Deputation (Bremen)
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Deputations in the Free Hanseatic City of Bremen are administrative committees of the Bremen citizenship to control the authorities of the state and the municipality of Bremen. In contrast to pure parliamentary committees, they also include senate representatives and citizens who are not members of the citizenship but are elected by parliament.
Legal basis, structure and tasks
The Bremen deputations form a constitutional peculiarity, based on the citizens' demand for more participation in the first half of the 18th century. It is an example of the law of deliberation . Article 129 of the state constitution of the Free Hanseatic City of Bremen justifies the appointment of deputations. The Bremen Deputations Act (DepG) determines more precisely.
According to the DepG of June 30th, 2011, which was decided in the 2nd session of the 18th citizenship, the citizenship (Landtag) and city citizenship decide on the establishment and composition of the deputations for their respective areas. The law stipulates that the responsibilities of the deputations should be based on the division of responsibilities of the Senate.
Members of the deputations
The deputations consist of the senate member responsible for the administrative branch and the representatives of the citizenry. The citizenship elects its representatives according to the proposals of the parliamentary groups, whereby the distribution of seats in the deputations is determined according to the strength of the parliamentary groups. The representatives in the state deputations are elected by the state parliament, the representatives in the city deputations by the city citizenship. If a parliamentary group is not represented in a deputation, it can send a parliamentary group member to the deputation without voting rights.
The representatives of the citizenship elect a speaker from among their number, who is also chairman of the deputation. An office for the responsible deputations will be set up in each of the Senate departments.
eligibility
In contrast to conventional parliamentary committees, citizens who are not members of the citizenry (deputies) can also be elected as representatives of the citizenry. It is possible to elect who can also be elected to the citizenry. The rules of the incompatibility of office and mandate of citizenship (separation of powers) apply accordingly to the deputies. In addition, employees in the branch of administration for which the deputation is responsible cannot be elected.
Gatherings
The deputations usually meet in public. You decide with a majority of votes. In contrast to Hamburg, in the event of a tie, the chairman's vote is not decisive and the chairman has no right of objection to the Senate. In matters that do not go to the citizenry, the Senate representative can request a new referral within two weeks if he is absent or if he is subject to the vote; If the result remains the same, the Senate can apply for a resolution from the citizenship within two weeks.
Duties and rights
The deputations deliberate and decide on the affairs of their branch of administration; The constitutional principle of the separation of powers must be observed. They are involved in the budget preparation process in an advisory capacity and they report to the citizenship and the Senate.
The representatives of the citizenry can at any time inspect the facilities of the administrative branch for which the deputation is responsible and obtain information on the deputation's work from the administration of this area. Furthermore, they are to be granted access to files within a legally stipulated framework.
In addition, the citizenship can delegate its powers, with the exception of final legislation, to the deputations.
history
It is not documented when deputations were first formed in Bremen. In different compositions and with varying influence, they served to balance interests between the Council and the Citizens' Convention . In 1738 the Citizens' Convention enforced the formation of a financial deputation from 32 citizens against the Senate. The formation of the thirty - two deputation, which existed until 1766, is called a new constitutional fact. The state calendar of 1741 records over 20 deputations. At the end of the 18th century, it became the rule for councilors and citizens to form deputations. The constitutions of 1849, 1854 and 1920 prescribed the formation of deputations. There were no deputations during the Nazi era .
The role of the finance deputation in the 1931 financial crisis
On October 9, 1931, the Bremen citizenship spoke about the events that had led to the endangerment and loss of considerable state funds. The basis was a communication from the Senate dated October 2, 1931, which was based on a report by the “Committee to Examine the State of the Treasury”.
It was stated that according to Bremen law, it is not the Senate but the citizenship that is responsible for the approval of bonds for extraordinary needs of the state. The bourgeoisie had, however, disempowered itself since 1923 by authorizing the finance deputation to take out loans for the state. She later renewed this authorization every two years. By using the state loans to inject liquidity into the economy, they have created a pseudo-bloom of the economy.
Very soon the demand arose that senators and members of parliament would have to be held liable for their decisions in the future. In the meeting of February 26th and March 18th, 1932, this demand was made more precise, on May 27th, 1932 a corresponding law “Liability of Members of the Senate and Authorities” was discussed, which was then rejected in a roll call with 58 against 36 votes.
1948-2015
Up to and including the 17th electoral term of the citizenry, the structure of the deputations was directly determined by law. The deputations were formed by the branches of the Bremen administration named in the DepG. The assignment was independent of the division of tasks in the Senate, so that several deputations could exist for one department or one deputation affected the responsibility of several Senate departments. The law last wrote for the administrative branches
- Education,
- Construction and transport,
- Environment and energy,
- Work and health,
- Social, youth, senior citizens and foreigner integration,
- Interior,
- Culture,
- Sports,
- Economy and ports and
- Fishing port
the formation of deputations. State deputations were formed for the affairs of the country. For the municipal tasks of the city of Bremen, city deputations have been set up, but not for the fishing port, as city Bremen is not responsible for this. There were therefore a total of 19 deputations.
The deputations consisted of the senator responsible for the administrative branch as chairman, another representative of the senate and the representatives of the citizenry. The citizenship elected 11 representatives to each deputation, but 13 each to the state deputations for education and for the fishing port.
Up to and including the 18th legislative period, the responsible Senate members chaired the deputations. By law of July 28, 2015, the chairmanship falls to the speakers of the deputations. This is intended to strengthen the democratic control of the Senate departments.
Deputation on the Internet
Since September 2011, the dates and meeting documents have been published on the deputations' websites. The administration should publish the information in good time before the meeting.
- Deputation for education appointments and documents
- Deputation for health appointments and documents
- Deputation for internal affairs and sports appointments and documents
- Deputation for culture appointments and documents
- Deputation for social affairs, children and youth appointments and documents
- Deputation for the environment, construction, traffic, urban development and energy Dates and documents
- Deputation for economy, work and ports. Appointments and documents
Deputations of the 19th electoral term
The citizenship (state parliament) and the city citizenship have each set up a state and a city deputation for the following branches of administration:
- Education and children,
- Environment, construction, transport, urban development, energy and agriculture,
- Health and consumer protection,
- Social affairs, youth and integration,
- Interior,
- Culture,
- Sports,
- Economy, work and ports.
Thus a total of 16 deputations were used. Each deputation has 11 - the state deputation for economy, labor and ports 13 - members elected by the citizens.
Individual evidence
- ↑ Deputations. bremische-buergerschaft.de, accessed on May 18, 2011 .
- ↑ Article 129. In: State Constitution of the Free Hanseatic City of Bremen. Law portal Bremen, accessed on February 17, 2010 .
- ↑ Law on deputations of June 30, 2011. Transparency portal Bremen, accessed on April 15, 2016 .
- ^ Herbert Black Forest: History of the Free Hanseatic City of Bremen . 2nd Edition. tape I . Edition Temmen, Bremen 1995, ISBN 3-86108-283-7 , p. 476-492 .
- ↑ The sources name 22 or 43 deputations.
- ^ Herbert Black Forest : The Great Bremen Lexicon . 2nd, updated, revised and expanded edition. Edition Temmen, Bremen 2003, ISBN 3-86108-693-X .
- ↑ Werner Kloos , Reinhold Thiel : Bremer Lexikon . 3. Edition. Hauschild Verlag , Bremen 1997, ISBN 3-931785-47-5 .
- ↑ Friedrich Gläbe: Bremen then and now . Verlag Eilers & Schünemann, Bremen 1966, p. 53 .
- ↑ Minutes of the Bremen citizenship meeting
- ↑ Law on Deputations. In the version dated January 20, 1972. Transparency portal Bremen, accessed on April 15, 2016 .
- ↑ Law Gazette No. 84/2015 of July 29, 2015 (PDF). (No longer available online.) State portal Bremen, electronic legal gazettes, formerly in the original ; Retrieved August 5, 2015 . ( Page no longer available , search in web archives ) Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.
- ↑ Access to documents from deputation meetings for everyone The Bremen Transparency Offensive. weser-kurier.de, accessed on November 17, 2013 .
- ^ Minutes of the decision of the 3rd session of the citizenship (Landtag). bremische-buergerschaft.de, accessed on August 5, 2015 . Minutes of the decision of the 2nd meeting of citizenship. bremische-buergerschaft.de, accessed on August 5, 2015 .