The German system of local government is composed of several territorial public corporations. Basis of local government is the right to communal self-government, which is entrenched in the Constitution of the Federation (Bund) in Article 28 (2) 1 GG , as well as in the constitutions of the federal states (Länder), e.g. in Article 11 of the Constitution of Bavaria .
Organisation and structure of the basic level of local government is regulated by the federal states in Municipal Regulations (Gemeindeordnungen) with the exclusion of the three pure city states of Berlin, Hamburg and Bremen.
No single Code of communal law exists in the federal states, but a variety of laws covers the different levels of local government. Besides the already mentioned Municipal Regulations, there are District Regulations (Landkreisordnung) , depending on the size of the States also on a higher tier Regional Regulations (Bezirksordnung) ; in addition laws about local elections on the different levels (Kommunalwahlgesetz) and the different forms of inter-corporation co-operation (Gesetz über die kommunale Gemeinschaftsarbeit , Zweckvebandsgesetz , Gemeindekassenverordnung (e.g. in Lower Saxony), Gesetz über die kommunale Zusammenarbeit and Verwaltungsgemeinschaftsordnung , Kommunalabgabengesetz (e.g. in Bavaria).
Table of Contents
A. Attribution of competences to different levels of administrative authority in the sphere of local self-government and order management
I. Germany
1. Public Corporations
2. Communal Tasks
a) Genuine Universal Competence of Local Government Corporations
b) Traditional Catalogue of Communal Tasks
c) Structure of Communal Activities
3. Differentiation of Natural Subjects
a) Inhabitants
b) Citizens
c) Foreigners with special Status
4. Communal Organs
a) Communal Organs of the Corporation of Local Administration
aa) Communal Council
bb) Mayor
b) Organs of other Tiers of Local Administration
5. Communal Committees
6. Advisory Boards and Commissions
7. Communal Parliamentary Coalitions
8. Territorial and Organisational sub-divisions
9. Conflicts between Communal Organs
10. Legislative Sovereignty
11. Communal Budget Administration
a) General Principle
b) Principle of Connection
c) Financing of Communal Corporations
d) Control of Communal Budget Calculation
12. Communal Enterprises and Institutions
13. Control of Communal Activities
II. The Netherlands
1. The Role of the Provinces
2. The Functioning of Municipalities
3. Water Boards
III. United Kingdom
1. General Introduction
a) Parishes and communities
b) Boundaries
c) Sizes
d) Ceremonial functions
e) Elections
aa) England and Wales
bb) Scotland and Northern Ireland
2. England
a) Councils and Councillors
b) Officers
c) Functions and Powers
d) Joint-boards
e) Corporation of London
f) Funding
g) Future developments in England
3. Wales
4. Scotland
5. Northern Ireland
B. Variants of authority determination in the sphere of financing
I. Main stages
II. Core factors and conclusion
Objectives and Research Themes
The primary objective of this project is to provide a comparative analysis of local self-government structures in selected EU member states to support the implementation of the law on general principles of organization of local self-government in the Russian Federation. It examines the distribution of administrative competences, organizational structures, and financial models across different levels of local authority in Germany, the Netherlands, and the United Kingdom.
- Analysis of the attribution of competences to local government levels in Germany.
- Comparative review of administrative structures in the Netherlands, specifically provinces and municipalities.
- Examination of the diverse local government system in the United Kingdom, focusing on England, Scotland, Wales, and Northern Ireland.
- Evaluation of financial models and the determination of authority in the sphere of local government financing.
- Identification of core factors and best practices for improving local self-government administration.
Excerpt from the Book
a) Genuine Universal Competence of Local Government Corporations
Within the frame of local self-government, the communal corporations have the competence to administer all tasks affording the local community. This presumption of general competence derives from Article 28 (2) of the German Constitution and can be described in greater detail by a traditional catalogue of communal competences. These are the territorial, organisational, personal management, financial, planning and legislative sovereignty for the local tasks of the own area of competence.
Local government corporations are not limited to activities prescribed by law, but have a genuine competence for activities (eigener Wirkungskreis) within their own sphere of competence, provided that they are equipped with sufficient administrative and financial means to fulfil a certain task that has to be limited to their respective territory (e.g. in Bavaria regulated in Articles 7, 57 of the GO BY). Thus a limited right to generate own areas of activity and competence exists, provided that it does not conflict with other law, especially the national and federal division of competences.
A local government corporation is not allowed to interfere with or to act independently in the sphere of national or federal state competences. The fact that a certain task has a direct effect on a certain local body does not suffice to allow communal activity in these fields, e.g. the payment of family support means, the declaration of a Nuclear Weapon Free Zone or the ban of cigarette advertising are not possible.
Summary of Chapters
A. Attribution of competences to different levels of administrative authority in the sphere of local self-government and order management: This section provides a comprehensive overview of the legal foundations and organizational structures of local government in Germany, the Netherlands, and the United Kingdom, detailing how competences are distributed across various tiers.
B. Variants of authority determination in the sphere of financing: This chapter analyzes the financial aspects of local self-government, outlining the main stages of revenue generation and discussing core factors necessary for modeling sustainable and efficient financing systems in local administration.
Keywords
Local Self-Government, Administrative Authority, Municipal Regulations, Communal Tasks, Public Corporations, Local Government Financing, Federalism, Competence Attribution, Decentralization, Public Administration, Local Elections, Administrative Control, Fiscal Sovereignty, European Standards, Structural Reform.
Frequently Asked Questions
What is the primary purpose of this document?
The document serves as a comparative study of local self-government systems in selected EU member states to assist in the implementation of the law on general principles of local organization in the Russian Federation.
Which countries are covered in the comparative analysis?
The work focuses on the local government structures of Germany, the Netherlands, and the United Kingdom.
What is the central research question regarding competences?
It investigates how administrative competences are attributed to different levels of local government and how the "genuine universal competence" of local corporations is defined and limited by national and state laws.
What scientific approach does the author use?
The author employs a comparative legal and structural analysis, examining municipal regulations, constitutional foundations, and financial management practices within European countries.
What are the main topics discussed in the German context?
Key topics include the structure of public corporations, communal tasks, the differentiation between inhabitants and citizens, communal organs like the mayor and council, and the principles of budget administration.
What characterizes the financial analysis in the final section?
The final section explores the transition from centralized to decentralized finance systems, highlighting the necessity of clear budget procedures and the modeling of revenue bases for local governments.
How is the "Principle of Connection" explained in German local law?
The Principle of Connection (Konnexitätsprinzip) dictates that if a higher level of government imposes an administrative task on a local corporation, it must simultaneously allocate sufficient financial means to the respective local tier to fulfill it.
How does the UK local government system differ from the German model?
Unlike the more uniform communal regulations in many German states, the UK system is characterized by high complexity, featuring a mix of unitary authorities, counties, districts, and distinct devolved administrations in Scotland, Wales, and Northern Ireland.
What role do "Water Boards" play in the Netherlands?
Water boards are the oldest basis of local government in the Netherlands, specifically responsible for the essential management of water levels, which is crucial for areas situated below sea level.
What does the "Double Devolution" concept in the UK imply?
It refers to the policy of granting more powers to local councils while simultaneously devolving further responsibilities from town halls down to local community levels to increase public accountability.
- Quote paper
- Wolfgang Tiede (Author), 2007, Criteria for the Appropriate Solution of Problems of Local Importance in Selected EU-Member States, Munich, GRIN Verlag, https://www.hausarbeiten.de/document/169289
