Customary announcement
The customary local announcement or local announcement in the sense of local law represents the procedure of a local authority or other corporation in Germany , according to which it informs its residents about legally binding decisions ( legislative sovereignty ) or general information .
Carriers and forms of the customary notice
Public regional entity which is eligible for the local standards notice, may be in this context: rural communities , cities , municipal administrative associations , regional associations in North Rhine-Westphalia as well as counties and local syndicates .
The decision on which notification method is to be regarded as customary in the respective case is made within the framework of the organizational law of the competent authority. The most common forms are:
- the gazette ,
- the supplement in an official gazette at a higher administrative level (federal state),
- the information in weekly newspapers in the region,
- the official board or notice board, announcement board or community board
- the electronic announcement.
As a special case, this also includes:
- the substitute announcement, a free, time-limited opportunity to inspect documents which, due to their type or physical character, are not or only little suitable for publication in the above-mentioned forms, e.g. graphic representations.
Other legal entities under public law publicly announce decisions that are binding for a certain group of people as well as general information according to their own set of rules, which is considered an official announcement and is to be distinguished from the local announcement. These are, for example, university institutions or associations of statutory health insurance physicians .
Contents of the local announcement
Municipal notices usually contain general information, parts of a hearing procedure , the announcement of resolutions and administrative decisions, general directives , public notices , time, place and agenda of the public meetings of the corporate bodies as well as regionally applicable election results.
Through the customary announcement, different concerns can be pursued, specifically for example early participation , disclosure , promulgation of municipal statutes or resolutions of the representative bodies ( municipal council , district council or special purpose association assembly ).
Authorization bases
In general, the public announcement of administrative decisions with legally binding external effects is laid down in the Administrative Procedure Act Section 27a and Section 41 Paragraphs 3 to 5 and depends on a material legal basis. There are special legal regulations in this sense.
In all German federal states , the municipal and district ordinances and / or legally equivalent provisions form the direct legal basis for the announcement as a process and other associated special legal norms for the specific regulation of the customary announcement. These are national legal provisions (laws or publicity regulations) for the precise description of the manner in which legal acts and other information are to be publicized in a customary manner.
Country-specific legal bases
State of Berlin
- Law on the promulgation of laws and ordinances
State of Baden-Württemberg
- Municipal code for Baden-Württemberg, in § 4, § 34 (1) and § 41 b publication of information
- Ordinance of the Ministry of the Interior for the implementation of the GemO (DVO GemO), in § 1 (1)
Free State of Bavaria
- Municipal Code for the Free State of Bavaria, Article 26 Entry into force; Execution and announcement and analogous to Article 20 of the district regulations.
- Ordinance on the official publication of municipal statutes and legal provisions of administrative communities (Announcement Ordinance - BekV)
country Brandenburg
- Ordinance on the public announcement of statutes and other local regulations in the municipalities, offices and districts (Announcement Ordinance - KnownmV)
Free Hanseatic City of Bremen
- Bremen law on the publication of official notices (Bremen notice law)
Free and Hanseatic City of Hamburg
- Hamburg law on the promulgation of ordinances
State of Hesse
- Ordinance on public announcements by the municipalities and districts
State of Mecklenburg-Western Pomerania
- Implementing ordinance for the municipal constitution (KV-DVO)
State of Lower Saxony
- Lower Saxony Municipal Constitutional Law (NKomVG), § 11
The earlier ordinance on the public announcement of legal provisions of municipal bodies (BekVO-Kom) has been repealed with the above law.
State of North Rhine-Westphalia
- Ordinance on the public announcement of local municipal law (Announcement Ordinance - Known Ordinance)
State of Rhineland-Palatinate
- Municipal Code, § 24 Statutory Authority
- State Ordinance for the Implementation of the Municipal Code (GemODVO), Section 3 Public Notices, Section 7 General Forms of Notification up to Section 10
Saarland
- Ordinance on public announcements by municipalities and associations of municipalities (Announcement Ordinance - BekVO)
Free State of Saxony
- Municipal announcement regulation
State of Saxony-Anhalt
- Municipal Constitutional Law of the State of Saxony-Anhalt (Municipal Constitutional Law - KVG LSA), § 9 Publication of statutes
State of Schleswig-Holstein
- State ordinance on local announcement and promulgation (announcement regulation)
Free State of Thuringia
- Thuringian Ordinance on the Public Announcement of Statutes of Municipalities, Administrative Communities and Districts (Thuringian Announcement Ordinance - ThürBekVO -)
Web links
- Klaus Grupp, Ulrich Stelkens : Saarheim cases on constitutional and administrative law: regulations on the publication of local law, ordinances and laws . on www.saarheim.de ("Saarheim" - Saarheimer Falls , is a fictitious place for demonstration purposes of the website operator to discuss public law issues)
Individual evidence
- ↑ Bettina Plöger-Heeg, Marita Hasebrink: General Administrative Law . Wiesbaden 2015, p. 77
- ↑ Wolf-Uwe Sponer, Ralf Tostmann: Municipal law . Wiesbaden 2016, p. 140
- ↑ Plöger-Heeg, Hasebrink, Verwaltungsrecht, 2015, p. 81
- ^ State of Berlin: Law on the promulgation of laws and ordinances . at www.gesetze.berlin.de
- ^ State of Baden-Württemberg: Municipal Code for Baden-Württemberg, § 4 . at www.landesrecht-bw.de
- ↑ State of Baden-Württemberg: Municipal Code for Baden-Württemberg, § 34 . at www.landesrecht-bw.de
- ^ State of Baden-Württemberg: Municipal Code for Baden-Württemberg, Section 41 b . at www.landesrecht-bw.de
- ↑ State of Baden-Württemberg: Ordinance of the Ministry of the Interior for the implementation of the GemO of December 11, 2000 . at www.landesrecht-bw.de
- ^ Free State of Bavaria: Municipal Code for the Free State of Bavaria. Art. 26 Entry into force; Execution and publication . on www.gesetze-bayern.de
- ^ Free State of Bavaria: Landkreisordnung for the Free State of Bavaria. Art. 20 Entry into force; Execution and publication . on www.gesetze-bayern.de
- ↑ Free State of Bavaria: Ordinance on the official announcement of municipal statutes and legal provisions of administrative communities (Announcement Ordinance - BekV) . on www.gesetze-bayern.de
- ^ State of Brandenburg: Ordinance on the public announcement of statutes and other local regulations in the municipalities, offices and districts . at www.bravors.brandenburg.de
- ↑ Free Hanseatic City of Bremen: Bremen law on the publication of official notices . at www.transparenz.bremen.de
- ↑ Free and Hanseatic City of Hamburg: Hamburg law on the promulgation of ordinances . on www.landesrecht-hamburg.de
- ^ State of Hesse: Ordinance on public announcements by the municipalities and districts . at www.rv.hessenrecht.hessen.de
- ↑ State of Mecklenburg-Western Pomerania: Implementing ordinance for the municipal constitution . on www.landesrecht-mv.de
- ^ State of Lower Saxony: Lower Saxony Municipal Constitutional Law . on www.nds-voris.de
- ^ State of Lower Saxony: Lower Saxony Municipal Constitutional Law (NKomVG) . at www.mi.niedersachsen.de
- ^ State of North Rhine-Westphalia: Ordinance on the public announcement of local authority law . at www.recht.nrw.de
- ^ State of Rhineland-Palatinate: Municipal Code . on www.landesrecht.rlp.de
- ^ State of Rhineland-Palatinate: State ordinance for the implementation of the municipal code . on www.landesrecht.rlp.de
- ↑ Saarland: Ordinance on the public announcements of the municipalities and municipal associations . on www.sl.juris.de
- ^ Free State of Saxony: Communal Announcement Ordinance . on www.revosax.sachsen.de
- ^ State of Saxony-Anhalt: Municipal Constitutional Law of the State of Saxony-Anhalt . at www.landesrecht.sachsen-anhalt.de
- ^ State of Schleswig-Holstein: State ordinance on local announcement and proclamation . on www.schleswig-holstein.de
- ↑ Free State of Thuringia: Thuringian Ordinance on the public announcement of statutes of the municipalities, administrative communities and districts . on www.landesrecht.thueringen.de