Article 91a of the Basic Law for the Federal Republic of Germany
Article 91a of the Basic Law of the Federal Republic of Germany (participation of the Federation on the basis of federal laws) is an article of Section VIIIa (joint tasks, administrative cooperation) of the Basic Law of the Federal Republic of Germany . Articles 91a - 91d regulate the joint tasks of the Federation and the Länder .
text
(1) The federal government shall participate in the fulfillment of tasks of the federal states in the following areas, if these tasks are significant for the whole and if the assistance of the federal government is necessary to improve living conditions (joint tasks):
- 1. Improvement of the regional economic structure ,
- 2. Improvement of the agricultural structure and coastal protection.
(2) The joint tasks and details of coordination are specified in more detail by federal law with the consent of the Bundesrat.
(3) In the cases of subsection 1 no. 1, the federal government bears half of the expenditure in each state. In the cases of paragraph 1 No. 2, the federal government bears at least half; participation is to be set uniformly for all countries. The law regulates the details. The provision of funds is reserved for determination in the budget plans of the federal and state governments.
Explanation
Tasks of the federal states become joint tasks if these tasks are of importance for the whole. In these cases, the federal government is involved in the framework planning and financing. This results in mixed financing. The basis for federal participation is that it is necessary to improve living conditions.
The federal government bears 50% of the expenditure for improving the regional economic structure. This applies to all regional measures within the framework of structural policy .
The federal government bears at least 50% of the expenditure for improving the agricultural structure and coastal protection.
Although the federal government is involved in the financing of the tasks, the areas declared to be joint tasks remain tasks of the states.
history
In the mid-1960s, the so-called Tröger Commission developed the term cooperative federalism , which describes the tendency for the federal and state governments to perform public tasks together. The Basic Law of the Federal Republic of Germany did not provide for these joint tasks, so a constitutional amendment was necessary.
Article 91a came into force on January 1, 1970. Initially, in addition to promoting the regional economic structure, the agricultural structure and coastal protection, the new construction and maintenance of scientific universities including university clinics were also included. On August 6, 1970 the term "scientific" was deleted. As part of the federalism reform, federal competencies were reorganized. The higher education sector was removed from the article. The universities are now basically the sole responsibility of the federal states. The distribution of tasks in cases of supra-regional importance has been reorganized in Article 91b.
criticism
Initially, the federal states criticized the restricted scope for action due to federal intervention. In general, cooperative federalism is accused of political interdependence tending to self-block. Fritz W. Scharpf spoke of a trap here in 1985 .
Individual evidence
- ^ Legal information service dejure.org. Article 91a
- ↑ Older versions of the article on LEXETIUS
- ^ Definition of cooperative federalism - Gabler Wirtschaftslexikon
- ↑ Definition of joint tasks - Gabler Wirtschaftslexikon
- ↑ Fritz W. Scharpf: The political entanglement trap. European integration and German federalism in comparison. In: Politische Vierteljahresschrift 26 (1985), pp. 323–356.
