Task monism

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Task monism describes a form of public administration at local level that has been chosen in some German federal states .

The one-tier model is opposed to the dual-tier range of tasks that traditionally applies in Germany and is still applicable today in many federal states . According to this, a distinction is made between self-administration and contract matters. The self-administration matters are those that are perceived in the community's own sphere of activity . These are the affairs of the local community. The order matters, however, are those in the assigned sphere of activity . In contrast to one's own affairs, they are of a supra-local nature. The state only uses the municipalities here to carry out state tasks.

This dualism of tasks has met with criticism because of the difficulties in demarcating the two self-administration and commissioning matters. Based on the so-called Weinheim draft of the interior ministers in cooperation with the municipal umbrella organizations from 1948, this dualistic differentiation was abandoned in some federal states and replaced by a uniform area of ​​municipal tasks.

Today the task monism only applies in some federal states:

According to this, the municipalities are the sole bearer of public administration in their area (Art. 78 II LVerf NW). All tasks in the municipality are basically performed by the municipality alone and on its own responsibility, unless the law stipulates otherwise. The municipalities can, however, also be obliged to fulfill certain tasks according to this model. These so-called mandatory tasks can also be imposed to fulfill according to instructions (so-called instruction tasks)

A distinction is thus made between different types of tasks, namely the free tasks, the compulsory tasks and the instruction tasks, also according to the monistic model.

Since the free tasks and the compulsory tasks largely coincide with the traditional self-administration tasks (here, too, a distinction is made between voluntary and compulsory self-administration tasks), it is stated that the Weinheim conception does not bring any fundamental innovation compared to the dualistic model. In the opinion of proponents of the task monism, however, this leads at least to legal clarification and postponement in favor of the municipalities.

literature

  • Hartmut Maurer: General administrative law . 13th edition. Munich 2000, § 23 Rn. 8 ff.

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