The county committee is in some German states, according to the Municipal Code and County Code , a collegial body of the local government of a county with its own statutory written competence. The composition, the tasks and the choice differ significantly in the German federal states. In some cases, the district committee is elected or appointed by the district council from among its members.
As the leading body of the district administration , the district committee consists of the full-time district administrator as chairman and honorary district members . The main statute can stipulate that the position of the first district officer is filled on a full-time basis as the general representative of the district administrator; in larger districts, a second district officer can also be employed full-time. The honorary members should form the majority in the district committee.
In some federal states, the district committee is the administrative authority of the district. According to the decisions of the district council, he is responsible for the day-to-day administration of the district. He in particular has
- execute the laws and ordinances as well as the instructions of the supervisory authority,
- to prepare and implement the resolutions of the district council,
- to deal with the district matters assigned to him by the district council in general or in individual cases,
- to manage the public institutions and economic operations of the district and the other district assets,
- to distribute the district taxes among the obligated persons and to effect their collection as well as to collect the income of the district,
- draw up the budget and the investment program, monitor the cash and accounting system,
- to represent the district, to conduct correspondence and to execute the district deeds.
In addition, the district committee conducts its tasks u. U. from the district council. As with all other committees , these tasks can have a preliminary advisory or decision-making function. Which tasks are transferred from the district council to the district committee is often regulated in the main statute of the district .
Development in individual federal states
The district committee was introduced as an organ of the district by the district order of May 26, 1888 . It consisted of the district administrator and six other members to be elected by the district council . Its task consisted in the administration of the district affairs as well as the state affairs transferred to the district. Until the creation of the corresponding courts, it also served as an administrative court . After the National Socialists came to power on July 14, 1933, all powers of the district council were transferred to the district committee. In the 1930s, however, more and more powers were transferred to the district administrator.
After the Second World War, the status from before 1933 was restored (but without the jurisdiction of the administrative courts). Since the district order of February 27, 1950, the district committee consisted of the district administrator and eight honorary members who were elected by the district council. With the district order May 30, 1997, the district committees were abolished and their competencies were distributed to the district council and district administrator.
In Hesse, the system of the fake magistrate constitution, which goes back to the Prussian town order , still exists , which has, however, undergone considerable modifications over the course of time and has also been extended to the districts. In particular, since 1991, following an amendment to the Hessian constitution , the district administrator has not been elected by the district council, but directly .
The district committee is one of three committees that must exist in every district. The others are the Audit Committee and the Youth Welfare Committee. While the district assembly consists of 50 to 70 district councils depending on the number of inhabitants, ten to fourteen district councils sit in the district assembly, with its composition reflecting the strength of the parties in the district assembly. The district council then transfers matters to the district committee that it may decide independently or should discuss in advance. In practice, the district committee usually votes on investments, i.e. in which specific projects the available money should flow.
- Hesse law: HKO § 36 - Composition of the district committee
- Hesse law: HKO § 41 - Duties of the district committee.
- The district council: meetings, statutes and self-administration. In: Wahl.info. Passauer Neue Presse , February 12, 2014, accessed on March 8, 2016 .
- Art. 24 LKrO Landkreisordnung for the Free State of Bavaria , Justice Online