Community reform in Brandenburg 2003

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The municipal reform in Brandenburg led to the dissolution of most of the existing offices and the formation of larger municipalities. It was mainly regulated by six laws of the state of Brandenburg and other voluntary agreements between the municipalities, all of which came into force on October 26, 2003.

Since the reorganization laws often led to the involuntary loss of independence, some municipalities lodged constitutional complaints with the constitutional court of Brandenburg , which were ultimately unsuccessful.

backgrounds

Starting position

On December 31, 1999 there were 1,479 municipalities in the state of Brandenburg, of which 861 had fewer than 500 inhabitants, which corresponds to a share of 58.2%. In addition, the federal state of Brandenburg has a rather low population density overall. This led to difficulties with regard to local self-government , which is why many municipalities merged into offices in the course of 1992 and a district reform was carried out in December 1993 . In 1999, 1,413 municipalities were administered in one of the 152 offices, as opposed to only 62 municipalities and four independent cities. According to Section 3 (1) AmtsO, the population of an office should not fall below 5,000 inhabitants, but this was the case for 28 offices, especially in the outer development area of ​​Brandenburg.

In addition, the social development led to a break in the sociological unity of the communities, since many residents worked outside their home communities, children attend schools in other communities and leisure activities are also carried out outside of their home community. Another problem was the financial situation of many Brandenburg municipalities. Municipalities with fewer than 1,000 inhabitants in particular had little room for maneuver due to the contributions to the offices and districts. In addition, there was a decrease in willingness to participate in voluntary co-administration, especially in the smallest communities with less than 500 inhabitants. In the local elections on September 27, 1998, a third of all small municipalities did not elect their municipal council, as only the minimum number of candidates was available for the local election. In addition, there was no direct election of a mayor in 130 municipalities with fewer than 500 inhabitants. Another problem presented the disparities between the Berlin hinterland and rural areas. The rural area is about 80% share of the total by far the greater part of Brandenburg is, however, only 28% of the population live here, so there are few top and middle centers there. In 12 of the 152 Brandenburg offices, the administrative location was not part of the office. In the case of offices that encompass unofficial cities and municipalities, residents also often migrate to the surrounding areas, so that the tax revenues of the municipalities concerned decrease.

implementation

In September 2000 the Brandenburg state government presented the "Guidelines for the Development of the Community Structure in the State of Brandenburg", in which three models were considered. Offices that have a settlement core and have more than 5,000 inhabitants should be merged into municipalities that are free of office. If there is no central settlement core, the model of the office should be retained, especially in rural regions. However, offices should only be formed if no criterion for the formation of an office-free community can be met. Further conditions for the formation of an office were a population of more than 5,000 and a number of at least three and a maximum of six municipalities belonging to the office, whereby the maximum number of municipalities may be exceeded if the office falls below the minimum number of inhabitants of 5,000. In addition, in the case of municipal mergers, it should be noted that each municipality should have at least 500 inhabitants. The latter solution involves the incorporation of civil parishes into urban centers.

The municipal area changes should, if possible, be achieved on a voluntary basis, which is why the municipalities were supported by financial incentives. On March 16, 2001, the “Law to Reform the Municipal Structure and Strengthen the Administrative Power of the Municipalities of the State of Brandenburg” came into force, in which changes were made to the municipal and official ordinances and the municipal electoral law. On November 1, 2002, six new bills were presented to the Brandenburg state parliament . On March 5, 2003, the reorganization proposals were resolved; these came into force with the local elections on October 26, 2003.

criticism

In the spring of 2000, the Ministry of the Interior of the State of Brandenburg held regional conferences in the individual counties and municipalities, whereby a municipal area reform at the local political level was rather rejected. The reorganization laws passed on March 5, 2003 created a basis for compulsory incorporation. Citizens' decisions against incorporation were not taken into account.

After the forced amalgamations, there were violent protests in the affected communities. Several mayors of the districts of Teltow-Fläming and Dahme-Spreewald started a popular initiative against forced incorporation, which was supported by the Brandenburg Municipal Association. A total of around 100 municipalities sued the Brandenburg State Constitutional Court against their dissolution. The communities of Herzsprung and Königsberg were then spun off from the city of Wittstock / Dosse .

Results

A total of around 700 communities came together on a voluntary basis. Another 337 municipalities were affected by the restructuring laws. Overall, the number of municipalities was reduced from 1,043 to 422 municipalities. The communities of Diepensee (district of Dahme-Spreewald) and Haidemühl (district of Spree-Neiße) intended for devastation received a special status until they were demolished, but were administered by the communities of Schönefeld and Spremberg , respectively . The number of offices fell to 54.

Overview of the restructuring measures

Barnim district

District of Dahme-Spreewald

Elbe-Elster district

Havelland district

District of Märkisch-Oderland

Oberhavel district

Oberspreewald-Lausitz district

Oder-Spree district

Ostprignitz-Ruppin district

Potsdam-Mittelmark district

District of Prignitz

Spree-Neisse district

Teltow-Fläming district

Uckermark district

Remarks

  1. The municipality of Diepensee , which also belonged to the Schönefeld office until October 23, 2003, was co-administered by the municipality of Schönefeld until it was dissolved due to the devastation of the place.
  2. The parishes of Herzsprung and Königsberg were reclassified to the parish of Heiligengrabe on December 31, 2004 due to their municipal constitutional complaint.
  3. The municipality of Haidemühl , which also belonged to the Welzow office until October 23, 2003, was co-administered by the city of Welzow until it was dissolved due to the devastation of the place.

Individual evidence

  1. ^ Michael Nierhaus: Municipal structures in the new federal states after 10 years of German unity. Duncker & Humblot, Berlin 2002, p. 19.
  2. ^ Ministry of the Interior of the State of Brandenburg (Ed.): The new municipal reform law. Information for citizens, elected officials and public officials. Potsdam 2002, p. 4ff.
  3. ^ Claudia Mier: The municipal area reform in the state of Brandenburg. University of Potsdam, Potsdam 2002, p. 22.
  4. a b c d e f g h i j k l m n o p q r s t u v w x y z aa ab ac ad ae af ag ah ai aj ak al am 5th law on state-wide municipal reform
  5. Incorporation of the Mehrow community into the Ahrensfelde community. Announcement of the Ministry of the Interior of June 7, 2002. Official Journal for Brandenburg Common Ministerial Gazette for the State of Brandenburg, Volume 13, 2002, Number 26, Potsdam, June 26, 2002, p. 618 (PDF)
  6. ^ Formation of a new community in Panketal. Announcement of the Ministry of the Interior of November 20, 2002. Official Gazette for Brandenburg - Joint Ministerial Gazette for the State of Brandenburg, Volume 14, Number 9, of March 5, 2003, p. 273. (PDF)
  7. a b c d e f g h i j k l m n o p q r s t u v w x y z aa ab ac ad ae af ag ah ai aj ak al am 6th law on state-wide municipal reform
  8. ^ Formation of a new community in Heidesee. Announcement of the Ministry of the Interior of May 15, 2002. Official Gazette for Brandenburg Common Ministerial Gazette for the State of Brandenburg, Volume 13, Number 22, May 29, 2002, p. 562 (PDF)
  9. a b c d e f g h i j law to confirm the state-wide municipal reform after another hearing of the population  ( page no longer available , search in web archivesInfo: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. Law and Ordinance Gazette for the State of Brandenburg, Volume 15, Number 13, P. 295, Potsdam, July 2, 2004 PDF@1@ 2Template: Toter Link / www.landesrecht.brandenburg.de  
  10. ^ Formation of a new community in Märkische Heide. Announcement of the Ministry of the Interior of September 4, 2002. In: Official Journal for Brandenburg. Joint ministerial journal for the state of Brandenburg. Volume 13, number 39, September 18, 2002, p. 843, (PDF)
  11. a b c d e f g h i j k l m n o p q r s t u v w x y z 4th law on state-wide municipal reform
  12. Incorporation of the Etzin community into the city of Ketzin. Communication from the Ministry of the Interior of April 30, 2002. Official Gazette for Brandenburg Common Ministerial Gazette for the State of Brandenburg, Volume 13, 2002, Number 20, Potsdam, May 15, 2002, p. 519 (PDF)
  13. ^ Formation of the new community in Milower Land. Communication from the Ministry of the Interior of April 30, 2002. Official Gazette for Brandenburg Common Ministerial Gazette for the State of Brandenburg, Volume 13, 2002, Number 20, Potsdam, May 15, 2002, p. 519 (PDF)
  14. ^ Formation of a new community Oderaue. Announcement of the Ministry of the Interior of February 19, 2003. Official Gazette for Brandenburg Common Ministerial Gazette for the State of Brandenburg, Volume 14, Number 9, March 5, 2003, p. 276 (PDF)
  15. ^ Formation of a new community in Neulewin. Announcement of the Ministry of the Interior of February 19, 2003. Official Gazette for Brandenburg Common Ministerial Gazette for the State of Brandenburg, Volume 14, Number 9, March 5, 2003, p. 276 (PDF)
  16. Formation of a new community Fichtenhöhe Announcement of the Ministry of the Interior of October 25, 2002. Official Gazette for Brandenburg Common Ministerial Gazette for the State of Brandenburg, Volume 13, Number 50, December 4, 2002, p. 1050 (PDF)
  17. ^ Formation of a new community Vierlinden Announcement of the Ministry of the Interior of October 25, 2002. Official Gazette for Brandenburg Common Ministerial Gazette for the State of Brandenburg, Volume 13, Number 50, December 4, 2002, p. 1050 (PDF)
  18. Formation of a new community Lindendorf Announcement of the Ministry of the Interior of October 25, 2002. Official Gazette for Brandenburg Common Ministerial Gazette for the State of Brandenburg, Volume 13, Number 50, December 4, 2002, p. 1050 (PDF)
  19. Incorporation of the communities Altthymen, Steinförde, Barsdorf, Tornow, Blumenow and Zootzen into the city of Fürstenberg / Havel. Announcement of the Ministry of the Interior of July 30, 2002. Official Gazette for Brandenburg - Joint Ministerial Gazette for the State of Brandenburg, Volume 13, Number 34, August 14, 2002, p. 694 (PDF)
  20. Formation of a new city Liebenwalde Announcement of the Ministry of the Interior of November 14, 2002. Official Gazette for Brandenburg Common Ministerial Gazette for the State of Brandenburg, Volume 14, 2003, Number 9, Potsdam, March 5, 2003, p. 273 (PDF)
  21. Incorporation of the Nassenheide community into the Löwenberger Land community. Announcement of the Ministry of the Interior of November 14, 2002. Official Gazette for Brandenburg Common Ministerial Gazette for the State of Brandenburg, Volume 14, 2003, Number 9, Potsdam, March 5, 2003, p. 272 (PDF)
  22. Incorporation of the communities Lehnitz, Schmachtenhagen, Malz, Germendorf, Wensickendorf, Friedrichsthal and Zehlendorf into the city of Oranienburg. Announcement of the Ministry of the Interior of November 14, 2002. Official Gazette for Brandenburg Joint Ministerial Gazette for the State of Brandenburg, Volume 14, 2003, Number 9, Potsdam, March 5, 2003, p. 272/3 (PDF)
  23. Incorporation of the community of Stolpe Announcement of the Ministry of the Interior of May 24, 2002. Official Gazette for Brandenburg Common Ministerial Gazette for the State of Brandenburg, Volume 13, 2002, Number 25, Potsdam, June 19, 2002, p. 606 (PDF)
  24. ^ Formation of a new community in Schlaubetal. Announcement of the Ministry of the Interior of April 24, 2002. Official Gazette for Brandenburg - Joint Ministerial Gazette for the State of Brandenburg, Volume 13, Number 20, May 15, 2002, p. 518 (PDF)
  25. ^ Formation of a new community in Siehdichum. Announcement of the Ministry of the Interior of June 17, 2002. Official Gazette for Brandenburg - Joint Ministerial Gazette for the State of Brandenburg, Volume 13, Number 27, July 3, 2002, p. 625 (PDF)
  26. ^ Formation of a new parish in Fehrbellin. Announcement of the Ministry of the Interior of May 7, 2002. Official Gazette for Brandenburg Common Ministerial Gazette for the State of Brandenburg, Volume 13, 2002, Number 22, May 29, 2002, p. 561 (PDF)
  27. ^ Formation of the new town of Rheinsberg. Announcement of the Ministry of the Interior of July 16, 2002. Official Gazette for Brandenburg - Joint Ministerial Gazette for the State of Brandenburg, Volume 13, Number 31, July 31, 2002, p. 663 (PDF)
  28. a b 3rd law on state-wide municipal reform
  29. Incorporation of the municipality of Töplitz into the city of Werder (Havel). Announcement of the Ministry of the Interior of April 30, 2002. Official Gazette for Brandenburg - Joint Ministerial Gazette for the State of Brandenburg, Volume 13, 2002, Number 22, Potsdam, May 29, 2002, p. 561 (PDF)
  30. ^ 1. Law on state-wide municipal area reform
  31. ^ Formation of a new community in Lenzerwische. Announcement of the Ministry of the Interior of July 22, 2002. Official Gazette for Brandenburg - Joint Ministerial Gazette for the State of Brandenburg, Volume 13, Number 33, August 7, 2002, p. 691 (PDF)
  32. Incorporation of the Eldenburg community into the city of Lenzen (Elbe). Announcement of the Ministry of the Interior of April 26, 2002. Official Gazette for Brandenburg - Joint Ministerial Gazette for the State of Brandenburg, Volume 13, Number 22, May 29, 2002, p. 560 (PDF)
  33. a b 2nd law on state-wide municipal area reform
  34. Formation of the new community Schenkendöbern. Announcement of the Ministry of the Interior of July 18, 2002. Official Gazette for Brandenburg Common Ministerial Gazette for the State of Brandenburg, Volume 13, 2002, Number 31, July 31, 2002, p. 663 (PDF)
  35. Incorporation of the community Schöna-Kolpien into the city of Dahme / Mark. Announcement of the Ministry of the Interior of August 21, 2002. Official Gazette for Brandenburg Common Ministerial Gazette for the State of Brandenburg, Volume 13, 2002, Number 38, Potsdam, September 11, 2002, p. 837 PDF
  36. Incorporation of the municipality of Wahlsdorf into the city of Dahme / Mark. Announcement of the Ministry of the Interior of August 21, 2002. Official Gazette for Brandenburg Common Ministerial Gazette for the State of Brandenburg, Volume 13, 2002, Number 38, Potsdam, September 11, 2002, p. 837 PDF
  37. ^ Incorporation of the communities of Bölkendorf, Bruchhagen, Crussow, Frauenhagen, Gellmersdorf, Görlsdorf, Greiffenberg, Günterberg, Herzsprung, Kerkow, Mürow, Neukünkendorf, Schmargendorf, Schmiedeberg, Steinhöfel, Stolpe / Oder, Welsow, Wilmersdorf and Wolletz into the city of Angermünde. Announcement of the Ministry of the Interior of March 12, 2002. Official Gazette for Brandenburg Common Ministerial Gazette for the State of Brandenburg, Volume 13, 2002, Number 19, Potsdam, May 8, 2002, pp. 509-512 (PDF)
  38. ^ Incorporation of the Hohenfelde community into the city of Schwedt / Oder. Announcement of the Ministry of the Interior of March 17, 2003. Official Gazette for Brandenburg Common Ministerial Gazette for the State of Brandenburg, Volume 14, 2003, Number 15, Potsdam, April 16, 2003, p. 417 (PDF)