District Day (Bavaria)

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The district assembly is the representation of the citizens in a Bavarian district directly elected by the people and at the same time the highest body of the district. District days exist in the seven districts of Bavaria, namely Upper Bavaria , Lower Bavaria , Upper Palatinate , Upper Franconia , Middle Franconia , Lower Franconia and Swabia .

history

Royal decree of September 24, 1816, on the reconstitution of the former French Departmental Council under the new name "Landrath"

The Bavarian District Days arise directly from the revolutionary French legal system.

The German areas on the left bank of the Rhine were occupied by the French from 1793 and legally belonged to France from 1797. There was also the part of Palatinate-Bavaria on the left bank of the Rhine , which was incorporated into the newly established Département du Mont-Tonnerre with its seat in Mainz . As in every French department, there was the “ Conseil général ” (General Council) as an advisory body for the lower administrative level.

In 1816 about half of the Département du Mont-Tonnerre fell to the Kingdom of Bavaria and was later given the name Rheinkreis or Rheinpfalz . The locals saw the French establishment of the “Conseil général” as appropriate for the development of the region and wanted to keep this council body under the new political conditions. In particular, the first district president, Franz Xaver von Zwack , supported the Bavarian government in this regard. King Maximilian I Joseph granted this on September 24, 1816, under the name "Landrath" , as a special status for the new Bavarian part of the country. This is how the “District Councilor of the Rhine District ” came into being , an advisory parliamentary body independent of the district president and the district government. It was made up of representatives from the region and accordingly submitted expert and knowledgeable decisions to the government.

The “district councils” were introduced in 1828 in all Bavarian “districts” (today's districts), based on the Palatine model. The so-called “district councils” followed the institution of the “district council” in the Free State of Bavaria . In 1932 Lower Bavaria and Upper Palatinate were merged. In 1933, not only was the number of members of the district assembly (from 1939 district association) reduced from 25 to 13, but also completely deprived of its democratic representation in the course of the Gleichschaltung.

After the Second World War, only advisory councils were initially formed in the Bavarian administrative districts. By order of the military government, however, there was already a decision-making provisional district representation for the administrative regions of Lower Bavaria and Upper Palatinate from the end of 1945 . In the constitution of the Free State of Bavaria in 1946, the restoration of the districts (literally the "districts") was required. In the summer of 1950, the Bavarian State Ministry of the Interior ordered that an advisory board consisting of 12 members each was to be formed for all government districts (separately also for Lower Bavaria and Upper Palatinate as well as Middle and Upper Franconia ), but that everywhere only advisory and no longer decision-making Should have a function, which met with sharp protests, especially in Lower Bavaria. With the “District Code for the Free State of Bavaria of July 27, 1953”, which came into force on December 1, 1954, the district self-government was renewed as the third municipal level. The districts then received the full right to self-government through the "Law to Strengthen Local Self-Government at District Level of May 24th, 1978".

In the Palatinate , too, there is still the committee of the district days, although it no longer belongs to Bavaria but to Rhineland-Palatinate . Christian David Sturtz , who later became a member of the state parliament , was elected 1st President of this Palatinate District Assembly in Speyer in 1816 and is thus the first District Assembly President (historically "President of the District Council") in Bavarian history.

Electoral procedure, structure

Every five years, the district assembly is elected directly at the same time as the Bavarian state parliament. This election is called district election (colloquially also district election ) and is regulated in the law on the election of district assemblies (District Election Act - BezWG) . Each district citizen has two votes for direct candidates and lists. Until the beginning of 2011, the D'Hondtsches maximum number method was used for counting votes . Since then, the Hare-Niemeyer procedure , which was first used in the 2013 election, has been in force. As is customary in Bavarian municipal electoral law, there is no five percent clause . The members elected in this way are referred to as district councils and determine the main features of the district policy, adopt the budget and elect the district council president from among their number as chairman of the district council and head of the district administration. The district councils work on a voluntary basis.

The district days can form committees. The district committee is stipulated in the district regulations and includes eight district councilors (twelve in Upper Bavaria) in addition to the district council president. Smaller parties can, in order to obtain seats in the committees to committee Communities unite.

The regular size of the district days depends on the number of members of the state parliament who are regularly elected in the respective constituency for the Bavarian state parliament (i.e. without taking into account overhang and compensation mandates in the state parliament). This is currently (as of 2018 election) 61 seats for Upper Bavaria, 18 for Lower Bavaria, 16 for Upper Palatinate, 16 for Upper Franconia, 24 for Middle Franconia, 19 for Lower Franconia and 26 for Swabia. In the districts with regularly uneven numbers of seats, one more MP is elected via the direct mandates than via the lists. Overhang and compensatory mandates in the district days can be added to the specified number of seats.

Responsibilities

Since the districts have been functioning again as local self-government bodies since December 1954, a district assembly is functionally comparable to a city ​​council or a district assembly. They are not superordinate to these communal bodies, but as a "third communal level" responsible for the original tasks of the districts, of which it is assumed that rural districts and urban districts cannot perform themselves:

  1. Health care (institutions for psychiatry, neurology and addicts)
  2. Social affairs (supra-local provider of social assistance for the disabled and elderly citizens in institutions)
  3. Culture and homeland maintenance (open-air museums)
  4. School system (schools for the hearing and speech impaired)
  5. Protection of nature and water (second-order waters and fisheries)

Results of the district elections

Since 1954, the district days have been elected at the same time as the state parliament.

District election 2018

On October 14, 2018, the elections to the 18th Bavarian State Parliament and the 16th district elections took place in Bavaria.

district CSU Green FW SPD AfD FDP left ÖDP BP Francs Animal welfare party total
Upper Bavaria 26th 18th 10 08th 07th 05 03 2 2 - 1 082
Lower Bavaria 09 02 04th 02 03 01 01 1 1 - - 024
Upper Palatinate 07th 02 03 02 02 01 01 - - - - 018th
Upper Franconia 08th 03 03 03 02 01 01 - - - - 021st
Middle Franconia 11 06th 04th 04th 03 01 02 1 - 1 - 033
Lower Franconia 10 04th 03 03 02 01 01 - - - - 024
Swabia 13 06th 05 03 04th 02 01 1 1 - - 036
total 84 41 32 25th 23 12 10 5 4th 1 1 238
district Upper Bavaria Lower Bavaria Upper Palatinate
Distribution of seats
          
A total of 82 seats
         
A total of 24 seats
       
A total of 18 seats
district Upper Franconia Middle Franconia Lower Franconia Swabia
Distribution of seats
       
A total of 21 seats
         
A total of 33 seats
       
A total of 24 seats
         
A total of 36 seats

District election 2013

The 2013 district elections did not result in an absolute majority in any of the seven districts. The distribution of seats after the 2013 election in the individual district days:

district CSU SPD FW Green FDP left ÖDP BP Francs Pirates total
Upper Bavaria 30th 13 6th 8th 2 1 2 3 - 2 67
Lower Bavaria 09 03 2 1 1 - 1 1 - - 18th
Upper Palatinate 08th 03 2 1 - - 1 1 - - 16
Upper Franconia 08th 04th 2 1 - 1 - - 1 - 17th
Middle Franconia 12 07th 3 3 1 1 1 - 1 1 30th
Lower Franconia 09 04th 3 2 1 1 - - - - 20th
Swabia 13 04th 3 2 1 1 1 1 - 1 27

District elections since 1954

The distribution of seats in the seven district days (overall result for all seven districts):

choice CSU SPD FW Green 1 FDP left ÖDP BP AfD Pirates Francs REP NPD GB / BHE 2 KPD Animal welfare party total
2018 084 25th 32 41 12 10 5 04th 23 1 1 238
2013 089 38 21st 18th 6th 5 6th 06th 4th 2 195
2008 090 39 24 18th 14th 5 2 01 193
2003 113 38 10 14th 2 2 1 180
1998 111 65 09 10 1 1 01 6th 204
1994 113 63 15th 03 4th 01 5 204
1990 116 56 14th 08th 1 01 8th 204
1986 123 59 14th 05 3 204
1982 126 67 07th 04th 204
1978 127 67 01 09 204
1974 132 64 08th 204
1970 121 72 08th 01 02 204
1966 101 76 08th 05 14th 204
1962 104 75 09 07th 09 204
1958 101 65 08th 14th 16 204
1954 083 60 13 27 19th 2 204
11978 AUD with password Die Grünen
21962 GDP

In the 2008 election, there were overhang and compensation mandates for the first time, so that in the districts of Upper Bavaria, Middle Franconia and Lower Franconia the number of seats was above the target value.

See also

Web links

Individual evidence

  1. ↑ District Assembly President Sebastian Schenk: Review of 40 years of District Assembly work in Lower Bavaria , review in October 1994.
  2. ↑ Karl Heinz: 150 Years of the Palatinate District Association, Neustadt an der Weinstrasse , 1966, pp. 13–33
  3. ↑ Andreas Ostermeier: Large selection at the urn. Süddeutsche Zeitung , September 13, 2018, accessed on October 12, 2018 .
  4. ↑ Law on the election of district days (District Election Act - BezWG)
  5. ^ Electoral system for the district days in Bavaria. In: Wahlrecht.de. Retrieved September 16, 2013 .
  6. ↑ Ulrich Wagner: Würzburg rulers, Bavarian minister-presidents, chairmen of the district council / district council presidents, regional presidents, bishops, lord mayors 1814–2006. In: Ulrich Wagner (Hrsg.): History of the city of Würzburg. 4 volumes, Volume I-III / 2, Theiss, Stuttgart 2001-2007; III / 1–2: From the transition to Bavaria to the 21st century. Volume 2, 2007, ISBN 978-3-8062-1478-9 , pp. 1221-1224; here: p. 1221.
  7. ↑ According to the preliminary official results, the following allocation of seats results: State and district parliament elections 2018. In: regierung.oberbayern.bayern.de. October 14, 2018, accessed October 14, 2018 .
  8. ↑ https://www.iertel-oberbayern.de/Bezirk/Bezirkstag/Wahlverbindungen-2018/Zammlung
  9. ↑ Archived copy ( memento of the original from October 17, 2018 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www. Bezirk-niederbayern.de
  10. ↑ http://www.bezirkswahl.com
  11. ↑ https://www.regierung.oberfranken.bayern.de/buerger_und_staat/wahlen/ltbt_wahlen.php
  12. ↑ http ://www. Bezirk-mittelfranken.de/index.php?id=513
  13. ↑ https://www. Bezirk-unterfranken.de/presseresort/16516.Der-neue-Bezirkstag-von-Unterfranken-hat-24-Sitze-17.-Oktober-2018.html
  14. ↑ https://www.bayerische-staatszeitung.de/staatszeitung/kommunales/detailansicht-kommunales/artikel/verluster-fuer-die-csu-im- Bezirkstag-von- schwaben.html
  15. ↑ District elections 2013 - overall result, gains and losses and distribution of seats in the constituency of Upper Bavaria. In: bekreis-oberbayern.de. Retrieved October 12, 2018 .
  16. ↑ Press release 313/2013 District election in Lower Bavaria: Preliminary final result. regierung.niederbayern.bayern.de, September 17, 2013, accessed on October 12, 2018 .
  17. ↑ District election 2013 in the Upper Palatinate - preliminary result. be Zirk-oberpfalz.de, accessed on October 12, 2018 .
  18. ↑ Landtag and district elections 2013. regierung.oberfranken.bayern.de, September 18, 2013, accessed on October 12, 2018 .
  19. ^ Middle Franconia district: result of the 2013 district parliamentary elections , accessed on September 17, 2013
  20. ↑ District of Lower Franconia: Result of the district parliamentary elections 2013 ( Memento of the original from September 18, 2013 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. , accessed September 17, 2013 @1@ 2Template: Webachiv / IABot / www. Bezirk-unterfranken.de
  21. ↑ District of Swabia: Archive link ( Memento of the original from September 27, 2013 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. , accessed September 19, 2013 @1@ 2Template: Webachiv / IABot / www. Bezirk-schwaben.de
  22. ↑ BayLfStaD: District elections in Bavaria since 1954. In: wahlen.bayern.de. Retrieved September 16, 2013 .