Lower Saxony municipal code

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Basic data
Title: Lower Saxony municipal code
Abbreviation: NGO
Type: State Law
Scope: Lower Saxony
Legal matter: Administrative law , local law
References : GVBl. Sb 20 300 03 a. F.
Original version from: March 4, 1955
( Nds. GVBl. P. 55)
Entry into force on: April 1, 1955
New announcement from: October 28, 2006
(Nds. GVBl. P. 473, ber. 2010 p. 41)
Last change by: Art. 20 G of October 28, 2010
(Nds. GVBl. P. 366)
Effective date of the
last change: 		October 8, 2010
(Art. 23 G of October 7, 2010)
Expiry: November 1, 2011
(Art. 4 Paragraph 1, Art. 6 Paragraph 1
G of December 17, 2010 ,
Nds. GVBl. P. 576, 620 f.)
Please note the note on the applicable legal version.

The Lower Saxony Municipal Code (NGO) was from 1 April 1955 to 1 November 2011 the "church constitution" of Lower Saxony cities and towns. It was thus the legal basis for the establishment of the municipal structures in Lower Saxony on the basis of the guarantee of self-government in the Basic Law ( Article 28, Paragraph 2, Sentence 1 of the Basic Law) and the Lower Saxony Constitution (Article 57, Paragraph 1 of the NV). On November 1, 2011, the NGO ceased to be in force, and at the same time its regulatory content, together with that of the Lower Saxony District Code (NLO), was included in the Lower Saxony Municipal Constitutional Act (NKomVG).

The NGO considered the community as the basis of the democratic state (§ 1, para. 1) and followed up on as guaranteed under the Basic Law and state constitutional guarantee and need resulting from general, direct, free, equal and secret ballot popular representation and the right to local self-government to . The municipality could appeal against a violation of this right by filing a local constitutional complaint at the Federal Constitutional Court ( Art. 93 (1) No. 4 b GG, § 13 (1) No. 8 a, § 91 BVerfGG ) or at the Lower Saxony State Court (Art. 54 No. . 5 NV) fight back.

The NGO contained elements of direct democracy such as the residents 'application (Section 22 a) or the citizens' initiative , which could be followed by a referendum (Section 22 b).

history

From 1935, the German Municipal Code (DGO) was in force throughout the German Reich . After the federal states were brought into line with the Reich, it replaced the various municipal regulations of the federal states and carried the leader principle into local government. So the mayor was not elected, but simply appointed. The council did not have any influence on the decisions of the municipality, it only had an advisory role alongside the mayor. After the end of the war, the British occupying power decreed that the entire administration of the municipality was now in the hands of the council (so-called revised DGO).

On April 1, 1955, the Lower Saxony municipal code came into force as the last in the federal states, which was based on the British administrative structures of the time. It provided for the so-called "dual track" of the administration: While the council elected a mayor responsible for the representation from among its members, there was also a full-time local director elected by the council (or city director or joint local authority director) who managed the administrative business.

With the reform of Lower Saxony's municipal constitutional law in 1996, the NGO was adapted to the other municipal regulations in Germany and a single track was introduced. Since then, the mayor has also been the main administrative officer . However, the old dual-track regulation remains in effect for member communities of joint communities.

Important new changes resulted from the law amending Lower Saxony's municipal constitutional law of April 22, 2005. It changed the procedure for distributing seats in the council (see NKWG) and in the committees (Section 51, Paragraphs 2 and 3) from the D'Hondt procedure into the Hare-Niemeyer process , which now clearly favors smaller parties and groups of voters. In addition, the mayor's term of office was extended from initially five years to eight years (Section 61 (1)) and the budgetary management switched from cameralistics to the commercially managed double- entry system (Section 82 (3)), which the municipalities must have introduced by 2011 at the latest .

On March 15, 2006, the norm (Section 35 (3)) relating to the right to be elected was changed by a unanimous decision of the Lower Saxony state parliament . In the course of this, the legislature has aligned the NGO with national legal practice.

structure

The NGO is structured as follows:

  • Basics of the municipal constitution (§§ 1 to 30)
  • Internal municipal constitution (§§ 31 to 81)
  • Community economy (Sections 82 to 124)
  • Municipal supervision (Sections 125 to 136)
  • Transitional and final provisions (Sections 137 to 142)

Basics

Like the Constitution of Lower Saxony, the NGO is based on the general responsibility of the municipalities (Section 2, Paragraph 1), initially regardless of the nature of the tasks. This includes all matters of the local community as well as those that are otherwise assigned to the communities by law or ordinance (Section 4 (1) sentence 1). The own sphere of activity includes only those tasks that are rooted in the local community or have a connection to it and can also be managed independently by it. As core areas of local self-government, the municipalities have planning , organizational, personnel , financial and constitutional sovereignty . In addition, according to Section 5, Paragraph 1, the municipality can also be assigned state tasks to fulfill it (so-called transferred sphere of activity ). The necessary funds must be made available to them for this. Examples include the payment of housing benefit , BAföG or the registration and passport system.

Each municipality must issue a main statute (§ 7) in which the name of the municipality, any designation, its emblem and its official seal are regulated. Other essential questions can also be captured. While a change of the previous municipality name after the municipality reform has only very little leeway, the municipality can freely decide on the naming of the municipality parts by means of a council resolution (cf. § 40 Paragraph 1 No. 2). Municipalities with health resort status decide whether they want to include “Bad” in their name (Section 13, Paragraph 2). If the course status is lost, the name “Bad” is also omitted. The Ministry of the Interior can give a municipality the designation city if it has an urban character in terms of number of inhabitants, type of settlement and economic circumstances (Section 14 (1)). It is also possible to give historical names such as Flecken or Bergstadt (Section 14 (2)). However, all designations have no constitutional meaning.

Organs of the community

Like any legal person , the community itself cannot act. For this it needs appropriate organs . The responsibilities and competencies of the individual organs are very different.

Overview

The following overview of the municipal organs shows the respective representative organ of the municipality, the main committee of the municipality and the head of administration (not in the case of member municipalities of integrated municipalities). In independent cities, large independent cities and those with a special status ( Göttingen and Hanover ), the head of administration is called Lord Mayor .

local community Joint municipality
advice Joint council
Management Committee Joint community committee
mayor Joint mayor of the municipality

advice

Structure and connection of the organs according to the NGO

The council (municipal council) is the main body of the municipality (§ 31) and is elected every five years by the municipality's citizens. It consists of the elected councilors and, qua office, the directly elected mayor. Its size is based on the number of inhabitants, which the State Office for Statistics determined at least 12 months and at most 18 months before the election day (Section 137). It can vary between six (up to 500 residents) and 66 council members (more than 600,000 residents) (Section 32).

The passive suffrage have all the Germans and citizens of Member States of the European Union ( EU citizenship ), who are on election day at least 18 years old and for at least six months residing in the respective municipalities have (§ 35). Officials of the municipality, the district administrator of the district to which the municipality belongs, and officials who supervise the municipality are not eligible (Section 35 a). The right to vote is already acquired with the completion of 16 years (§ 34).

In the constituent council meeting, the council elects a council chairman from among its members for the duration of the electoral period (section 43 (1)), who chairs the following meetings and who exercises house rights (section 44 (1)). The mayor is also eligible. The council does not have a quorum before the election of a chairman. The chairman can be voted out again with a simple majority of the votes.

Legal status of council members

Like the members of the Bundestag ( Article 38.1 of the Basic Law) and the Lower Saxony State Parliament ( Article 12 NV), the council members are not bound by orders or instructions from third parties or the parliamentary group to which they belong (Article 39.1) . The council as a local authority is not to be equated with a parliament (decision of the Federal Constitutional Court of June 21, 1988), but part of local self-government . Unlike parliamentarians, council members therefore do not enjoy the protection of indemnity and immunity . In contrast to the rules of procedure of parliaments, every council member also has the right to submit motions (Section 39 a). The council members have a special loyalty relationship with the municipalities (Section 27). Witness statements that concern their official secrecy require the approval of the council (Section 25, Paragraph 1).

At least two council members can join together to form a parliamentary group (Section 39b, Paragraph 1). If council members from different parties come together, one speaks of a group . Political groups and groups are, however, legally equivalent and should participate in the decision-making process in the Council, the Administrative Committee and the other committees. The merger of several parties into groups can also affect the composition of the administrative committee and the other committees.

Responsibilities

Although the council is the most important organ of the municipality (see Section 31, Paragraph 1, Clause 1), it is not responsible for all municipal affairs. The council cannot claim tasks that are explicitly assigned to the administrative committee or the mayor (§§ 57 or 62). On the other hand, he can assign individual tasks in his area of ​​responsibility to the administrative committee (Section 40 (4)).

The Council has, inter alia, exclusive decision-making powers

  • the determination of the name, the coat of arms, the flag and the official seal of the municipality as well as the designation of parts of the municipality, streets and squares,
  • Area changes and the conclusion of area change agreements,
  • the enactment, amendment and repeal of statutes and ordinances,
  • the determination of public charges (fees, contributions, taxes),
  • the issuance of the budget charter,
  • the final decision on the establishment, modification, addition and cancellation of land-use plans,
  • taking out loans, taking on guarantees, etc. or
  • membership in communal associations.

Committees

The council can set up its own committees to prepare its resolutions (Section 51 (1)). Unlike the Administrative Committee, these do not count as a separate body. The distribution of seats in the committees is based on the Hare-Niemeyer procedure . If a parliamentary group or group has not received a seat on the committee, it can send a council member to the committee in an advisory capacity (Section 51 (4)).

In addition to this right to voluntarily set up committees, the Council has the duty to set up committees in accordance with special legal provisions. These include the school committee (§ 110 NSchG), the works committee for the municipality's own businesses (§ 113, paragraph 3) or the fire protection committee. The school committee consists of council members and a number of school representatives to be determined by the council. The composition of the works committee is regulated according to the respective company statutes. For example, the community fire chief is represented in the fire protection committee.

City districts and localities

In independent cities or large cities, the council can decide to set up city districts throughout the city (Section 55). In each city district a city district council is formed, which has half as many members as the council of a comparable municipality. If the number of members is even, their number increases by one (Section 55 b, Paragraph 1). In their first meeting, city district councils elect a chairman who bears the designation of district mayor (Section 55 b (3)).

If the exclusive competence does not lie with the council or the mayor, the city district council decides on the public facilities in the city district, the maintenance of the townscape, the promotion of clubs and associations in the city district, partnerships of the city district and the representation of the city district (Section 55 c Para. 1).

The same applies to the formation of localities, local councils and local administrators (§§ 55 e – h).

Management Committee

The administrative committee is the second organ of the municipality and consists of the mayor, who is chairman, and, depending on the size of the council, between two and ten councilors (Section 56, Paragraphs 1 and 2). The election of the councilors follows the rules on the formation of the council committees. Unlike members of the council, elected councilors can be recalled and replaced by their parliamentary group or group against their will at any time (Section 56 (3)). The meetings of the administrative committee are generally not open to the public (Section 59 (2)).

Roughly it can be said that the competence of the administrative committee is limited to all matters that are not clearly assigned to the council, the mayor, special legal committees or the city district or local council (Section 57 (2)). The administrative committee thus has a so-called gap responsibility and is supposed to act as an intermediary between the mayor and the council. Responsibility for the preparation of Council resolutions is mandatory (Section 57 (1)). A Council decision without prior preparation by the Administrative Committee is ineffective.

Nevertheless, the Administrative Committee is often assigned areas of responsibility elsewhere. These tend to be short-term decisions such as urgent decisions (Section 66 sentence 1) or purely administrative matters such as the decision on the admissibility of a resident application (Section 22a (5)) or a referendum (Section 22b (7)).

mayor

The mayor (in urban districts and large independent cities mayor ) is the third member of the community and represents it outside (§ 63 para. 1). He leads the administration, prepares the resolutions of the administrative committee, the city district councils and the local councils and executes their resolutions (§ 62 para. 1). In addition, it leads the day-to-day business of the administration (Section 62 (1) No. 6). Since the reform of Lower Saxony's municipal law, the mayor has had a strong position with important independent decision-making powers. The mayor's superior is the council (Section 80 (5) sentence 1).

Election and term of office

The citizens elect the mayor by direct election. Unlike that of the council, his term of office is eight years (Section 61 (1)), ie the mayor does not have to be elected together with that of the council. The mayor works full-time and, from the acceptance of the election, is a temporary civil servant (Section 61 (4)). To be eligible, who is on election day at least 23 years old, but the age of 65 has not yet been completed and is not excluded under § 35 para. 2 of eligibility and offers the guarantee that at any given time for the free democratic basic order in the sense of the Basic Law for the Federal Republic of Germany. (Section 61 (3)). Theoretically, there are terms of office up to the 72nd year of life. The term of office begins with the acceptance of the election, but not before the end of the day on which the term of office of the previous mayor ends or he retires (Section 61, Paragraph 4, Clause 3).

Deselection

In view of the new long term of office of eight years, the Lower Saxony municipal code provides for the possibility of prematurely voting out a mayor. A more difficult procedure is provided for this:

The voting procedure is initiated by a motion submitted by three quarters of the council members (§ 61 a). It does not need a justification. The mayor has no influence on this, but counts with his vote in all decisions of the council. There must be at least two weeks between the receipt of the application and the council meeting. In this case, the deputy mayor chairs the meeting and there is no debate. The motion requires a majority of three quarters of the council members again. It is publicly elected, the mayor can vote again. The mayor leaves office at the end of the day on which the electoral committee determines that he has been voted out of office.

Joint municipalities

The NGO gives the municipalities the legal basis to form administrative communities. The so-called integrated communities take on tasks of their own and the assigned sphere of activity of their member communities (Section 72 Paragraphs 1 and 2).

Organs of the joint community

The joint municipality has the following organs (Section 75 (1)):

The structure and context of the organs of a joint community are based on the organs of the community. The joint municipality mayor is the head of administration, by virtue of his office a member of the joint municipality council and chairman of the joint municipality committee.

Member municipalities

Structure and interrelationship of the organs of the member congregation of an integrated congregation

The organs of the member communities continue to orientate themselves on the old North German council constitution based on the British model. The mayor is elected from the ranks of the council, of which he is the chairman (Section 68 (1) and (3)). Therefore, the number of council members increases by one in order to prevent a stalemate (Section 32 (1) sentence 2). There is also a different procedure for the formation of the administrative committee: The mayor is part of the parliamentary group that proposed him (Section 69 (1)).

The old office of the community director was preserved . He is appointed by the council for the duration of the electoral term, provided that the council has previously decided that the mayor should only perform representative tasks (Section 70 (1)). Since it is an appointment and not an election, the municipal director - also for reasons of continuity of administration - can no longer be removed from the council, unlike the mayor, during the electoral term.

Most of the time, the mayor of the municipality takes over the duties of the municipality director, provided that he is willing to do so (Section 70, Paragraph 1, Sentence 2). But his general representative or another leader of the joint community can also be considered. The municipality director is called the city director in cities and is an honorary official of the municipality (Section 70, Paragraph 1, Clause 3). He is a member of the administrative committee in an advisory capacity (Section 69 (1)).

Community economy

In addition to special sections in the municipal regulations (§§ 82 ff.), The municipal budget and treasury regulation (GemHKVO) applies, according to which a budget freeze can also be imposed (§ 30 GemHKVO). An insolvency proceedings over the assets of the community is excluded (§ 136 para. 2), for a foreclosure requires the approval of the municipal supervision. By 2011, all municipalities have their household economy after the double entry system ( " accrual accounting have changed"). The audit office of the district monitors the proper community management . The community treasury is responsible for all the community's treasury business (Section 98), but remains a dependent part of the administration and is not a separate authority.

Household economics

A municipality should only acquire assets insofar as this is necessary for the performance of its tasks (Section 96 (1)); the existing assets must be managed carefully and economically (Section 96 (2)). A sale or transfer of use is only permitted for objects that they will not need to fulfill their tasks in the foreseeable future (Section 97 (1) and (2)). The household economy is subject to recognized budgeting principles such as economy and thrift. The municipalities have to plan their budget management in such a way that the continuous fulfillment of their tasks is ensured (Section 82 (1) and (2)). Financial reserves are to be formed from surpluses (Section 95).

Instruments of the community economy are the budget including the budget statute (Sections 84-86), if necessary the supplementary budget (Section 87), the provisional budget management (Section 88) and unscheduled expenditure (Section 89): in addition to the budget, a five-year financial plan for the community is required (§ 90). The communal budget consists of four more or less strong pillars: communal taxes (Art. 106 Para. 5-7 GG) or, in the case of communal associations, allocations, contributions and fees under the NKAG, financial allocations within the framework of communal financial equalization (based on communal taxation , so-called " key assignments ") and loans (§ 92), which are approved by the municipal supervisory authority and must be consistent with ongoing performance.

Special and trust assets

In addition to the so-called free assets, the municipality's assets also consist of special assets (Section 102) and trust assets (Section 103). Special funds (§ 104) are set up for them, which exist separately from the municipal fund, but are nevertheless to be connected to it. The community's special assets serve a special purpose and must therefore be separated from the other municipal assets . These include, among other things, the assets of legally dependent municipal foundations (Section 107 (2)), legally dependent public companies and other public institutions that have to be managed separately, such as B. Own operation (Section 108 (2), Section 6 (1) EigenBetrVO).

The municipality's trust assets largely consist of legally independent foundations and other assets that the municipality has to administer in trust (Section 103 (1)).

Municipal foundations

With regard to municipal foundations , a distinction has to be made between foundations with legal capacity and those with no legal capacity (so-called fiduciary foundations). A municipal foundation with legal capacity is a foundation under civil law, the purpose of which lies in the area of ​​responsibility of a municipal corporation and is administered by it (Section 107 (1) sentence 1; Section 19 (1) NStiftG). Like all foundations with legal capacity, it requires approval ( Section 80 BGB ). The municipal supervisory authority takes the place of the otherwise competent foundation authority (Section 19 (2), third sentence, NStiftG). In addition to § 6 NStiftG, which primarily regulates the maintenance of the foundation's assets, all municipal budgetary management regulations apply to the administration of the foundation's assets (§ 19 (2) sentence 1 NStiftG). For essential decisions of the legally competent foundations, according to Section 40 (1) no. 16 the council is responsible. For dependent foundations, the regulations on budgetary management apply accordingly (Section 102 (2)).

Own operations

The housekeeping of the own operations is primarily determined by the provisions of the Eigenbetriebsverordnung (EigBetrVO). Instead of a budget, the business plan (Section 11, Paragraph 1 of the EigenBetrVO), which consists of the profit and asset plan (Sections 12, 13 of the EigenBetrVO) and the establishment plan (Section 14 of the EigenBetrVO), is used.

Companies and institutions

The municipalities may set up, take over or expand commercial enterprises, provided that the triad of barriers of Section 108 (1) is complied with. The establishment of a legal form under private law or participation in it are only permitted if there is a public purpose, it is ensured that the liability of the municipality is limited to a certain amount and the municipality can exercise reasonable influence on the management (Section 109 (1)) . The partial or complete sale of a company is only permitted if the measure is in the important interest of the municipality (Section 115 (1)).

According to Section 108 (3) institutions

  • to which the municipality is legally obliged (street cleaning),
  • of the teaching, education and training system (adult education center),
  • health and social services, sport and recreation (swimming pools) or
  • which serve exclusively as auxiliary operations for the community (building yard ).

Directed and in-house operations

The run utility is integrated into the administrative structure of its legal entity and is managed as a department of the general administration to be made independent with no legal or budgetary terms. The decision-making process takes place directly in the local council. An own business (§ 113) is organizationally and financially independent, but not legally competent. The plant management is in charge of the in-house operation , but the highest decision-making body remains the council, which issues company statutes and sets up a works committee which prepares the decisions of the council. The legal institution under public law (Sections 113a ff) is intended to combine public-law control options with the flexibility otherwise only attributed to corporations. The municipality issues company statutes for this purpose (Section 113b). The bodies of the establishment are the board of directors and the administrative board as the supervisory body (Section 113e).

Societies

The companies are independent legal entities under private law, mostly in the form of an AG or GmbH . A distinction is made between the mixed-public company (two public authorities), the mixed-economic company (municipality and private company) and the private company (all shares in the municipality). A communal company is only permitted if it serves a public purpose in its articles of association or articles of association, a legal form is chosen that limits the liability of the municipality to a certain amount, the municipality receives appropriate influence on the supervisory board, among other things (Section 109 (1)) . The representatives of the municipality are elected by the council, are committed to the interests of the municipality and are bound by the resolutions of the council and the administrative committee (Section 111 (1)). You have the duty to inform the council at an early stage about all matters of particular importance (Section 111 (4)).

Usage relationship

It is up to the municipality to decide whether the usage relationship should be designed under private or public law. The collection of fees and the use of state coercive measures are indications of a relationship under public law. In the case of public law arrangements, the municipality is empowered to take measures under Section 2, Paragraph 1, Clause 2 to ensure proper operation and the intended purpose: This can be done by statute or administrative act . The residents of the municipality are entitled to use the public facilities of the municipality and are obliged to bear the municipality burdens (Section 22 (1)). The municipality is obliged to decide for itself about an asserted admission claim; private third parties are not authorized to do so.

If the facility is operated under private law, the resident's claim against the municipality remains. There is no right of use by residents of the neighboring communities. However, the municipalities are not allowed to differentiate between residents and foreigners in terms of fees (no “external surcharge”). A “local resident discount” is only permitted if the services are subsidized through the municipal budget. Landowners and tradespeople who do not have their place of residence in the municipality (so-called forums ) have the same status as residents (Section 22 Paragraph 2); the same applies to legal entities and associations of persons who are based in the municipality (Section 22 Paragraph 2). 3). For political parties, there is a special requirement of equal treatment ( Section 5 of the PartG ), which, if appropriately dedicated, also applies to public institutions and can possibly condense into an entitlement to admission. This does not exist if there is a risk based on facts that party organs will call for criminal offenses or administrative offenses during this event.

Supervisory authorities

The self-government guarantee of Article 28, Paragraph 2, Clause 1 of the Basic Law on the one hand and the fulfillment of mandate matters by the state (so-called delegated sphere of activity ) by the municipality on the other hand, make control of the state necessary. It is carried out by the local authority. It should be noted that local supervision is not part of self-government, but rather forms its correlate. It “can therefore not intervene in the core area of ​​self-administration matters [...] in a creative way; the state cannot take the place of the community here ”. The aim of the municipal supervision is to protect the municipality in its rights and to ensure the fulfillment of its obligations (literally § 127 Paragraph 1 Clause 1). The legal supervision as actual municipal supervision to ensure that the communities comply with the laws, while monitoring the lawful and expedient execution of the tasks of the transferred sphere of the technical supervision is responsible (§ 127 para. 1 sentence 2). A further distinction is made between preventive and repressive supervision. Preventive supervision is provided in the case of notification requirements and approval reservations (e.g. borrowing in accordance with Section 92 (2)). The respective legal transaction remains pending ineffective until it is approved by the supervisory authority . Repressive supervision exists e.g. B. in the subsequent repeal of municipal resolutions.

The responsible supervisory authority for the independent cities and the large independent cities is the Ministry of the Interior as the local supervisory authority. For the other municipalities belonging to the district, the district is the local supervisory authority and the Ministry of the Interior is the supreme local supervisory authority (Section 128 (1)). The same applies with regard to the technical supervision for the relevant supreme state authority as the technical supervisory authority (Section 128 (3)).

Legal supervision

The so-called opportunity principle applies to the exercise of supervision by the respective authority . H. the authority can take action, but does not necessarily have to. The prohibition of excess also results in the fact that supervisory means may not be used cumulatively. The municipal supervisory authority can order the dissolution of the council if more than half of the seats are vacant (Section 54 (1)). In addition, the following means are available for the implementation of supervision:

  • the right to information in the form of reports from the municipality, inspection of files and observational participation in meetings of the council, the administrative committee and other committees of the municipality (Section 129);
  • the right to object to unlawful council resolutions and citizens' decisions which may then no longer be carried out (Section 130);
  • the right to issue orders with regard to the duties and tasks incumbent on the municipality within a certain period of time (Section 131 (1)) and then, if necessary, substitute performance by the supervisory authority itself or a third party at the municipality's expense (Section 131 (2));
  • the appointment of a representative if and as long as the orderly course of administration is not guaranteed and other supervisory means do not promise success. The representative then has the position of a community organ (§ 132);
  • the approval of statutes, resolutions and other measures of the municipality (§ 133)

Technical supervision

The municipality performs state tasks in matters of the assigned sphere of activity. The precedence of the law , which is located in Article 20.3 of the Basic Law, already results in a necessary control of the communities by the executive authorities. The technical supervisory authority can issue instructions to the municipality in matters of the transferred sphere of activity in accordance with the applicable laws (Section 127 (2)) and be informed (Section 129 (2)). Additional supervision through further interventions in the municipal administration is not permitted. This also results from the fact that the municipality cannot regularly file a complaint against instructions from the technical supervisory authority for lack of violated legal interests. However, there can be exceptions, for example, in road traffic law due to a possible impairment of the municipal planning sovereignty.

Transitional and final provisions

The final regulations concern the number of inhabitants of the municipalities relevant for elections and provisions regarding the execution of the NGO. The transitional provisions have now been repealed. The number of inhabitants is the result determined by the census of the state statistics authority as of June 30 of the previous year of the election (Section 137 (1)). The reference date for determining the number of council members according to Section 32 may not exceed 18 months and must be at least twelve months before the election day (Section 137 (2)). The Ministry of the Interior was authorized, in agreement with the Ministry of Finance, to regulate the municipal financial management by ordinance. This concerns z. As the content of the budget of the municipality (§ 142 para. 1 no. 1), the budgetary and the introduction of accrual accounting (§ 142 para. 1 no. 2 and 15) and the construction, management and inspection of municipal enterprises of Municipality (Section 142, Paragraph 1, No. 12).

See also

literature

Web links

Individual evidence

  1. ↑ http://www.taz.de/index.php?id=archivseite&dig=2006/09/07/a0257
  2. ↑ See BVerfG , judgment of July 30, 1958; BVerfGE 8, 122; 52.95; 79, 127 - Rastede
  3. ↑ See Section 1, Paragraph 2 of the Law on the Reorganization of the District and the City of Göttingen (Göttingen Law) of July 1, 1964 (Nds. GVBl. P. 134), Link
  4. ↑ See Section 4, Paragraph 1 of the Hanover Region Act of June 5, 2001 (Nds. GVBl. P. 348), Link ( Memento of the original from December 1, 2008 in the Internet Archive ) Info: The archive link was inserted automatically and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.schure.de
  5. ↑ See OVG Lüneburg , ruling from October 15, 1968, OVGE 24, 487
  6. ↑ See OVG NRW , NJW 1970, 565; OVG Lüneburg, NVwZ-RR 1994, 49
  7. ↑ Cf. BVerwGE 32, 333 - "NPD in der Stadthalle"; 47, 280, 286 - “Voting visual advertising on billboards”; BVerwG , NJW 1990, 134 - “Congress Centrum Hamburg”; NVwZ 1992, 263 - "Small Party"
  8. ↑ See vol. Wtt. VGH , NJW 1987, 2698 - “Census Boycott”; Hess. VGH , DVBl. 1993, 618
  9. ↑ Cf. BVerfGE 6, 104, 118 - Local election threshold clause I.
  10. ↑ Cf. BGHZ 142, 51 ("Guarantee")
  11. ↑ See OVG NRW, NWVBl. 1992, 320; VG Dessau, NVwZ 1999, 686
  12. ↑ See BVerwGE 19, 121, 123; BVerwG, DVBl. 1970, 580
  13. ↑ See BVerwG, DÖV 1995, 512