Local advisory board
The local council (so called in Brandenburg , Hessen and Schleswig-Holstein , depending on the federal state also local committee , in Baden-Wuerttemberg , partly in Saxony and Thuringia local council , in Saarland and Lower Saxony in small places local council , in Lower Saxony in independent towns and cities also city district council , in Bremen advisory board , in Mecklenburg-Western Pomerania local authority ) is an administrative body of a city or municipality in Germany .
The committee is intended to represent the interests of the districts , districts or suburbs ( local districts in Hessen, localities in Baden-Württemberg , Lower Saxony and, until 2008, localities in Thuringia ) vis-à-vis the city- wide or communal administration and the main body of the respective municipality, the municipal council. In some German federal states it is chosen directly in local elections and in Baden-Württemberg in some of the municipalities (2017: approx. 40%) by means of the " false sub-district election ".
In Baden-Wuerttemberg, the city of Bremen, Hesse and the Saarland, local councils or advisory councils or local councils can be given their own budget for administration. In some federal states, the main statutes of the cities and municipalities can stipulate that the local councils are placed on an equal footing with the committees of the municipal council . In this case, resolutions can be discussed independently beyond your own budget up to a specified limit. These then only have to be submitted to the municipal council for a vote, but not for further discussion.
The internal constitution of the municipalities and the tasks of city districts or local councils are regulated in the municipal regulations of the federal states.
The municipal code (GeO) Baden-Württemberg regulates the local constitution in §§ 67–76. It is up to the municipalities to determine or repeal a local constitution in their main statutes within the framework of the provisions of the municipal code. The chairman of the local council is a local board to be proposed by the council (who does not have to be a member of the council); the proposal must be approved by the responsible local council.
“The local council has to advise the local administration. He can be heard on important matters affecting the locality. He has the right to make suggestions in all matters relating to the locality. "
A municipality can delegate matters relating to the locality to the local council to a limited extent for decision-making. As part of the regional reform between 1968 and 1975, many municipalities were granted such decision-making rights for voluntary affiliation with larger municipalities.
In Brandenburg, the municipal constitution in section 2 districts §46 to §48 determines the formation of districts and the election and position of the local advisory councils. The municipal council can specify and adapt these points via a main statute.
In the municipality of Bremen , 22 advisory boards - four of which are for independent districts - are elected to deal with local issues. They are district parliaments with limited decision-making options and their own financial resources. The background to this is that the municipal representation, the city citizenship, consists of the city-Bremen members of the state parliament, the Bremen citizenship , and there is no representative body like in Berlin or Hamburg at the district level .
In Hesse, the cities and municipalities can form local districts for their area by resolution of the municipal council in accordance with Section 82 (1) of the Hessian Municipal Code (HGO). The establishment and delimitation of the local districts is regulated in the main statute of the municipality. A local council is elected in each local district, the chairman is the local mayor . This is elected in the first meeting after the election from among the local council members.
The election for the local advisory councils takes place simultaneously with the elections for the municipal council or the city council for a period of five years. Changes to the local district boundaries or the cancellation of the local district are only possible at the end of the election period.
The local advisory board consists of a minimum of three and a maximum of nine members, and in districts with more than 8,000 inhabitants a maximum of nineteen members. The exact number is specified in the main statute of the municipality. The members of the local advisory board work on a voluntary basis.
The local advisory board is to be heard on all important matters affecting the local district, in particular on the draft budget. He has the right to make suggestions in all matters concerning the local district. He has to comment on those questions that are put to him by the community council or the community board. Further tasks can be revocably assigned to the local council by the municipal council. The local councils are provided with the financial means they need to carry out their tasks.
In Hessen, not all municipalities have local councils. As a rule, they only have the minimum competencies described under HGO, such as the right to be heard and make suggestions. The decisions, possibly also against the vote of the local council, are made in the municipal council. In some cities, e.g. B. Frankfurt am Main, the local advisory councils have been given more extensive tasks and the corresponding financial resources have been made available to them.
There are currently city district councils in Hanover and Braunschweig , and local councils are elected elsewhere. The responsibilities and competencies arise on the one hand in accordance with the Lower Saxony municipal code , on the other hand from the main statutes of the respective municipality.
In Rhineland-Palatinate, cities and municipalities can form local districts (Section 75 GemO ). In municipalities with more than 100,000 inhabitants, a branch office of the municipal administration (administrative office) can be set up for one or more local districts with a total of at least 15,000 inhabitants (Section 77 GemO).
The number of members of a local council is determined by the main statute of the municipality. It consists of a minimum of three and a maximum of 15 members. The local council elects the representative (s) of the directly elected mayor from among its members .
The local advisory board is to be heard on all important matters affecting the local district, in particular on the draft budget (§ 75 GemO). He has the right to make suggestions in all matters concerning the local district. He has to comment on those questions that are put to him by the community council or the community board. Further tasks can be revocably assigned to the local council by the municipal council. The local councils are provided with the financial means they need to carry out their tasks.
In Schleswig-Holstein, the municipalities can set up local councils according to Section 47 b of the Municipal Code, the status of which is regulated in Section 47 c.
- Badische Zeitung: Fake suburbs are history - Schallstadt - Badische Zeitung . ( badische-zeitung.de [accessed on October 21, 2017]).
- landesrecht-bw.de: Municipalfor Baden-Württemberg (Municipal Code - GemO) in the version of July 24, 2000 (last accessed: December 4, 2015)
- Municipalfor Baden-Württemberg (Municipal Code - GemO) in the version of July 24, 2000. 4. Local constitution (last accessed: December 4, 2015)
- s. Section 70 (1) of the municipal code
- Municipal constitution of the state of Brandenburg