Administrative community (Saxony-Anhalt)

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The administrative community in Saxony-Anhalt was a form of intermunicipal cooperation between municipalities that existed until the end of 2013 and was organized as a corporation under public law with the capacity of employer . It was normally created through an agreement under public law , but could also arise in special cases through assignment by the Ministry of the Interior .

history

The creation of administrative communities was provided for in Section 31 of the law on self-government of the municipalities and districts in the GDR (municipal constitution) passed in May 1990 and became law of the state of Saxony-Anhalt in October 1990 as part of German reunification . This transitional right was comprehensively reorganized with the law on communal joint work of the State of Saxony-Anhalt of October 9, 1992.

As part of the municipal reform in Saxony-Anhalt in 2004/2005 , the minimum number of residents for administrative communities was increased from 5,000 to 10,000.

The administrative communities were converted from 2008 in the years 2009-2011 either into unit communities or association communities due to the law on the principles of the reorganization of the communities in the state of Saxony-Anhalt . The administrative community Gernrode / Harz sued against the dissolution, whereupon the State Constitutional Court of Saxony-Anhalt declared the dissolution on January 1, 2011 in February 2013 to be invalid. At the end of 2013, this last administrative community was dissolved.

structure

All member communities of an administrative community had to belong to one district . If this was not the case at the time of the formation, the member communities had to decide on a common future district. The administration of the administrative community was done by a joint administrative office as the service-providing authority . A member municipality - usually the one with the largest number of inhabitants - could optionally take on the joint administrative office as the sponsoring municipality.

Organs of the administrative community were the community committee and the head of the common administrative office. In the case of sponsoring communities, the mayor of the sponsoring community had the rights and duties of a head of the joint administrative office and was thus also an organ of the administrative community.

The community committee was composed of the representatives of the member communities (usually honorary mayors). The distribution of competences between the organs was regulated by the municipal code.

The head of the joint administrative office was the legal representative of the administrative community. He ran the business of day-to-day administration and made decisions on matters assigned to him by the administrative agreement or the resolution of the joint committee. He carried out the tasks of the assigned sphere of activity as well as the other measures in the field of danger prevention .

tasks

The administrative community fulfilled the tasks of the assigned sphere of activity of the member communities in its own name. Tasks for the municipalities' own sphere of activity were taken care of by the administrative community for them, but could also be transferred to fulfillment in their own name.

See also

Individual evidence

  1. a b § 75 Municipal Code for the State of Saxony-Anhalt (Municipal Code - GO LSA)
  2. Law on the self-administration of the municipalities and districts in the GDR (municipal constitution). May 17, 1990, accessed January 4, 2014 .
  3. State Constitutional Court of Saxony-Anhalt: Decision in the constitutional complaint procedure LVG 6/09. (No longer available online.) In: www.lverfg.justiz.sachsen-anhalt.de. September 15, 2009, archived from the original on January 4, 2014 ; accessed on January 4, 2014 . 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. @1@ 2Template: Webachiv / IABot / www.lverfg.justiz.sachsen-anhalt.de
  4. Law on the principles of the reorganization of the municipalities in the state of Saxony-Anhalt (Gemeindeneugliederungs-Grundstenegesetz - GemNeuglGrG)
  5. 57th session of the State Parliament, Item 4 - Draft of a law on the incorporation of the city of Gernrode and the municipalities of Bad Suderode and Rieder into the city of Quedlinburg - Third consultation (11:09 a.m. - 11:14 a.m.). (No longer available online.) In: landtag.sachsen-anhalt.de. Archived from the original on January 4, 2014 ; accessed on January 4, 2014 . 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. @1@ 2Template: Webachiv / IABot / www.landtag.sachsen-anhalt.de
  6. § 77 Municipal Code for the State of Saxony-Anhalt (Municipal Code - GO LSA)