Community edict

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Administrative division 1808

The municipal edicts were decrees of King Maximilian I and part of the " Revolution from Above " in the Kingdom of Bavaria at the beginning of the 19th century. They were mainly designed by Maximilian Joseph Graf von Montgelas and Georg Friedrich von Zentner .

The background to the reforms was the state of the Bavarian state finances , which required a reorganization of the financial administration and a tax reform. With the establishment of his own constitution , King Maximilian I also anticipated the introduction of the French hegemonic system by Emperor Napoleon Bonaparte in the Kingdom of Bavaria .

First community edict

The first municipal edict of July 28th and September 24th, 1808, had the aim of forming the political municipalities. The parish boundaries should exactly match the tax district boundaries. Uniform land registers were created and the offices were divided into tax districts.

In addition, under Montgelas, the state nationalized the assets and the numerous municipal foundations . It was precisely this that turned out to be a failure, since the decision-making powers had been shifted too much upwards to the ministries, which made the state apparatus too cumbersome. Even under Montgelas, the repatriation of municipal assets to local self-government was tackled. The municipality's self-government was largely restored through the municipal edict of 1818.

Second community edict

The second municipal edict of May 17, 1818 brought the final self-administration of the communities. The administration of the communities was done by a community committee, which was composed of the community leader and the community curator, if necessary also a foundation curator and three to five other community representatives, the predecessors of today's local councils . The communities' own sphere of activity was the administration of the reimbursed community and foundation assets, the admission of citizens, the participation in the approval of trades and certain responsibilities in the church administration and in the primary school system. In the transferred sphere of activity , the municipality was responsible for the local police.

With the municipal dictates, cities and larger markets were combined into municipal communities and divided into three classes according to the number of inhabitants: 1st order cities (such as Munich , Nuremberg or Regensburg ), 2nd order cities (such as Amberg , Weiden ) and 3rd order cities (such as Vohenstrauss , Auerbach , Pegnitz ) or markets (such as Neuhaus , Königstein ).

In addition, rural communities were formed in the country (from 1835 rural communities), which had a community leader at the top. Because of the special rights of the nobility , which continued until 1848 , a distinction between regional and patrimonial rural communities was necessary. Former court marks were usually converted into second-class patrimonial communities, communities subordinate to civil status to first-class patrimonial communities, and all other rural communities were assigned to the regional courts. The more than 8,500 municipalities created with the second municipal edict formed the basic framework of the administrative structure of Bavaria until the regional reform in Bavaria in the 1970s.

literature

  • Horst Clément: The Bavarian municipal edict of May 17, 1818. A contribution to the history of the development of municipal self-government in Germany . Dissertation, University of Freiburg im Breisgau 1934
  • Markus Söder : From old German legal traditions to a modern community edict. The development of municipal legislation in Bavaria on the right bank of the Rhine between 1802 and 1818 . Dissertation, University of Erlangen 1998

Web links

Individual evidence

  1. ^ Organic edict on the formation of communities in the Google book search
  2. ^ Edict on the community in the Google book search
  3. ↑ Ordinance concerning the future constitution and administration of the communities in the kingdom in the Google book search