and bases of the applicability result from the right of the respective Land of the Federal Republic, which has the legislative competence for relevant standards of the local legislation.

Condition purchase

The designation municipal constitution controversy does not have anything with the condition of the Federal Republic of Germany to do to the Basic Law separates is derived from the term municipal constitution, which in some Lands of the Federal Republic the right of the municipalities and districts designates. Therefore it is not despite the term similarity a dispute of constitutional kind. The procedure has nevertheless some similarities with constitutional organ contentious proceedings.

Interorgan controversy

The interorgan controversy is the argument between two local organs. Procedure parties can be all organs of a municipality. The which are applicable local organs define themselves according to the Gemeindeordnung in the individual Lands of the Federal Republic. A condition for a complaint guidance is a majority decision of the organ.

Organ can here its mayor against local council.

Intraorganstreit

The Intraorganstreit is the argument between members of an organ or organ parts against the organ.

Thus Gemeindevertreter A against Gemeindevertreter B.

Conditions for validity

Kind of complaint

Since municipal constitution contentious proceedings are not intended in rules of the administrative court, the selection of the permissible kind of complaint is not clearly regulated. According to the goal of the complaint usually two kinds of complaint are applicable:

• to reach the general Leistungsklage for questions, which are directed toward it, a certain action or measure for the future and

• the declaratory action, if actually final circumstances are to be attacked.

In special cases also a standard control suit can be permissible, about if by a statute in the rights of an organ is to be intervened. A continuation declaratory action separates, "„after predominant view to be assumed there can organs of public bodies will behave according to the judicial decisions "“(Ehlers, NVwZ 1990 P. 105 f.)

Complaint power

Except with the elections accomplished by the organ Popularklagen are inadmissible also with municipal constitution contentious proceedings. The respective plaintiff must make clear to be hurt in its own organschaftlichen rights. Is therefore the asserting of an able-bodied interior legal position necessary. It is not incumbent on the members of the organ to have examined the legal standard of a resolution of the organ abstractly from the courts. The necessity to be hurt in own rights applies not only to the individual member, but likewise to parliamentary groups, if these want to accomplish appropriate right control.

Taking part ability

The statement of the taking part ability was in practice developed for lack of appropriate regulation in rules of the administrative court. The way before the Administrative Court is open to a municipality organ, the chairman of the municipality organ, an organ part or an individual member whenever it is impaired in its legally which are entitled rights as organ or in its rights of participation as an organ member.

Complaint opponent

Correct complaint opponent is not in principle the municipality, but the organ/organ part, opposite which the validly made requirement is to have existed and/or have taken place via that the maintained law breaking is.

Legitimacy

The legitimacy of a Kommunalverfassungsstreitverfahres is not given already if the illegality of the attacked resolution is determined, but only then if it can be proven that the plaintiff was hurt by the right offence in his organschaftlichen rights.

Costs of the procedure

The cost of the permissible procedure the municipality bears in the context of its obligation to have to place to the organs to the office practice necessary means to the order.

Articles in category "Municipal constitution controversy"

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