Own sphere of activity

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The own sphere of activity describes - in contrast to the transferred sphere of activity - the very own area of ​​responsibility, which a self-governing body , for example municipality , district or university , regulates itself through its own legislation (usually statute ).

In municipal law , one speaks of one's own and delegated sphere of activity primarily in the states with a dualistic task structure (e.g. Bavaria , Mecklenburg-Western Pomerania , Lower Saxony , Thuringia ). In the countries with task monism, however, a distinction is not made between spheres of activity, but only according to different types of tasks.

Own sphere of activity using the example of a community

In the Federal Republic of Germany, local self-government has constitutional status in Article 28 (2) sentence 1 of the Basic Law . A municipality's own sphere of activity includes the right to independent internal organization, financial and personnel sovereignty as well as the right to be able to carry out all tasks of the local community independently. These tasks are laid down in the municipal constitutions of the federal states. Prominent examples are the development plans or the rates of assessment for municipal taxes , such as property tax or trade tax . The municipality exercises its right of self-administration through resolutions of the municipality council .

The demarcation from the transferred sphere of activity is difficult in individual cases. The transferred sphere of activity includes B. clearly the passport and registration system. Here the municipality has no legislative option of its own, but merely implements federal and state laws with its residents ' registration office. Often there are state laws to implement a federal law, e.g. B. AGVwGO for the execution of the VwGO .

Legal control

Within its own sphere of activity, the corporation is only subject to state legal supervision , in the case of a municipality to municipal supervision .

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  1. Art. 7 GO
  2. § 2 KV MV
  3. § 5 NKomVG
  4. § 2 ThürKO