Parish
Community membership is a legal technical term from the 19th and the beginning of the 20th century in the municipal regulations of that time in Germany; z. In some cases, community membership is also regulated in separate laws. Essentially, it consisted of the right to participate in the public institutions of the community and the duty to bear the community burdens; it related to the (at that time did not allow) freedom in the earlier civil communities (as opposed to today's population municipality). Membership in the community entitles them to settle in the community, to marry, to do business, to acquire land, to have a share in the common property . Furthermore, in the case of need of help, also in the case of a longer absence from the community, to take support from it; on the other hand, it obliged them to obey the statutes of the community and to bear the community's public burdens.
History of parish membership and civil rights
Since the beginning of the modern era (around 1500), the difference between community members (inmates, those entitled to homeland) and community citizens on the one hand and protection relatives on the other had developed. The legal structure that still exists in Switzerland today, both as a civic community as a cooperative corporation and a political community as a resident community , essentially coincides with the legal situation that existed in Germany until the First World War, even if this was gradually replaced by a series of legal regulations (esp. Freedom of movement, freedom of trade) was gradually changed towards the resident community.
As early as after the French Revolution in 1789, the distinction was gradually abandoned in Baden and the areas on the left bank of the Rhine ( Palatinate (Bavaria) , Rhine Province ), rights and obligations arose directly by law through the acquisition and loss of the residence of a national in the municipality without special admission actions ( = Principle of the resident community). This innovation was adopted more and more by the German states in the course of the 19th century. The freedom of establishment was essentially due to the Freedom of Movement Act of November 1, 1867 in the North German Confederation. In some cases there was still a formal admission, but this could only be refused to a German under precisely defined conditions, e.g. B. due to disability.
Acquisition and loss of parish membership
Community membership was acquired either through the marital birth of or in the case of marriage to a community member or through admission (a non-resident); it was lost through voluntary abandonment or exclusion (for crime, etc.). On the other hand, civil rights, which - based on community membership - in particular entitle them to exercise political rights (voting rights) and to hold office, were conditional on the fulfillment of certain other requirements (age, male gender, possession of a family property or branch of food) etc.) bound.
Protection relatives (permissionists)
In addition to the community members, there were those who had settled in the community as so-called protection relatives (formerly also called permissionists), who did not have the rights that community members and community citizens had, in particular not the right to operate a trade.
Citizenship
Acquisition and loss of citizenship
The civil right (local citizenship, community law) was the right to vote, to vote and to be elected in community matters and to participate in the community's assets; Many municipal laws linked citizenship to admission by the municipal authority and admission authorization to certain conditions, e.g. B. Home law or two years of residence in the municipality, combined with tax payment. In some countries, the municipality was also allowed to levy a fee for granting citizenship, for example in Saxony, Kurhessen (even after it was incorporated into the Prussian state until the 20th century), some Thuringian states and Bavaria on the right bank of the Rhine. For participation in the citizen benefit ( commons ) usually also had a special feed money to be paid.
Special legal relationships in Baden, the Palatinate and Rhine Prussia
In Prussia, Baden and the Bavarian Palatinate, the principle of the community of residents existed (as is the case today in all German states), according to which, under the legal requirements, community citizenship was acquired through settlement and residence in the community area without special and express inclusion in the community association.
In all German states, only citizenship was a prerequisite for acquiring citizenship, either by virtue of law (general) or through a special act of acceptance (through individual measures).
Individual evidence
- ↑ For example in Kurhessen (Hessen-Kassel): §§ 9-19 of the municipal regulations of October 23, 1834 for the cities and rural communities of Kurhessen, collection of laws etc. for Kurhessen ( kurhess GS), 1834, pp. 181, 183 -186.
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↑ ZB for Württemberg: Law regarding membership of the community of June 16, 1885, with correction of March 30, 1886. (Reg.Bl, p. 145);
Digitized - ↑ Regulations on the remainder of such shares in the municipal assets still exist today in the municipal ordinances of the federal states on the municipal assets or the municipal class assets, e.g. B. Section 115 of the Hessian Municipal Code (HGO) in the version published on March 7, 2005 GVBl. I 2005, 142
- ^ A b Wilhelm Merk: German administrative law. § 25: Territorial self-government. Duncker & Humblot, Berlin 1962, ISBN 3-428-01024-8 , p. 664.
- ^ Law on freedom of movement of November 1, 1867, Federal Law Gazette of the North German Confederation, 1867, pp. 55–58.
- ^ Parish membership . In: Meyers Großes Konversations-Lexikon. 6th edition. 1905-1909.