Cologne law

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The law on the reorganization of the municipalities and districts of the Cologne reorganization area (Cologne Law) of November 5, 1974 contains the regional reform in the Cologne region at the municipal level. The law came into force on January 1, 1975 and is part of the extensive regional reforms of the 1960s and 1970s in North Rhine-Westphalia .

It ended the communal structure, which was fragmented in many places, and is still an essential legal basis for the communal structure of the regional planning region of Cologne , i.e. the independent cities of Cologne and Leverkusen as well as the Rhein-Erft district , the Rheinisch-Bergisch district and the Oberbergisch district .

The Constitutional Court for the State of North Rhine-Westphalia ruled on December 6, 1975, that the Cologne Act, as far as it concerns the city of Wesseling , apart from § 23 No. 2 (incorporations into the city of Brühl) with Art. 78 of the constitution for the state of North Rhine-Westphalia is not compatible. This meant that the incorporation of Wesseling into the city of Cologne was unconstitutional. However, the Constitutional Court refrained from declaring the incorporation null and void, since after the dissolution of the Cologne district there was no longer a district to which the city of Wesseling would legally belong and therefore through the - possibly provisional - assignment of the city of Wesseling to a district still had to be decided. A deadline of June 30, 1976 was set for correction. Then, in accordance with Section 1 of the Wesseling Act, the city of Wesseling, insofar as it had been incorporated into the city of Cologne, including some properties in the Keldenich district, which would otherwise have become exclaves of the city of Cologne, with effect from July 1, 1976 City of Cologne outsourced.

legislation

On May 24, 1974, the state government introduced a bill for the Cologne Act to the state parliament. The first reading took place on June 12, 1974.

On September 19, 1974, the committee responsible for administrative reform submitted its report to the state parliament. He recommended the adoption of the bill taking into account the following changes and some bug fixes:

  • City of Cologne: Efferen is left at Hürth
  • Municipality of Pulheim: slightly different demarcation within the old municipality of Sinnersdorf (Orrer Busch)
  • City of Frechen: changed border adjustment to Hürth between Bachem and Gleuel along the motorway; slightly different demarcation within the old community of Lövenich (sewage treatment plant)
  • City of Kerpen: incorporation of Buir into Kerpen instead of a merger with Merzenich
  • Klüppelberg municipality: incorporation of the Neuenhaus district into Kierspe
  • Marienheide community: incorporation of the Kiersper part from Wilbringhausen to Marienheide, changed demarcation within the old community of Klüppelberg
  • City of Opladen: Merger of Opladen with Bergisch Neukirchen to form a city Opladen instead of merging with Leverkusen to form an independent city; Abolition of the district freedom of Leverkusen; Incorporation of Leverkusen and Opladen into the Rheinisch-Bergische Kreis
  • City of Solingen: complete assignment of the Sengbach dam, also to the extent that it previously belonged to Witzhelden and Wermelskirchen, to Solingen

At the second reading on September 25, 1974, the following were available:

  • Amendments from members of the CDU parliamentary group and the SPD parliamentary group, according to which, as originally proposed by the state government, Leverkusen, Opladen and Bergisch Neukirchen should be merged into one independent city of Leverkusen. This change was accepted by a majority.
  • Amendments from members of the SPD parliamentary group and the CDU parliamentary group, according to which the city of Wesseling should remain independent. The majority of these applications were rejected.
  • Amendments from members of the CDU parliamentary group and the SPD parliamentary group, as well as from FDP member Koch, according to which the city of Porz am Rhein should remain independent. These motions were rejected with 80 votes in favor, 111 against and 4 abstentions ( Hammelsprung ).
  • Amendment by members of the SPD parliamentary group according to which the district of Marsdorf should remain with the city of Frechen. This application was rejected by a majority.
  • Amendment by members of the SPD parliamentary group, according to which the district Efferen of the city of Hürth should be incorporated into the city of Cologne according to the government proposal. This application was rejected by a majority.
  • Amendment proposed by members of the SPD parliamentary group to fully integrate the communities of Pulheim, Brauweiler, Sinnersdorf and Stommeln into Cologne. This application was rejected by a large majority.
  • Amendment by members of the CDU parliamentary group to separate the communities of Rheinbach and Swisttal from the Rhein-Sieg district and to integrate them into the Euskirchen district. This application was rejected by a large majority.

An amendment to omit the planned limit adjustment in the area of ​​the Bayer plants was withdrawn again at the meeting.

For the final third reading, the committee presented a revised draft in line with the decisions made in the second reading.

This 3rd reading took place on September 27, 1974. There, four more amendments were made, which concerned the independence of the cities of Wesseling, Porz and Bensberg. They were all rejected. In addition, a correction was made with regard to the border between Leverkusen and Cologne. The law was then passed with 27 votes against and 5 abstentions.

Brief description

The law consists of 30 paragraphs and annexes. Below is an overview.

I. section Territorial changes in the area of ​​the municipalities
§ 1 Incorporation of the cities of Porz am Rhein and Wesseling , the municipalities of Lövenich , Rodenkirchen and Sinnersdorf (excluding the village of Sinnersdorf itself), the districts of Marsdorf from the city of Frechen and Widdersdorf of the municipality of Brauweiler and of land belonging to the city of Brühl and the municipalities of Bornheim, Hürth, Pulheim and Rösrath to the city of Cologne
§ 2 Merger of the cities of Bensberg (without Dürscheid, Immekeppel, Lehmbach-Hellenthal, Spitze and Untereschbach) and Bergisch Gladbach (without Rosenthal) to form the new city of Bergisch Gladbach and the incorporation of the Schildgen district of the Odenthal community into it
§ 3 Amalgamation of Brauweiler (excluding Neu-Freimersdorf and Widdersdorf), Pulheim and Stommeln to form the new municipality of Pulheim and the incorporation of the Sinnersdorf district of the Sinnersdorf municipality and of land belonging to the Lövenich municipality into it
§ 4 Incorporation of the districts of Neu-Freimersdorf of the community of Brauweiler, Königsdorf of the community of Lövenich and Grefrath and Habbelrath of the community of Türnich into the city of Frechen , border straightening between Frechen and Hürth
§ 5 Merger of the cities of Bedburg (excluding Auenheim) and Kaster as well as the communities of Lipp , Königshoven and Pütz to form the new city of Bedburg and incorporation of properties from the communities of Glesch and Hüchelhoven into this; Dissolution of the offices of Bedburg and Königshoven
§ 6 Merger of the town of Bergheim (Erft) and the communities of Glesch , Hüchelhoven , Niederaußem , Oberaußem-Fortuna , Paffendorf and Quadrath-Ichendorf to form the new town of Bergheim and incorporation of the district of Auenheim of the town of Bedburg and the districts of Ahe and Thorr of the community of Heppendorf as well as properties of the Municipalities of Horrem and Sindorf in this; Dissolution of the Bergheim (Erft) office
§ 7 Merger of the city of Kerpen and the municipalities of Blatzheim , Buir , Horrem , Manheim , Mödrath , Sindorf and Türnich (excluding Grefrath and Habbelrath) to form the new city of Kerpen and incorporation of properties from the city of Frechen and the municipality of Heppendorf into it; Dissolution of the offices of Buir , Horrem and Kerpen
§ 8th Merger of Angelsdorf , Elsdorf (Rhld.) , Esch , Heppendorf (without Ahe and Thorr ), Niederembt and Oberembt to form the new municipality of Elsdorf ; Dissolution of the office in Elsdorf (Rhld.)
§ 9 Incorporation of the Lehmbach-Hellenthal district of the city of Bensberg and properties of the Overath municipality into the Rösrath municipality
§ 10 Incorporation of the districts of Immekeppel and Untereschbach of the city of Bensberg and Brombach of the municipality of Hohkeppel and of land belonging to the municipality of Rösrath into the municipality of Overath
§ 11 Merger of the municipalities of Bechen (without Eikamp-Nussbaum and Liesenbergermühle), Kürten and Olpe (without Frangenberg) to form the new municipality of Kürten and incorporation of the districts of Dürscheid and Spitze of the city of Bensberg and Laudenberg of the municipality of Wipperfeld and of land belonging to the municipalities of Lindlar and Odenthal into this; Dissolution of the office in Kürten
§ 12 Merger of the city of Wipperfürth and the communities of Klüppelberg (excluding Eiringhausen, Gogarten, Kempershöhe, Neuenhaus) and Wipperfeld (excluding Laudenberg) to form the new city of Wipperfürth ; Incorporation of the Neuenhaus district of the Klüppelberg community into the town of Kierspe
§ 13 Merger of the communities of Engelskirchen (excluding Brächen, Buddelhagen and Verr) and Ründeroth to form the new community of Engelskirchen and the incorporation of the districts of Neuremscheid and Rembruch of the community of Gimborn , Kastor of the community of Hohkeppel and Hülsen , Niederhof , Rottland and the sub-state of the community of Overath into this; Incorporation of the districts of Brächen , Buddelhagen and Verr of the community of Engelskirchen and of land belonging to the community of Ründeroth into the town of Wiehl ; Dissolution of the office in Engelskirchen
§ 14 Incorporation of the community of Hohkeppel (excluding Brombach and Kastor), the districts of Holz in the community of Engelskirchen , Leppetal and Remshagen in the community of Gimborn , Frangenberg in the community of Olpe and Kleuelshöhe and Lehmshof in the community of Overath in the community of Lindlar
§ 15 Incorporation of the community of Gimborn (excluding Leppetal, Neuremscheid, Obergimborn, Rembruch and Remshagen) into the city of Gummersbach and border corrections with Marienheide and Wiehl
§ 16 Inclusion of the Wilbringhausen district and other properties in the city of Kierspe , the Obergimborn district of the Gimborn community , the Eiringhausen , Gogarten and Kempershöhe districts (including Königsheide , Krommenohl and Mittelweg ) of the Klüppelberg and Pentinghausen community of Lindlar and of properties in the Gummersbach community Marienheide
§ 17 Merger of the independent city of Leverkusen and the cities of Opladen and Bergisch Neukirchen to form the new independent city of Leverkusen and incorporation of the Hitdorf district of the city of Monheim and properties of the cities of Burscheid , Cologne , Langenfeld (Rhineland) and Leichlingen (Rhineland) into this
§ 18 Incorporation of the district of Rosenthal of the city of Bergisch Gladbach and the districts of Eikamp , Liesenbergermühle and Nussbaum of the municipality of Bechen into the municipality of Odenthal
§ 19 Incorporation of the Nüxhausen district of the city of Wermelskirchen into the city of Burscheid
§ 20 Incorporation of the community of Witzhelden as well as of properties of the cities of Langenfeld (Rhineland) and Opladen into the city of Leichlingen (Rhineland) ;
§ 21 Merger of the city of Wermelskirchen (excluding Bergisch Born and Nüxhausen) and the communities of Dabringhausen and Dhünn to form the new city of Wermelskirchen ; Incorporation of the Höhrath district of the city of Wermelskirchen into the city of Solingen ; Dissolution of the Wermelskirchen office
§ 22 Incorporation of the districts of Dorweiler , Pingsheim and Wissersheim of the city of Erftstadt into the municipality of Nörvenich
§ 23 Incorporation of properties belonging to the municipality of Hürth and the city of Wesseling into the city of Brühl
Section II Area changes in the area of ​​the circles
§ 24 Dissolution of the Rhein-Wupper district and the previous Rheinisch-Bergisch district and establishment of a new Rheinisch-Bergisch district from the municipalities of Bergisch Gladbach, Burscheid, Kürten, Leichlingen, Odenthal, Overath, Rösrath and Wermelskirchen
§ 25 Dissolution of the previous and establishment of a new Oberbergischer Kreis from the communities Bergneustadt, Engelskirchen, Gummersbach, Hückeswagen, Lindlar, Marienheide, Morsbach, Nümbrecht, Radevormwald, Reichshof, Waldbröl, Wiehl and Wipperfürth
§ 26 Dissolution of the districts Bergheim (Erft) and Cologne and establishment of the new Erftkreis (today Rhein-Erft-Kreis ) from the communities Bedburg, Bergheim, Brühl, Elsdorf, Erftstadt, Frechen, Hürth, Kerpen and Pulheim (later also with Wesseling)
III. section Court organization
§ 27 Allocation of the newly formed municipalities to the district courts, dissolution of the Lindlar district court, restructuring of the Lechenich district court into the Cologne district court, renaming of the Opladen and Bensberg district courts to Leverkusen and Bergisch Gladbach
§ 28 Allocation of the newly formed circles to the courts of administrative jurisdiction
IV. Section Final provisions
§ 29 Legal succession; Territorial change agreements
§ 30 Come into effect
Investments

literature

  • Ilka Dicknann (2001): "Community reform in Cologne - the conflict over Porz" in: Cologne on the right bank of the Rhine. Yearbook for History and Regional Studies, Volume 27, pp. 335–424, ISSN  0179-2938 .

Web links

Individual evidence

  1. ^ GV. NRW. 1974 p. 1072
  2. ^ Constitutional Court for the State of North Rhine-Westphalia , judgment of December 6, 1975, VerfGH 62/74, GV. NRW. P. 700 = OVGE 31, 297
  3. ^ Law to restore the independence of the city of Wesseling (Wesseling Law) of June 1, 1976, GV. NRW. P. 206
  4. ↑ State Parliament of North Rhine-Westphalia , draft law of the state government, draft of a law for the reorganization of the municipalities and districts of the reorganization area Cologne (Cologne Law), Landtag printed matter No. 7/3870
  5. ↑ Landtag North Rhine-Westphalia , plenary protocol 7/105, pp. 4279-4289
  6. ↑ Landtag North Rhine-Westphalia , report of the committee for administrative reform on the 2nd reading of the draft of a law for the reorganization of the municipalities and districts of the reorganization area Cologne (Cologne Law) (draft law of the state government) - printed matter 7/3870 -, state parliament printed matter no. 7/4190
  7. ↑ Landtag North Rhine-Westphalia , plenary protocol 7/110, pp. 4501–4530
  8. ↑ State Parliament of North Rhine-Westphalia , amendment by the MPs Kühltau etc. for the 2nd reading of the draft of a law for the reorganization of the municipalities and districts of the Cologne reorganization area (Cologne Law) (draft law of the state government) - printed matter 7/3870 and 7/4190 -, State Parliament printed matter No. 7/4202
  9. ↑ State Parliament of North Rhine-Westphalia , amendment by the MPs Einert etc. for the 2nd reading of the draft of a law for the reorganization of the municipalities and districts of the Cologne reorganization area (Cologne Law) (draft law of the state government) - printed matter 7/3870 and 7/4190 -, State Parliament printed matter No. 7/4203
  10. ↑ State Parliament of North Rhine-Westphalia , amendment by the members of parliament Jürgens, Frohne, Hamel, Ziegenfuß, Busch, Marquardt, Else Warnke, Strathmann, Pauly, Walter Schwier and Pohle (SPD) for the 2nd reading of the draft law for the reorganization of the municipalities and districts of the Reorganization area Cologne (Cologne law) (draft law of the state government) - printed matter 7/3870 and 7/4190 -, state parliament printed matter No. 7/4192
  11. ↑ State Parliament of North Rhine-Westphalia , amendment by Members of Worms, etc. for the 2nd reading of the draft of a law on the reorganization of the municipalities and districts of the Cologne reorganization area (Cologne Law) (draft law of the state government) - printed matter 7/3870 and 7/4190 -, State Parliament printed matter No. 7/4204
  12. ↑ State Parliament of North Rhine-Westphalia , amendment by the MPs Schlüter, etc. for the 2nd reading of the draft of a law for the reorganization of the municipalities and districts of the Cologne reorganization area (Cologne Law) (draft law of the state government) - printed matter 7/3870 and 7/4190 -, State Parliament printed matter No. 7/4205
  13. ↑ State Parliament of North Rhine-Westphalia , amendment by the MPs Pohle, etc. for the 2nd reading of the draft of a law for the reorganization of the municipalities and districts of the Cologne reorganization area (Cologne Law) (draft law of the state government) - printed matter 7/3870 and 7/4190 -, State Parliament printed matter No. 7/4205
  14. ↑ State Parliament of North Rhine-Westphalia , amendment by the members of parliament Jürgens, Busch, Hans Schwier, Pohle, Hamel, Pauly, Walter Schwier, Frohne, Ziegenfuß, Schulte, Strathmann, Marquardt, Drescher and Röhrig (SPD) for the 2nd reading of the draft law for Reorganization of the municipalities and districts of the Cologne reorganization area (Cologne Law) (draft law of the state government) - printed matter 7/3870 and 7/4190 -, state parliament printed matter no. 7/4207
  15. ^ State Parliament of North Rhine-Westphalia , amendment by the MPs by Nes Ziegler etc. for the 2nd reading of the draft of a law for the reorganization of the municipalities and districts of the Cologne reorganization area (Cologne Law) (draft law of the state government) - printed matter 7/3870 and 7/4190 -, Landtag printed matter No. 7/4208
  16. ↑ State Parliament of North Rhine-Westphalia , amendment by the MPs Klaer, Gaertner, Lauber, Drescher, Denzer, Schlüter and Marquardt (SPD) for the 2nd reading of the draft of a law for the reorganization of the municipalities and districts of the reorganization area Cologne (Cologne Law) (draft law of State government) - printed matter 7/3870 and 7/4190 -, state parliament printed matter no. 7/4209
  17. ↑ State Parliament of North Rhine-Westphalia , amendment by Members Fellmann, Hans Georg Weiss, Kaptain, Frey, Brömmelhaus, Riehemann, Falke, Scholz, Stettner, Mader, Schümmer, Maria Hölters and Maas (CDU) for the 2nd reading of the draft law on reorganization of the municipalities and districts of the Cologne reorganization area (Cologne Act) (draft law of the state government) - printed matter No. 7/3880 and 7/4191 -, state parliament printed matter No. 7/4211
  18. ^ State Parliament of North Rhine-Westphalia , amendment by MPs van Nes Ziegler, Toetemeyer, Geuenich, Anke Brunn, Else Warnke, Kasper, Trabalski, Simelka, Riederer, Walter Schwier, Gaertner, Reinhardt, sinncker and Weiss (SPD) for the 2nd reading of the draft of a law for the reorganization of the municipalities and districts of the reorganization area Cologne (Cologne law) (draft law of the state government) - printed matter 7/3870 and 7/4190 -, state parliament printed matter no. 7/4210
  19. ↑ State Parliament of North Rhine-Westphalia , report of the committee for administrative reform on the 3rd reading of the draft of a law for the reorganization of the municipalities and districts of the reorganization area Cologne (Cologne Law) (draft law of the state government) - printed matter 7-3870, 7/4190, 7 / 4202 and 7/4203 -, Landtag printed matter No. 7/4200
  20. ↑ Landtag North Rhine-Westphalia , Plenary Protocol 7/112, pp. 4623-4631