Big independent city
The large independent city is a special type of municipality according to the Lower Saxony Municipal Constitutional Act , which is between the independent municipality and the urban district in terms of competence . She belongs to a district. The status was created in order to mitigate the consequences of the regional reform in Lower Saxony in the 1970s, in particular the loss of district freedom for certain medium- sized towns .
The big independent cities
The large independent cities are finally listed in Section 14 (5) NKomVG. These are the following formerly independent cities or former district towns:
There are no plans to form further large independent cities. For Göttingen and Hanover , special, additional regulations apply.
tasks
A large independent city partially performs tasks of the district in its own area . It basically fulfills all tasks of the assigned sphere of activity of the district (i.e. unless this is expressly excluded by legal provisions) . (§ 17 NKomVG) However, this does not apply to tasks that have been assigned to the districts under federal law, as the state legislature is not entitled to intervene in this assignment due to the federal system of the Federal Republic of Germany .
In addition, the state legislature has completely excluded some tasks, for example decisions on the Hunting Act or the Federal Training Assistance Act . Other tasks, such as responsibility as the lower waste authority , were only transferred to Celle , Cuxhaven , Hildesheim and Lüneburg . With regard to the tasks of the lower nature conservation authorities, the responsibility of the large independent cities is excluded by default, but the highest nature conservation authority can transfer the tasks of the lower nature protection authority to a large independent city upon request ; the transfer can be revoked if the large independent city so requests or if it no longer offers a guarantee that the tasks assigned to it will be properly fulfilled. (Section 31 (1) sentences 1 to 3 of the Lower Saxony Implementation Act for the Federal Nature Conservation Act, regulated up to and including February 8, 2010 in Section 54 of the Lower Saxony Nature Conservation Act) With regard to the responsibilities for the implementation of the Asylum Seekers Benefits Act, the performance of the task by the large independent cities is governed by Section 2 (1) Sentence 2 of the Admission Act has been excluded. However, since the districts can use the municipalities and joint municipalities belonging to the district to carry out the task of implementing the Asylum Seekers Benefits Act in the assigned sphere of activity through statutes or public law contracts (the municipalities and joint municipalities are to be heard before issuing a statute on the use), can also use this path large independent cities are used.
Sections 2 to 3 of the General Competence Ordinance for the municipalities and districts for the implementation of federal law contain further regulations on the jurisdiction of the large independent cities.
Similar types of churches in other German countries
The local law of other German states provides for comparable types of municipalities. In Baden-Württemberg , Bavaria and Saxony , for example, there is the large district town , and in Brandenburg , North Rhine-Westphalia and Rhineland-Palatinate there is a large district town .
