Municipal code for the state of North Rhine-Westphalia

from Wikipedia, the free encyclopedia
Basic data
Title: Municipal code for the state of North Rhine-Westphalia
Abbreviation: GO NRW
Type: State Law
Scope: North Rhine-Westphalia
Legal matter: Local constitutional law ,
administrative law
Original version from: October 21, 1952
Entry into force on: October 15, 1952
Last revision from: July 14, 1994
Weblink: Text from GO NRW
Please note the note on the applicable legal version.

The municipal code for the state of North Rhine-Westphalia ( GO NRW , until 2007 GO NW) organizes the responsibilities, powers and law of the municipalities and their organs. Together with the district order and the law on communal community work, it forms the communal constitution of the state of North Rhine-Westphalia .

Position of the municipalities

Article 28 GG guarantees the right of the communities “to regulate all matters of the local community within the framework of the law on their own responsibility”. NRW fulfills this federal constitutional mandate by enacting the municipal code as a state law. However, in Article 1, Paragraph 1, Clause 2 of the constitution for the State of North Rhine-Westphalia it is made clear: "The State [North Rhine-Westphalia] is divided into municipalities and municipal associations."

The municipalities are also assigned central tasks and rights in the state constitution (LVerf) in order to institutionally guarantee municipalities and municipal associations as basic units of the regional structure of the state:

  • The administration of the state is in the hands of the municipalities and associations of municipalities, alongside that of the state government. (Article 3 Paragraph 2 LVerf)
  • The municipalities and associations of municipalities are the sole bodies responsible for public administration in their area, unless the law stipulates otherwise (Article 78 paragraph 2 LVerf)
  • The municipalities also have the right to develop their own tax sources. (Article 79 LVerf)

Because of this central position of the municipalities and municipal associations, § 1 of the GO NRW references back: "The municipalities are the basis of the democratic state structure."

history

Previous regulation

The state of North Rhine-Westphalia was established in 1946 by the British occupying power from the Prussian province of Westphalia and the northern part of the Prussian Rhine province ( North Rhine ) and expanded to include the state of Lippe in 1947 . Accordingly, the organization of the municipalities in North Rhine-Westphalia is shaped by Prussia.

After the capitulation on May 8, 1945 , the German municipal code remained in force. The expiry was not provided for in the Control Council Act No. 1 in order to avoid a completely irregular situation in the interests of a functioning local government.

The municipal code came into force in 1952

On October 21, 1952, the state parliament passed the municipal code for the state of North Rhine-Westphalia. Section 116 a) stipulates that “the revised German municipal code in the version of the Annex to Ordinance No. 21 of the British Military Government of April 1, 1946 (Mil.-Reg.ABl. No. 7, p. 127) and the related amendment and supplementary laws passed ”ceases to apply. Section 118 provides that the law will come into force on October 15, 1952.

On October 21, 1952, the state parliament also passed the law amending and supplementing the municipal code for the state of North Rhine-Westphalia. November 10, 1952 was set as the new date for the coming into force of the municipal code for the state of North Rhine-Westphalia. The law amending and supplementing the municipal code for the state of North Rhine-Westphalia was stipulated that it comes into force on the day of publication, and the state government authorized the municipal code for the state of North Rhine-Westphalia in the form required by the changes and additions to the law Version and to publish in a new sequence of paragraphs.

Both laws were published in the Law and Ordinance Gazette, Volume 6, Number 56, on November 4, 1952. In the collection of laws, the municipal code for the state of North Rhine-Westphalia was published on October 28, 1952 (GS. NW, p. 167), which was changed in the following decades and last revised in 1994.

The new municipal code on May 17, 1994 brought a radical change, because it changed the North German Council Constitution , which had been established by the occupying power since 1946, into the South German Council Constitution . This means that there are no more city or community directors and the administration is led by an elected full-time mayor who is also the chairman of the council .

It was last changed by Article 5 of the law of April 11, 2019 (GV.NRW, p. 202).

literature

  • Klaus-Viktor Kleerbaum, Manfred Palmen (ed.): Municipality code of North Rhine-Westphalia. Commentary for municipal practice . Local government association service and consulting company mbH (KPV-DBG), Recklinghausen 2008, ISBN 978-3-940906-00-7 .

Web links

supporting documents

  1. ^ Ministry of Homeland, Local Affairs, Building and Equality of the State of North Rhine-Westphalia : Who does what? In: mhkbg.nrw . 2020, accessed June 11, 2020 .
  2. ^ VGH NRW judgment of June 26, 2001, Az. VerfGH 28/00, VerfGH 30/00, p. 16.
  3. ↑ Ordinance No. 77, Land Lippe. (PDF) In: lwl.org. January 21, 1947, accessed October 7, 2016 .
  4. ↑ 2nd NKF Development Act (GV.NRW. 2018, p. 759)