Public institution

from Wikipedia, the free encyclopedia

A public body is in the public interest maintained organization , by an official dedication of the residents will be made available and what the community as a carrier the service and technical supervision exercises. In contrast to the public body , the term is not legally defined .

General

The term is to be taken broadly. The quoted judgment of September 1975 concerned the claim of a political party to use a public facility for a major entertainment event ( press festival ). This term also includes, in particular, spaces that are used for large events that serve entertainment. A facility can also be any object that can actually be used; in addition to a single thing , it can also be a whole or just part of a thing. Public facilities are also sports fields , parks , green spaces , fairgrounds and “leisure facilities of all kinds”. However, this does not include things in common use , such as public roads . The purpose as well as the type and scope of use are determined by the dedication.

Institution for services of general interest

The vast majority of public facilities are provided by the municipalities as part of general interest services. Unless these are facilities to be provided within the scope of mandatory tasks , the municipality is free to decide on the creation or maintenance of public facilities. For example, if the financial situation so requires, it can close the library , museum , theater , sports field or swimming pool , but not the school or the cemetery . The choice of organizational form is also fundamentally optional . Unless, as an exception, there is a legal obligation to organize under public law , the facility can also be operated in a legal form under private law . Possible forms of organization are therefore in addition to an institution or foundation under public law , a government or a proper operation even GmbH , AG , etc. For their public utilities or at least their transport operators have chosen the vast majority of municipalities now a form of private law.

Right to use

According to the municipal regulations of the federal states , all residents of the municipality have a fundamental right to use the public facilities of the municipality. The municipal ordinances understand this as the institutions created by the municipalities necessary for the economic, social and cultural care of their residents (e.g. § 8 Abs. 1 GemO NRW), whereby the residents, legal persons and associations of persons are granted a right of use (§ 8 Abs. 2 and para. 4 GemO NRW). Economic support is provided in particular by utility companies and business development agencies, social support primarily by the social welfare office and cultural support by the communal cultural sovereignty . Forums based in the municipality are also on an equal footing with the residents .

According to the two-stage theory, this right of use is always of a public law nature, even if the facility is operated under private law. In any case, he is to be sued through administrative channels. Restrictions may result from the purpose of the dedication or from the usage regulations. If the demand exceeds the capacity of the facility, the selection process must be based on objective criteria because of the principle of equality . For example, the greyhound principle , the rotation principle or the lottery procedure are permitted . Allowing other people to use a facility is at the municipality's discretion.

Banking law

Public institution is a legal term in banking law that appears in the Capital Adequacy Ordinance (CRR; here Art. 214 Paragraph 2c). According to Art. 116 (4) CRR, their counter-guarantee may be treated like public guarantees . It is a “public body” which, according to Art. 4 No. 8 CRR, represents a non-commercial administrative body “which is supported by central states, regional or local authorities or by authorities that perform the same tasks as regional and local authorities or a non-profit making enterprise owned, established and promoted by central government or regional or local authorities with an express guarantee of liability and may include self-governing bodies governed by public law subject to public oversight ”.

See also

literature

Individual evidence

  1. ^ OVG Münster , NJW 1976, p. 820
  2. ^ NJW 1976, 820 , 821
  3. ↑ OVG Münster, NJW 1976, p. 821
  4. ↑ Hans J. Wolff, legal forms of communal institutions, in: Archive Communal Science, 1963, pp. 149 ff.
  5. ↑ cf. also § 30 Abs. 1 NKomVG , § 14 Abs. 2 GemO RLP or § 20 HGO
  6. ↑ BVerwGE 32, 333