Main statute

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The main statute in Germany is a statute of a local authority . It contains, among other things, regulations on the constitution or the organization of the administration.

General

In all German territorial states, with the exception of Bavaria, the main statute is a mandatory statute. It is decided by the will-building body of the corporation, i.e. the local council or district council .

In the main statute, for example, regulations must or can be made on the following:

  • Public announcement organ of the municipality (also regulated by a separate announcement statute),
  • Formation of committees and delegation of tasks to committees,
  • Approval requirements of the council for tenders,
  • Advisory boards,
  • Coat of arms and seal of the municipality or the district,
  • Honorary citizenship ,
  • Municipal awards,
  • Council public for Administrative Committee meetings.

Some municipal ordinances also stipulate that further details are to be regulated in the main statute. For example:

  • Type and scope of the allowances for all who hold an honorary position.

Special case Bavaria

The Bavarian municipal code does not recognize the main statute as a mandatory statute, as the law also differs structurally from the other municipal codes of the territorial states. Nevertheless, it can be seen from the overall text that these municipal regulations also provide that the matters otherwise to be regulated in a statute, i.e. the main statute, are to be regulated in accordance with the statutes: In this way, however, they can be divided into different individual statutes and do not require a superordinate main statute.

Individual evidence

  1. ↑ Jörn Ipsen, Jörg-Detlef Kühne (ed.): State and administrative law of Lower Saxony . 8th edition, CF Müller Verlag , Heidelberg, p. 108 ISBN 978-3-8114-9657-6 , online at www.books.google.de
  2. ^ Gerhard Waibel: Municipal constitution law Baden-Württemberg . 5th edition, Verlag W. Kohlhammer , Stuttgart 2007, p. 58 ISBN 978-3-17-019726-8 , online at www.books.google.de
  3. ↑ Jürgen Frömmrich, Ronald Huth: Local Political Compendium Hessen: for beginners . Self-published, Erlensee 2001, p. 31 ISBN 3-8311-1829-9 , online at www.books.google.de
  4. ↑ Bernd Jürgen Schneider (Hrsg.): Online handbook of local politics in North Rhine-Westphalia . 2nd edition, Deutscher Gemeindeverlag , Stuttgart 2009, p. 37, ISBN 978-3-555-01449-4 , online at www.books.google.de