Head of Parliament (Germany)

In some German states, the head of parliament is the (non-official) term for the elected chairman of the municipal representative body of the municipalities or districts (local authorities ) . The legal language does not know the designation of the head of parliament for local representatives of the people, it is rather a collective term in science for the various head and chairman designations and in the interest groups of the municipalities; so has z. For example, the Hessian Association of Towns and Municipalities, a working group of city council leaders and chairmen of the municipal councils .

However, the majority of the German states do not know an elected head of parliament, in these countries the mayor or district administrator is usually the chairman of the respective municipal parliament by law .

The official designations for the heads of parliament are not uniform, because the municipal representative bodies are not parliaments and not organs of the legislature (in contrast to the representative bodies of the states); the number of elected representatives in parliaments was around 2000 in 1982, and that of elected representatives in local parliaments was 200,000. Accordingly, there are different terms in the local constitutional laws both for the various representative bodies and for their chairmen. So is the elected chairman in Thuringia Chairman of the Municipal Council , in Brandenburg and Hesse municipalities chairman of the municipal council , in the districts or counties Chairman of the County Council (or Kreistags- or county president ), etc. The representative bodies are not only in the jargon of local politicians , but often referred to as (local) parliaments in science as well ( hence the term parliamentary head ). Individual provisions of these laws give the parliamentarians their own competences , powers and few (subjective) rights .

List of the names of the local people's representatives, the people's representatives and the heads of parliament in regional authorities in the German states

Country Official Abbreviation of local laws	Name of the representative of the local authority	Designation of the representatives of the people	Municipal associations (offices or similar *)	Name of the head of parliament	Office by virtue of ...
Municipalities and districts with heads of parliament elected by the parliament
Brandenburg BbgK Verf	G: Local council S: City council K: District council	G: Community representative S: City councilor K: District councilor	yes (offices)	G: In official municipalities: honorary mayor G: In non-official municipalities Chairman of the municipal council S: Chairman of the city council K: Chairman of the district council	choice
Bremen only Bremerhaven VerfBrhv	City Council	City Councilor	No	City Councilor	choice
Hessen G: HGO K: HKO	G: Local council S: City council K: District council	G: Community representative S: City councilor K: District councilor	No	G: Chairman of the community council S: City councilor K: Chairman of the district council	choice
Mecklenburg-Western Pomerania KV MV	G: Municipal council S: City council In the Hanseatic cities: Citizenship K: District council	G: Member of the municipal council S: Member of the city council K: District council members	yes (offices)	G: In full-time administered municipalities: Chairman of the municipal council G: In honorary. administered municipalities: Mayor S: City representative K: District Council President	choice
Lower Saxony NKomVG	G: Council S: Council K: District Council	G: Councilwoman / Councilor S: Councilor / Councilor K: Member of the district council	yes (joint municipalities)	G: Chairman S: Chairman K: Chairman of the district council	choice
Country Official Abbreviation of local laws	Name of the representative of the local authority	Designation of the representatives of the people	Municipal associations (offices or similar *)	Name of the head of parliament	Office by virtue of ...
Saxony-Anhalt KVG LSA	G: Municipal council VG: Verbandsgemeinderat S: City council K: District council	G: Municipal council VG: Verbandsgemeinderat S: City council K: District council member	yes (association communities **)	G: Chairman VG: Chairman S: Chairman K: Chairman	choice
Schleswig-Holstein GO SH	G: Local council In small communities (up to 70 inhabitants): Local council S: City council K: District council	G: Community representative S: City representative K: District councilor	yes (offices)	G: Chairman of the municipal council (in municipalities with a full-time mayor : mayor) S: Mayor (for municipalities belonging to an office or by means of a main statute) K: District president	choice
Municipalities and districts with heads of parliament not elected by the parliament (election but possible)
Bremen only city of Bremen as a municipality (Articles 143 and 145 of the state constitution)	City citizenship	Member of the citizenship	No	President of the Citizenship (decision required)	Constitution / election possible
Thuringia ThürKO	G: Municipal Council S: City Council K: District Council	G: City council member S: City council member K: District councilor	Yes	G: Mayor / Chairman d. Municipal council (main sentence regulation required) K: District Administrator / Chairman of the district council (main sentence regulation required)	Law / election possible
Country Official Abbreviation of local laws	Name of the representative of the local authority	Designation of the representatives of the people	Municipal associations (offices or similar *)	Name of the head of parliament	Office by virtue of ...
Municipalities and districts with heads of parliament by virtue of office, they are not elected by the parliament
Baden-Württemberg G: GemO K: LKrO	G: Local council S: Local council K: District council	G: Local councils S: City councils K: District councils	No	G: Chairman / Mayor S: Chairman / Mayor / Lord Mayor K: District Administrator	Law
Bayern G: GO K: LKrO	G: Municipal Council S: City Council K: District Council	G: City council member S: City council member K: District councilors	No	G: First Mayor S: First Mayor / Lord Mayor K: District Administrator	Law
Berlin has no municipal code	House of Representatives ( State Parliament )	-	-	-	-
Hamburg has no municipal code	Citizenship ( state parliament )	-	-	-	-
North Rhine-Westphalia GO NRW	G: Council of the municipality S: Council of the city K: District council	G: Council member S: Council member K: District councilor	-	G: Mayor S: Mayor In urban districts: Lord Mayor K: District Administrator	Law
Rhineland-Palatinate GemO	Upper floor: Municipal council VG: Verbandsgemeinderat S: City council K: District council	OG: Council member VG: Council member S: Council member K: District council member	yes (association communities **)	OG: Local Mayor VG: Mayor S: Mayor In urban and large urban districts: Lord Mayor K: District Administrator	Law
Saarland KSVG	G: Municipal Council S: City Council K: District Council	G: Member of the municipal council S: Member of the city council K: Member of the district council	No	G: Chairman of the municipal council S: Chairman of the city council K: Chairman of the district council	Law
Saxony SächsGemO	G: Municipal Council S: City Council K: District Council	G: Municipal Council S: City Council K: District Council	no (administrative association; administrative association ***)	G: Mayor S: Mayor / Lord Mayor K: District Administrator	Law

OG = local community, G = community, VG = association community, S = city, K = district / district - *) Associations: offices, joint communities, administrative communities; **) Association municipalities in Rhineland-Palatinate and Saxony-Anhalt are regional authorities with the corresponding sovereign rights ; ***) The administrative association and the administrative community are not regional authorities

Local constitutional laws in the German states with local authorities and elected parliamentarians

The individual laws named below contain numerous authorizations for various legal regulations of the collegial bodies through statutes ( local law ), in particular the main statute , and the rules of procedure (GeschO):

Brandenburg :
Municipal constitution of the state of Brandenburg (BbgKVerf) of December 18, 2007 (GVBl. I / 07 [No. 19], p. 286), last amended by Article 4 of the law of July 10, 2014 (GVBl. I / 14, [No. 32])
Bremen :
Article 143, Paragraph 2 of the state constitution: The city of Bremen and the city of Bremerhaven each form a municipality of the state of Bremen. ; Article 145, Paragraph 1 of the state constitution: The constitutions of the municipalities are established by the municipalities themselves. Principles for this can be determined by law.
- Implementation law for Article 145 paragraph 1 of the state constitution of March 23, 2010, amended several times by law of April 1, 2014 (Brem.GBl. P. 243)
- Rules of Procedure of the Bremen Citizenship (18th electoral period) in the version of the takeover resolution of 1 April 2014 July 2015, last changed on September 23, 2015 (in particular § 75 application of the rules of procedure to citizenship ...)
- Constitution for the City of Bremerhaven (VerfBrhv) of December 3, 2015 (Brem.GBl, p. 670)
Hessen :
- Hessische Municipal Code (HGO) in the version published on March 7, 2005 (GVBl. I p. 142), last amended by Article 1 of the law of March 28, 2015 (GVBl I p. 158, 188)
- Hessian district regulation (HKO) in the version of the announcement of March 7, 2005 (GVBl. I p. 183), last amended by Article 2 of the law of March 28, 2015 (GVBl. I p. 158)
Mecklenburg-Western Pomerania :
Municipal constitution for the state of Mecklenburg-Western Pomerania (Municipal Constitution - KV MV) of July 13, 2011, proclaim t as Article 1 of the law on the municipal constitution and amending other municipal regulations of July 13, 2011 (GVOBl. MV, p. 777)
Lower Saxony :
Lower Saxony Municipal Constitutional Law (NKomVG) of December 17, 2010 (Nds. GVBl, p. 576), last amended by Section 4 of the law of November 12, 2015 (Nds. GVBl, p. 311),
Schleswig-Holstein :
- Municipal
code for Schleswig-Holstein (municipality code - GO -) in the version dated February 28, 2003 (GVOBl. 2003, p. 57) - District code for Schleswig-Holstein (district code - KrO -) in the version dated 28 February 2003 February 2003 (GVOBl. 2003, p. 94)
Thuringia :
Thuringian municipality and district regulation (Thüringer Kommunalordnung - ThürKO -) in the version of the announcement of January 28, 2003 (GVBl. 2003, p. 41).

Person and office of the head of local people's representative bodies

The person elected by the local people's representative body (municipal council, municipal council / city council, district council , etc.) holds a public office . It's an honorary position . The elected person is in public loyalty - but not necessarily in an employment relationship, for example in the sense of civil service law. In its duty of loyalty, it must first and foremost observe the rules (customs, customs) of the rules of procedure of representative bodies required by tradition , on the other hand it has duties that the law has imposed on it (e.g. information and representation duties).

From a formal point of view, the parliamentarians have a double duty of loyalty ( double loyalty ), on the one hand as a member elected (by the people) (to the community welfare and conscience or to voter mandates, if they see this as a personal obligation), on the other hand as (by the members of the communal parliament elected) "servants" of their colleagues, the community council members , community representatives, city councilors, district council members, etc. A. are; On the one hand, as representatives of the people, they are not bound by instructions, but on the other hand, as chairmen, they are bound by the instructions (resolutions) issued by their body.

choice

Electoral body

The head of parliament is elected by the body to which he belongs (eligibility) in the first session (often colloquially known as the constituent session ) in the municipalities in which the law prescribes an election by the parliament. All members are entitled to vote, all members are also eligible. The election takes place in a special ballot, a majority of votes is required. Usually the main statute of the municipality or district has to determine the number of representatives of the chairman or the electoral procedure: majority or proportional representation (possible with several deputies), unless otherwise stipulated by law for the electoral procedure.

Ability to act of the parliament

The elected MP not only becomes (individually) head of parliament through the election, the collegial body only becomes legally capable of acting through this election , i.e. H. only then can it undertake legal acts as an organ , e.g. B. Pass resolutions or make elections or make other legally relevant decisions.

"Age President"

Until the election of the chairman, the oldest member of the representative body (in jargon, the age chairman ) takes the chair. Its function, however, is exhausted in directing the election of the chief; He has no other competences, powers or rights (he is also not the representative in office ).

Deselection

Usually the office of the head of parliament ends with the end of the electoral term of his body. According to some local constitutional laws, this can lead to an earlier end by being voted out of office (resolution). The decision often has to be approved by a qualified majority (e.g. two thirds of the statutory number of the body). The same applies to the voting out of his representatives.

Tasks (responsibilities, powers and rights)

The chiefs have a number of tasks

• the law (the individual provisions of the respective municipal constitution law),
• the rules of procedure of their institution and a few too
• through the customary law applicable to Parliament (such as customs and conventions in the British parliamentary system )

assigned. This gives rise to their responsibilities, powers and, in a few cases, their own rights, which are necessary to fulfill the tasks specified by law.

Protector of the minority

The chairman is obliged to promote the work of the representative body fairly and impartially. Various functions are assigned to him in literature, he is

• the representative of the parliamentary majority , but who should protect and promote the rights and opportunities of the parliamentary minority ( protector of the minority );
  but he should at the same time
• prevent the obstruction (targeted inhibition or hindrance) by which parliamentary work can be paralyzed or significantly delayed or disrupted, for example through debates on fatigue (e.g. also called filibusters in the USA ).

"Core business": chairing the meeting

The members of the representative bodies primarily fulfill their obligation by attending meetings (compulsory meeting). The organization of these meetings is the responsibility of the headmaster; he can help the relevant administrative body of the municipality (Mayor, Municipal Government, Municipal, District Committee) as its office use ( Organleihe ).

Convocation: summons, place and time

The chairman calls the MPs to the meetings. The law does not determine the number of meetings; it usually only prescribes the minimum number. B. for the municipal council at least once every two months, the district council four times a year. It is often the case that the district council meets quarterly.

Items for negotiation: items on the agenda

The subjects of the negotiation (= agenda items, also TOP for short) must be specified in the invitation . The chairman sets the agenda, in particular the order of the items to be discussed, and the time of the meetings (start and end). He refused to follow the "executive body" (parish council, mayor, municipal, county committee o. Ä.) To set the behavior (About projects to inform and to listen to concerns) and deviating only for compelling reasons of his ideas (sometimes pleonastisch as called increased consideration ).

Chair of the meeting: rules of procedure

The head of the board leads the negotiations of the representative body, handles the order in the meetings and exercises the house rules . He can issue rules and prohibitions towards the members of the organ and the visitors (listeners) and ensure that they are carried out. He (or those commissioned by him) may not exercise direct coercion , the police are responsible for enforcing it. Both functions (handling of order in the session and house rules) are given to him by law (in real parliaments this follows - since there is no corresponding arrangement in the respective constitution or in the Basic Law - from the autonomous position of parliament in relation to the other constitutional organs ). The rules of procedure of the representative body can assign further functions to the internal process flow. The "rules of procedure" include not only the rules that the corporation has given itself in a "formal" rules of procedure, but all regulations that belong to the material area of ​​a code (collection of laws) on the course of business (which can also be achieved by individual resolutions of the Popular representation can happen).

Participation in the certification of the minutes

Most local laws mandate that minutes ( minutes ) be made of the course of the meeting. In addition to the actual notary, the secretary , the head of parliament is obliged to sign the minutes. However, he does not have a notarial function, because the chairman is not responsible for the text, his function is only to chair the meeting and to determine which resolutions have been passed. The supervisor is required to sign because he must be aware of the text of the document, his signature means, according to the tradition of business practices of the parliaments in Germany (rules of procedure), only a simple "Vidit" (= former name for I have seen it and its content taken note. Abbreviated also Vt., Vdt.). Like every municipal representative, he can point out his (possibly different) opinion to the secretary, but he cannot force the protocol to be changed (only the municipal parliament can do this by means of a plenary resolution).

The obligation to sign has nothing to do with who created (wrote) the document. This is usually the task and responsibility of the secretary, and he alone, because he alone is responsible for the text, he is the notary (unless the law or the rules of procedure have made other provisions). The elected secretary is usually also the teller, not the chairman (unless the rules of procedure have otherwise regulated this). The content of the minutes must regularly contain the essential elements of the minutes: place and time of the meeting, the people involved and the process (according to local constitutional laws: the essential content of the negotiations)

Disciplinary Powers

The head of parliament also has disciplinary powers vis-à-vis individual representatives of the people. Most local constitutional laws give him the power to exclude members of the representative body from attending meetings for up to three days for improper or repeated improper behavior.

Representation in disputes, including legal disputes

The chairman is the legal representative of the collegiate body he chairs. In judicial and extrajudicial proceedings, he represents the representative body (according to the municipal constitution of a number of countries) in the proceedings carried out by it or directed against it, if it does not appoint one (or more) representatives from its midst. However, this does not rule out milder disciplinary measures (call to order, admonition, etc.), as long as they comply with parliamentary tradition.

External representation of the collegiate body

Until the last third of the 20th century, the parliament chief had only the task of the session leader who adopted then law emphasized increased its position as "the first citizen of his community" (that honor designation came after the Prussian city order of 1808 earlier only the city council, to. Special Difficulties can arise in the small towns with a municipal constitution through the office of the city councilor. Often the city councilor does not limit himself to the formal management of the business of the city council. ) The chairman represents the representative body (as a collegial body) in public. Although this task is handled differently by the respective local chiefs, it usually leads to a number of public appearances, especially at public events of the respective regional authority (municipality, district) and the local (culture and sport promoting) associations and those in danger prevention and the Rescue services and other socially active organizations.

Press

The law specifically mentions that the ruler can turn to the residents to inform them about the work of the community council (not his own work). The aim of his information is to promote the tasks of the municipal representative body, he can freely choose his means (method), if he does not violate his impartiality (sometimes also referred to as impartiality) and the obligation to be fair. In particular, he or she can communicate with the residents orally (through speeches, press conferences, speeches, etc.) or in writing (press releases or printed works, radio and television interviews, Internet, etc.).

Residents' meeting

The head of parliament is not obliged to hold residents' assemblies; the legal formulation can grants him discretion as to whether and how his means are used. For the publication of more important information, however, this is usually done by a residents' meeting. In contrast to the citizens' assembly, it is open to all residents, so non-voters may also participate; But since it is not public (at least in Saxony), the head of parliament is not allowed to allow others to participate (e.g. non-residents, visitors from other communities and also representatives of the press)

Protection of dignity and law - mission statement

The parliamentarians uphold the dignity and rights of the local parliament . This idea is aimed especially after the mission statement , which has the general public on the behavior of the incumbent and, specifically, with what understanding he represents his office to the outside and handles the rules of procedure in parliamentary practice. The role of the speaker of the English / British House of Commons has received worldwide attention and orientation over the past 400 years, especially during times of crisis or conflict in parliament. The roots of the German parliamentary rules of procedure are regularly located in the procedural rules of the British parliament ... From there, the French National Assembly ( Assemblée nationale constituante ) received the trend-setting suggestions for the first continental European parliamentary rules of procedure ... The strong influence of the English model is essentially due to that Count Mirabeau caused the British lawyer Bentham to draft a small outline of the rules of procedure of the British House of Commons. The script was translated into almost all European languages, soon also into German and was a model for the rules of procedure of the chambers , the parliaments of the individual states in the German Confederation (1815–1866).

In the preface to this document, the ideal of the parliamentary work at that time and also the behavior of the parliamentarian is described:

• Secure the freedom of all members,
• protect the minority,
• the questions that are being discussed
  • order properly,
  • achieve a methodical negotiation,

and as a final result

• come to the faithful utterance of the general will,
• Finally, perseverance in all endeavors:
  these are necessary conditions for the maintenance of a political assembly. It must continuously try to protect itself against three great evils which threaten it as long as it exists: "hastiness, violence and deceit (fraude)". Two great enemies stand at their gates,
• the oligarchy when the small number dominates the will of the majority and
• the anarchy , when everyone, jealous of their own independence, opposes the formation of a common will .

Surrounded by so many dangers, what kind of defense does it have? No other than her inner system, which she can only save if it constantly imposes the necessity of moderation , reflection and perseverance on the whole corps .

Even before 1860, the textbooks wrote about the speaker of the British House of Commons (now the role model for all Members of Parliament worldwide): In general, the office of speaker in the House of Commons is a very dignified and at the same time difficult one. He must always be ready to give instructions in and outside the home, but is also always treated with great reverence by the whole House of Commons, whose dignity he summarizes in his person, even and especially where an individual objects to his sayings thinks he can. ... If he rises to speak during the negotiations, every other member must sit down immediately and be silent. A "bestseller" in English historiography about the Glorious Revolution of 1688/89, which appeared in the revolutionary year of 1848 , contributed to the popularization of the speaker's role, in which the author ( Thomas Babington Macaulay ) particularly emphasized the sovereign and fearless behavior of the speaker towards the king ( James II of England, English: James II) as a role model for the MPs during the revolutionary events from autumn 1688 to spring 1689.

The model of the British speaker is presented as follows in later literature: The speaker, through his powers of attorney and impartial behavior, fulfills the function of ensuring a swift debate and at the same time helping the opposition to gain their rights ... ( Iring Fetscher 1968).

Even if these descriptions only concern the parliamentary president of so-called real parliaments (parliaments of states), the example played a major role in the legislation of the corresponding provisions in the local constitutional laws.

Organ lending: "foreign" activities

Compilation of advertisements from community representatives about possible conflicts of interest due to other activities

The members of an organ of the municipality are obliged to report their membership or paid or voluntary work in a corporation, establishment, foundation, society, cooperative or association once a year to the head of the parliament to which they belong. This usually has to forward the collected reports to the chairman of the finance committee.

Citizens' Assembly

The group of participants in the citizens' meeting is limited to citizens (i.e. only those who are entitled to vote in the municipality). To hold the citizens' meeting at least once a year, the head of parliament is z. B. in Hesse quasi obligated, because in the legal regulation the wording should be included. In administrative jargon, this usually means a must , if not substantial factual reasons, against calling the meeting. The meeting's agenda is limited to important community affairs . In contrast to the residents 'assembly, only citizens (i.e. residents entitled to vote) can take part in the citizens' assemblies; Residents who are not entitled to vote can, however, be admitted as listeners by the chairman.

The process of the citizens' meeting is to be organized in a similar way to the meeting of the community council (invitation, items to be negotiated, participation and the right to speak at any time of the authorized representative of the executive body [in Hesse: community board], house rules, etc.). According to the Hessian regulation, consultants can even be called in and experts heard.

Individual evidence of the legal sources for the competencies, powers and rights of the elected parliamentarians

Legal regulations in the German states with parliamentarians

Regulations area Abbreviated legal designation	Brandenburg BbgK Verf	Bremerhaven VerfBrhv	Hessen HGO; HKO	Mecklenburg- Western Pomerania KV MV	Lower Saxony NKomVG	Schleswig-Holstein GO ; KrO	Thuringia ThürKO
Institutional guarantee of the office	Section 33 (2) sentence 1	Section 27 (1) sentence 1	Section 49 sentence 2; Section 31 (1) sentence 1	Section 23 (3) sentence 4; Section 105 (2) sentence 4	Section 59 (3) sentence 1	Section 33 (1) sentence 1;	Section 23 (1) sentence 3
Election of the chairman	Section 33 (2)	Section 27 (1) sentence 1	Section 57 (1) sentence 1; Section 31 (1) sentence 1	Section 28 (2) sentence 1; Section 106 (1) sentence 3	Section 61 (1) sentence 1	Section 33 (1) sentence 1	Section 23 (1) sentence 3
Election of representatives	§ 40	Section 27 (1) sentence 3	Section 57 (1) sentence 1; Section 31 (1) sentence 1	Section 28 (5) sentence 1; Section 106 (3) sentence 1	-	Section 33 (1) sentence 1	Section 23 (1) sentence 3; Section 102 (1) sentence 3
Deselection of the chairman	-	-	Section 57 (2) sentence 1; Section 31 (2) sentence 1	-	Section 61 (2)	Section 40a Paragraph 2 Sentence 1 No. 1; Section 35a (1) sentence 1	Section 23 (1) sentence 4; Section 102 (1) sentence 4
Deselection of representatives	-	-	Section 57 (2) sentence 2; Section 31 (2) sentence 2	-	-	Section 33 (6); Section 35a (1) sentence 1	-
End of office	Section 34 sentence 2	-	Section 57 (2) sentence 2; Section 31 (2) sentence 2	-	-	Section 33 (6); Section 28 (5)	-
Promotion of the tasks of the representative body	-	-	Section 57 (4) sentence 1	-	-	-	-
Legal representative of the collegiate body / legal representative	-	Section 36 sentence 4	Section 58 (7); Section 32 sentence 2	Section 28 (4) sentence 1; Section 106 (2)	-	Section 33 (7)	-
Urgent decision-making authority (together with the main administrative officer) in the event of danger prevention or ...	Section 58 sentence 1	-	-	-	-	-	-
Additional expense allowances damage	Section 30 (4) sentence 3	-	Section 27 (3) sentence 3	-	-	-	-
Representation in the population	-	Section 36 (1) sentence 1	Section 57 Paragraph 3; Section 31 Paragraph 3	-	-	§ 10 sentence 1; § 10 sentence 1	-
Regulations area Abbreviated legal designation	Brandenburg BbgK Verf	Bremerhaven VerfBrhv	Hessen HGO; HKO	Mecklenburg- Western Pomerania KV MV	Lower Saxony NKomVG	Schleswig-Holstein GO ; KrO	Thuringia ThürKO
Residents and citizens
Resident application / approval	-	Section 16 (4) sentence 1	-	-	-	-	-
Convening and chairing / chairing the residents' assembly	-	-	Section 57 (4) sentence 2	-	-	Section 16b (1) sentence 3	-
Convening and chairing / chairing the citizens' meeting	-	-	Section 8a (2) sentence 1 and 3	-	-	-	-
the submission of a referendum	-	Section 16 (3) sentence 1	-	-	-	-	-
Colleagues and collegiate body
Introduction and obligation of the collegiate body	-	Section 28 sentence 1	-	Section 106 (1) sentence 6	-	-	-
Publication of the profession and activity of the members	-	-	-	-	-	Section 32 (4) sentence 2	-
the ads of occupation and activities	Section 31 (3) sentence 1	-	Section 26a sentence 1	Section 25 (3), Section 32 (4) sentence 1	-	-	-
the display of reasons for exclusion	Section 31 (2) sentence 1 no.3	-	Section 25 (4) sentence 1	Section 24 (3) sentence 1	-	-	-
Report (annually) on other activities of the members (conflict of interests)	-	-	Section 26a sentence 2	-	-	-	-
Contradiction about the validity of elections	-	-	Section 55 (6) sentence 1;	-	-	-	-
Waiver of mandate	-	-	-	Section 23 (3) sentence 4; Section 105 (2) sentence 4	-	-	-
Regulations area Abbreviated legal designation	Brandenburg BbgK Verf	Bremerhaven VerfBrhv	Hessen HGO; HKO	Mecklenburg- Western Pomerania KV MV	Lower Saxony NKomVG	Schleswig-Holstein GO ; KrO	Thuringia ThürKO
meeting
The first meeting is called	(by the previous chairman)	Section 30 (1) sentence 1	Section 58 (1) sentence 1; Section 32 sentence 2	Section 28 (1) sentence 2	-	Section 34 Paragraph 1 Clause 1, 2; Section 29 (1) sentence 2	-
Convening meetings	Section 34 (1) sentence 2 2nd half-sentence	Section 30 (1) sentence 1	Section 58 (1) sentence 1; Section 32 sentence 2	-	Section 59 (3) sentence 4	-	-
Shortening the notice period	(with corresponding GeschO regulation) § 34	-	Section 58 (1) sentence 3; Section 32 sentence 2	-	-	-	-
Agenda	Section 35 (1) sentence 1	Section 30 (3) sentence 1	Section 58 (5) sentence 1; Section 32 sentence 2	Section 29 (1) sentence 1; Section 107 (1) sentence 1	Section 59 (3) sentence 1	Section 34 (4) sentence 1; Section 29 Paragraph 4	-
Determination of the resolutions capacity	Section 38 (2) sentence 2, 3	-	Section 53 (1) sentence 3; Section 32 sentence 2	Section 30 (1) sentence 3; Section 108 (1) sentence 4	Section 65 sentence 2	Section 38 (1) sentence 2; Section 33 (1) sentence 1	-
Negotiation management	Section 37 (1)	Section 36 sentence 2	Section 58 (4) sentence 1; Section 32 sentence 2	Section 29 (1) sentence 5; Section 107 (1) sentence 5	Section 63 (1)	Section 37 sentence 1; Section 32 sentence 1	Section 41 sentence 1; Section 112
Authority	Section 37 (1)	Section 36 sentence 2	Section 58 (4) sentence 1; Section 32 sentence 2	Section 29 (1) sentence 5; Section 107 (1) sentence 5	Section 63 (1)	Section 37 sentence 2; Section 32 sentence 2	Section 41 sentence 1; Section 112
Domiciliary right	Section 37 (1)	Section 36 sentence 2	Section 58 (4) sentence 1; Section 32 sentence 2	Section 29 (1) sentence 5; Section 107 (1) sentence 5	Section 63 (1)	Section 37 sentence 1; Section 32 sentence 2	Section 41 sentence 1; Section 112
Signing the protocol	Section 42 (3) sentence 1	Section 37 (2) sentence 1	Section 61 (2) sentence 1; Section 32 sentence 2	-	-	Section 41 (1) sentence 2; Section 36 (1) sentence 3	Section 42 (2); Section 112
Regulations area Abbreviated legal designation	Brandenburg BbgK Verf	Bremerhaven VerfBrhv	Hessen HGO; HKO	Mecklenburg- Western Pomerania KV MV	Lower Saxony NKomVG	Schleswig-Holstein GO ; KrO	Thuringia ThürKO
Elections: drawing of lots	-	Section 34 (2) sentence 3, 5	Section 55 (1) sentence 4, paragraph 5 sentence 3; Section 32 sentence 2	Section 32 (1) sentence 3; Section 110 (1) sentence 3	Section 67, sentence 7, Section 71, paragraph 8, sentence 2	Section 40 (3) sentence 2; Section 46 (5) sentence 2	-
Elections: contradiction	-	-	Section 55 (6) sentence 1; Section 32 sentence 2	Section 32 (1) sentence 3; Section 110 (1) sentence 3	-	Section 40 (3) sentence 2, Section 46 (5) sentence 2	-
Disciplinary authority: Exclusion of members from meetings	-	Section 38 (2) sentence 2	Section 60 (2) sentence 1; Section 32 sentence 2	-	-	Section 42 sentence 1 Section 37 sentence 2	-
Committees
Announcement of the cooperation setting	Section 43 (2) sentence 2, 4 and 5	-	Section 62 (2) sentence 2	-	-	-	-
Summons to the first meeting	-	-	Section 62 (3) sentence 1	Section 36 (4) sentence 1; Section 114 (4) sentence 1	-	-	-
Participation in all meetings	-	-	Section 60 (4) sentence 1; Section 32 sentence 2	-	-	-	-
Advisory voice at all meetings	-	-	Section 62 (3) sentence 1; Section 63 (2)	-	-	-	-
Chair of the constitution and rules of procedure committee	-	Section 43 (2) sentence 1	-	-	-	-	-
Factions
the declaration on the formation of a political group and the appointment of its members	Section 43 (2) sentence 2	-	Section 36a (2)	-	-	-	-
the filing of the parliamentary group's rules of procedure	-	Section 26 (3) sentence 1	-	Section 106 (1) sentence 6	-	-	-
Regulations area Abbreviated legal designation	Brandenburg BbgK Verf	Bremerhaven VerfBrhv	Hessen HGO; HKO	Mecklenburg- Western Pomerania KV MV	Lower Saxony NKomVG	Schleswig-Holstein GO ; KrO	Thuringia ThürKO
Head of Parliament as the competent authority for ...
the inauguration / obligation / swearing-in of the mayor and the councilors or members of the magistrate	-	Section 48 (3)	Section 46 (1)	-	-	-	-
the acceptance of the resignation of the main administrative officer / mayor	-	-	Section 76 (4) sentence 6	-	Section 82 (3) sentence 2; Section 82 (4)	-	-
the receipt of the application for retirement due to Loss of confidence	-	-	Section 76a sentence 2	-	Section 84 (1) sentence 2	-	-
the acceptance of the mayor's objection to the validity of elections	Section 60 (3) sentence 2	-	Section 55 (6) sentence 1; Section 32 sentence 2	-	-	-	-
Regulations area Abbreviated legal designation	Brandenburg BbgK Verf	Bremerhaven VerfBrhv	Hessen HGO; HKO	Mecklenburg- Western Pomerania KV MV	Lower Saxony NKomVG	Schleswig-Holstein GO ; KrO	Thuringia ThürKO
the appointment of the district administrator	Section 127 (4)	-	-	-	-	-	-
the raising of the complaint regarding the form and deadline of the invitation to the meeting	Section 34 (6) sentence 3	-	-	-	-	-	-
the mayor's objection to the resolutions of the representative body	Section 55 (1) sentence 2	-	Section 63 (1) sentence 3; Section 63 (2) sentence 1	-	-	-	-
the acceptance of the mayor's objection to a committee decision	Section 55 (1); Section 55 (6)	-	Section 63 (1) sentence 3	-	-	-	-
placing the order with the auditing office	-	Section 73 (3) sentence 1	-	-	-	-	-
the receipt of the application to deselect the aldermen / district administrator	Section 60 (3) sentence 2; Section 128 (3) sentence 2	-	-	-	-	-	-
to carry out the assertion of claims against the mayor	-	-	-	-	-	Section 29 Paragraph 1	-

literature

• Michael Borchmann, Emil Vesper: Reform problems in local constitutional law. (Writings of the German Institute for Urban Studies. Volume 58). Edited and with an introduction by Günter Püttner. (W. Kohlhammer) Stuttgart 1976.
• Ulrich Dreßler: 50 years of parliament in the HGO - the unknown anniversary. In: Hessian city and community newspaper. No. 9, September 2000, p. 300 ff. ISSN  0171-9610
• Iring Fetscher : Great Britain, Society - State - Ideology. (= Fischer Athenaeum pocket books social sciences). (Athenäum Fischer Taschenbuch Verlag) Frankfurt am Main 1968, ISBN 3-8072-4010-1 .
• Andreas Kost, Hans-Georg Wehling (Hrsg.): Local politics in the German states 2nd edition. (VS Verlag für Sozialwissenschaften | Springer Fachmedien) Wiesbaden 2010, ISBN 978-3-531-17007-7 .
• Thomas Mann , Günter Püttner (Hrsg.): Handbook of municipal science and practice. Volume 1: Fundamentals and municipal constitution. 3. Edition. (Springer Verlag) Berlin / Heidelberg 2007, ISBN 978-3-540-23793-8 .
• Yvonne Ott : The parliamentary character of municipal representation: a comparative legal study of the quality of state and municipal representative bodies. (Nomos) Baden-Baden 1994.
• Hans-Peter Schneider , Wolfgang Zeh (ed.): Parliamentary law and parliamentary practice in the Federal Republic of Germany - A manual. (Walter de Gruyter) Berlin 1989, ISBN 3-11-011077-6 .
• Ernst Srocke: German municipal constitution systems - The municipalities and associations of municipalities in the Federal Republic of Germany including the administrations in Bremen, Hamburg and Berlin as well as a brief description of the local organs in the GDR. (Erich Schmidt Verlag) Berlin 1975. (also: State Center for Political Education Berlin)

Individual evidence

1. ↑ Dirk Ehlers: The local council. In: Thomas Mann , Günter Püttner (ed.): Handbook of communal science and practice. Volume 1: Fundamentals and municipal constitution. 3. Edition. (Springer Verlag) Berlin / Heidelberg 2007, ISBN 978-3-540-23793-8 , p. 462, Rn. 2
2. ↑ Yvonne Ott : The parliamentary character of municipal representation: a comparative legal study of the quality of state and municipal representative bodies. (Nomos) Baden-Baden 1994
3. ^ Ulrich Dreßler: Local politics in Hesse. In: Andreas Kost, Hans-Georg Wehling (Hrsg.): Local politics in the German states. 2nd Edition. VS Verlag für Sozialwissenschaften | Springer Fachmedien, Wiesbaden 2010, ISBN 978-3-531-17007-7 , p. 172.
4. ↑ E.g. Ulrike Adrian, Johannes Heger: Preparation and implementation of the constituent meeting of the municipal council 2016. In: Hessische Städts- und Gemeinde-Zeitung. Volume 66, No. 1 January 2016, pp. 3–12.
5. ↑ The legal number is determined by the number of residents; she is z. B. in Hesse determined by the HGO: § 38 paragraph 1 HGO (Hessian municipality code) and can amount to between 15 and 105 municipality representatives depending on the number of inhabitants.
6. ↑ In Hesse: Section 57, Paragraph 4, Clause 1 of the HGO (Hessian Municipal Code)
7. ↑ Norbert Breunig: 5 years parliamentarian . In: Grindaha, publications of the Geschichtsverein Gründau e. V., Issue 26, Gründau 2016, pp. 128-136 ISSN  2194-8631
8. ↑ Short and to the point: § 38 (compulsory meeting) of Saarland Law No. 788 - Municipal Self-Administration Act - KSVG - of January 15, 1964, Official Gazette 1997, p. 682 ff .: The municipal council decides in meetings.
9. ↑ In Hesse: Section 56 (1) sentence 1 HGO (Hessian municipality code)
10. ↑ § 32 sentence 2 HKO (Hessian district regulation)
11. ↑ In Schleswig-Holstein for the municipalities: Section 34, Paragraph 4, Clause 1 GO (Municipal Code for Schleswig-Holstein); for the districts: § 29 Abs. 4 KrO (district regulations for Schleswig-Holstein)
12. ↑ In Brandenburg: Section 37 (1) BbgKVerf (municipal constitution of the State of Brandenburg)
13. ^ Norbert Achterberg : Parliament law. JCB Mohr (Paul Siebeck), Tübingen 1984, ISBN 3-16-644769-5 , p. 52 ff.
14. ↑ Peter Axer: Standard-setting of the executive in the social insurance: an amount to the requirements and limits of sub-legal standard-setting in the state of the Basic Law . Jus publicum; Volume 49, Mohr Siebeck, Tübingen 2000, ISBN 3-16-147283-7 , p. 220 f.
15. ↑ E.g. in Hesse: Section 61, Paragraph 1, Clause 2 and 3 HGO (Hessian Municipal Code)
16. ^ Moritz Jaffé: The city of Posen under Prussian rule, constitution and administrative organization of the cities, writings of the Verein für Socialpolitik, Volume 119, Duncker & Humblot, Berlin 1909, p. 67.
17. ↑ In Bremerhaven: Section 36, Paragraph 1, Sentence 1, VerfBrhv (Constitution for the City of Bremerhaven); in Schleswig-Holstein: § 10 sentence 1 GO (municipal code for Schleswig-Holstein)
18. ^ Sächsisches Oberverwaltungsgericht, judgment of June 12, 2019 -4 A 469 / 18- https://www.kostenlose-urteile.de/Urteil27525 ; https://www.juris.de/jportal/portal/page/homerl.psml?nid=jnachr-JUNA190601448&cmsuri=%2Fjuris%2Fde%2Fnachrichten%2Fhabenachricht.jsp
19. ↑ Gerald Kretschmer: Origins and developments of parliamentary rules of procedure in Germany. In: Hans-Peter Schneider, Wolfgang Zeh (Ed.): Parliamentary Law and Parliamentary Practice in the Federal Republic of Germany - A Handbook. Walter de Gruyter, Berlin 1989, ISBN 3-11-011077-6 , p. 293 ff.
20. ↑ Jeremias Bentham , based on the papers he left behind, edited by St. Dumont: Tactics or theory of the course of business in deliberating popular assemblies . (JJ Palm and Ernst Enke) Erlangen 1817 digitized (Fraktur)
21. ^ Gottfried Cohen: The constitution and rules of procedure of the English parliament with reference to the rules of procedure of German chambers. Perthes-Besser and Mauke, Hamburg 1861, p. 58 f.
22. ↑ Thomas B. Macaulay: The Glorious Revolution - History of England 1688/89 - Manesse Library of World History . Edited, translated and with an afterword by Robert Schneebeli. Manesse Verlag, Zurich 1998, ISBN 3-7175-8240-2 .
23. ^ Iring Fetscher: Great Britain, Society - State - Ideology. (= Fischer Athenaeum pocket books social sciences). Athenäum Fischer Taschenbuch Verlag, Frankfurt am Main 1968, ISBN 3-8072-4010-1 , p. 123.
24. ↑ In Hesse: Section 26a sentence 1 HGO (Hessian municipal code)
25. ↑ In Hesse: § 8a paragraph 1 sentence 1 HGO (Hessian municipality code)
26. ↑ § 8a Paragraph 3 Sentence 2 HGO (Hessian Municipal Code)

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