Transferred sphere of activity
Transferred sphere of activity denotes - in contrast to its own sphere of activity - the area of responsibility of a self-governing body (e.g. municipality , district or university ), in which it is merely the executive body of legislation ( laws , ordinances ) of higher-level state units such as the federal states or the Federal Republic of Germany becomes active.
They are mainly used in local law in the German states with a dualistic task structure (e.g. Bavaria , Mecklenburg-Western Pomerania , Lower Saxony , Thuringia ). In countries where the municipalities are monistic about tasks , one speaks of “instruction tasks ” (e.g. Baden-Württemberg , Saxony ) or “mandatory tasks to fulfill according to instructions” (e.g. Brandenburg , North Rhine-Westphalia ).
Transferred sphere of activity using the example of a municipality
The assigned sphere of activity of a municipality includes all state tasks that have been assigned to order management by law or under previous law . These are primarily all measures of traditional Prussian police law , i.e. measures to avert danger . Examples include fire protection measures , building regulations and road traffic law measures.
Within the transferred sphere of activity, the corporation is subject to state supervision . Accordingly, the state for which these tasks are performed has the right to issue individual instructions.
- Transferred sphere of activity (Austrian municipal law)