Single-space

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The principle of one-room allocation is an administrative-related organizational principle with effects on the local and material competence of state authorities as well as the layout of the local authorities (municipalities, districts and districts) in Germany.

The principle of granting status plays a role in the functional administrative reform , especially of the state middle authorities .

Public administration

Fig. 1: Scheme of the three-stage administrative structure in the territorial states. The general administration (1st level) is shown in brown, the special authorities (2nd and 3rd level) are shown in beige.

Historical development

In connection with the administrative structure of Germany , the principle of single- area jurisdiction means that the local area of ​​responsibility of the general authorities and the special authorities as well as the various special authorities should be territorially congruent and that these different authorities should be responsible for one and the same geographical area ("administrative geographic congruence"). Cutting through the individual administrative units (municipalities, districts or districts) should be avoided.

For political reasons such as Germany's small states, as well as with regard to their history and historical function, the territorial layouts of the general and special authorities in Germany are actually not congruent.

Since the Prussian City Code of 1808, the general administration has been characterized by interdisciplinary responsibility for a certain area ("all matters of the local community " according to Art. 28 GG) (area organization), the special authorities, however, by certain specialist responsibilities (task organization).

With the Stein / Hardenberg reforms in 1808 , in addition to local self-government , the intermediate state authorities between the highest state authorities ( ministries ) and the sub-authorities ( municipalities ) - referred to in Fig. 1 as administrative districts - were introduced. To this day, they serve to bundle department-specific decisions and the need for minimum coordination of state tasks.

The authorities of the State of appeal are referred to regional differences, so in Baden-Wuerttemberg and Saxony as regional councils , in North Rhine-Westphalia and Lower Saxony (until its abolition in 2005) and district governments , in Hesse as administrative districts in Bavaria as governments , in Thuringia and since 2004 in Saxony-Anhalt as state administrative offices and in Rhineland-Palatinate as directorates .

According to the principle of unity of administration , expressly mentioned, for example, in Article 77, Paragraph 2 of the Bavarian State Constitution, it is desirable on the one hand to bundle and concentrate the various tasks of the special authorities under the umbrella of a single authority. "Bundling means [here] the processing of a problem from different perspectives, taking into account the various disciplines. It means bringing in a wide range of expertise, coordination, but also the search for a compromise. ”A practical example is the coordination of local planning in the plan approval procedure in accordance with Section 75 (1) VwVfG (so-called institutionalized reconciliation of interests).

On the other hand, the more than 200 year old three-tier administrative structure is to be optimized, streamlined and made more efficient in view of increasing budget consolidation.

Regional and functional reform of the central authorities

Fig. 2: Government districts in Germany, as of August 1, 2008 (including the former government districts in Lower Saxony, Rhineland-Palatinate, Saxony and Saxony-Anhalt)

In the 1990s, with the new public management, a number of internal administrative modernization measures were first implemented at the municipal level ( new control model ).

In the 21st century, reform activity has expanded to the level of the federal states.

The reform of the administrative districts has led to various restructuring of the distribution of tasks between the various public administration bodies in the individual territorial states .

Reform instruments

A concentration and streamlining of the direct state administration is sought by

  • the dismantling of double structures consisting of special authorities and intermediate bodies (merging of authorities)
  • Use of communalization potential (transfer of tasks to municipalities and districts as an order issue or mandatory tasks to fulfill according to instructions)
  • Task privatization
  • Customer- and citizen-oriented design of procedural routes and procedural times, for example through the sectoral or temporary elimination of the objection procedure or the elimination or relocation of approval and notification procedures
Reform models

In Lower Saxony, Schleswig-Holstein, Brandenburg, Saarland and Mecklenburg-Western Pomerania, the tasks of the intermediate authorities were shifted to the upper state authorities or to local authorities and districts. The state of Lower Saxony, for example, completely abolished its district governments on January 1, 2005.

In Bavaria, Hesse, North Rhine-Westphalia, Baden-Wuerttemberg, Saxony, Saxony-Anhalt, Thuringia and Rhineland-Palatinate, on the other hand, the intermediate authorities were subjected to a comprehensive task review. Unnecessary tasks were partly privatized, partly handed over to districts and municipalities, the intermediate authorities partly functionally realigned or their tasks were strengthened through the integration of lower and upper special authorities (so-called concentrated three-tier structure).

Legal regulation

The principle of one-rooming is legally mentioned in Section 3 (2) of the State Organization Act in the State of Brandenburg:

"The principle of granting is to be observed. The areas of responsibility and the regional internal organization of the state authorities and institutions of the state as well as the state companies are to be defined in such a way that they match the administrative structures at the district and communal level, unless there are predominantly technical reasons to the contrary. "

and Section 3 (3) of the Organization Act for the State of Mecklenburg-Western Pomerania:

"The administrative tasks to be carried out by the state authorities should be carried out in a bundled manner (unit of administration), provided that this is appropriate or promotes the effectiveness and efficiency of the performance of tasks Establish state authorities ( granting the administration ), insofar as this serves the purpose of fulfilling tasks. "

Examples

Thuringia

With the administrative reform of 1952 , the federal states were abolished in the GDR and replaced by 14 district governments. With the accession of the GDR to the scope of the Basic Law in 1990, a return was made to the division of the East German states into districts. Since 1994, the Free State of Thuringia has had four state planning regions, seven agricultural offices, eight police departments, five state school offices, twelve tax office districts, 23 rural districts and urban districts, 961 municipalities and 29 forestry office districts. The delimitation of the task areas in the sense of a single-area administration of state and communal tasks is by no means uniform here.

North Rhine-Westphalia

With a few exceptions, the North Rhine-Westphalian police are granted area-wide coverage at the level of the districts and urban districts.

Binding land-use planning

In building planning law , the principle of single-area coverage means that the scope of one development plan must not overlap with the scope of another development plan. In the case of a planned collision is by design based on the general rules of conflict of law rules to determine what is going on schedule. In principle, the plan drawn up later takes precedence over the earlier one (principle of posteriority).

See also

Web links

Individual evidence

  1. ↑ Bavarian Administrative School (BVS): Basic principles of administrative organization , p. 15, 4.3 and 4.4
  2. ^ Thomas Ellwein : The dilemma of the administration. Administrative structure and administrative reforms in Germany . Mannheim, Leipzig, Vienna, Zurich, 1994, p. 56
  3. ↑ Marcus Dittrich: Bundle and direct. The Kassel regional council between administration and design . kassel university press, 2008
  4. ^ Constitution of the Free State of Bavaria
  5. ↑ Hämmerle: Administrative structure - do we need a middle administrative level in a large state like Baden-Württemberg? , in: Die Gemeinde 13/97, pp. 423-426
  6. ↑ Organizational plan of the government of Upper Bavaria, as of July 2015
  7. ↑ Carsten Brenski, Armin Liebig (ed.) On behalf of the General Administrative Organization Subcommittee of Working Group VI of the Conference of Interior Ministers:Activities in the field of state and administrative modernization in the federal states and in the federal government 2004/2005 . Speyerer Research Reports 250, 2007; Joachim Jens Hesse , Alexander Götz: State reform in Germany - the example of the federal states , Journal for State and European Sciences (ZSE) 4/2003, pp. 579–612; ZSE 1/2004, pp. 106-143
  8. ^ Ministry of the Interior of Baden-Württemberg: The new administrative organization in Baden-Württemberg
  9. ↑ in Germany: Isabelle Ewald: Privatization of State Tasks Brühl / Rhineland 2004
  10. ↑ in Austria: Thomas Trentinaglia: Local authorities as entrepreneurs - privatization, outsourcing, loan to Johannes Kepler University Linz WS 2013/2014
  11. ↑ in Switzerland: Felix Uhlmann: Private law administrators ( memento of the original from July 25, 2015 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. University of Zurich, 2012 @1@ 2Template: Webachiv / IABot / www.rwi.uzh.ch
  12. ↑ Jörg Bogumil, Falk Ebinger: Lower Saxony: The abolition of the district governments in Lower Saxony - and what Baden-Württemberg can learn from it RP REPORT 4/2012, p. 22 ff.
  13. ↑ Overview of the state organization laws of the federal states
  14. ↑ Law on the organization of state administration (Landesorganisationsgesetz - LOG) of May 24, 2004 (GVBl.I / 04, No. 09, p.186), last amended by Article 2 of the law of July 10, 2014 (GVBl.I / 14, No. 28 )
  15. ^ Organization Act for the State of Mecklenburg-Western Pomerania - State Organization Act - LOG MV of March 14, 2005
  16. ^ Matthias Gather, Martin Geßner: Area layouts of the public and semi-public administrative structures in the Free State of Thuringia: Possibilities and limits of a one-room administrative structure . Reports of the Institute for Transport and Space at the University of Applied Sciences Erfurt , Volume 12 (2012)
  17. ↑ Community police - Shaping demographic change ( Memento of the original from July 25, 2015 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. . Results report of the expert commission, 2015 @1@ 2Template: Webachiv / IABot / www.mik.nrw.de
  18. ↑ JuraMagazin, Technologiezentrum Dortmund (TZDO): Keyword competition for planning approval