Municipal order for the Prussian state
The municipal order for the Prussian state of March 11, 1850 was a progressive municipal constitution that was to be introduced throughout the Prussian state territory in the 1850s. Similar to the principles of order for all cities of the Prussian monarchy of November 19, 1808, the entire rural population should now be given the opportunity to participate in the administration on a voluntary basis. However, the introduction of this municipal constitution failed and was reversed after three years.
history
By decree of the community order of March 11, 1850, a uniform community constitution was to be introduced for all of Prussia. Until then in were East Elbe area for the cities of the order for all cities in the Prussian monarchy of 19 November 1808 and the revised city order of 17 March 1831. For Vorpommern were still on Lübischem legal provisions based. For the "flat land" the provisions of the general land law for the Prussian states applied .
In the west, the revised town and country code for the province of Westphalia and in the Rhineland the municipal code for the Rhine province were in effect in Westphalia.
According to Art. 105 of the constitutional charter for the Prussian state of January 31, 1850, all municipalities were entitled to the independent administration of their municipal affairs under the statutory supervision of the state.
The task of creating a uniform municipal structure for the entire Prussian state territory from Trier to Memel could not be solved at the time. It mostly failed due to the resistance of the East Elbe landowners, so that the (circular) introduction of the community order was suspended on June 19, 1852. On May 24th, 1853, with a simultaneous amendment to Art. 105 of the constitutional document, the municipal regulations were also formally repealed, so that initially the old legal status was valid again. To further develop the previous law, provincial town and municipality codes should now be issued.
In a first step, on May 30, 1853, a revised city order "for the eastern provinces of the Prussian monarchy" was passed. Three years later, while maintaining the separation of cities and “flat land”, special city ordinances and rural community ordinances were also issued for Westphalia (on March 19, 1856) and the eastern provinces (on April 14, 1856); on May 15, 1856 a town code and a municipal code for the Rhine province followed.
A thoroughgoing reform of the community structure in the Prussian East did not take place until 80 years later (1929) through the consequent almost complete abolition of the manor districts that were independent under local law .
Community organization
Unified municipality (towns / rural communities)
A uniform municipal structure was planned for all municipalities; the legal distinction between cities and the “flat country” should be abolished.
area
Every property should belong to a municipality. This resulted in the necessity of an extensive reorganization of the communal conditions in the countryside. In the East Elbe provinces in particular, numerous manor districts and previously unincorporated areas (forests, bodies of water, mill properties, etc.) were assigned to a community.
For this purpose, commissions were formed at the district level, which, with the participation of the estates (three representatives each from the city, the state and the manor property), had to draw up plans for a comprehensive restructuring. In the event of disputes, there was the possibility of appeal to the district commission. After the work was completed, the electoral lists had to be drawn up.
Municipalities with more than 1500 inhabitants
Municipal council
The municipal council should consist of at least twelve municipal councilors. The right to vote in three classes was based on the direct taxes to be paid by the municipal voters. Half of the municipal councilors to be elected by each of the three departments had to be landowners or tenants. The electoral period was six years. A third should drop out every two years. November was scheduled for the supplementary elections.
Parish council
It consisted of the mayor, his deputy, an alderman and at least two lay judges for a term of six years. Half of the lay judges should resign every two years and be replaced by new elections. The office of mayor was paid, the lay judges worked on an honorary basis. Aldermen could be paid.
For mayors in communities with more than 10,000 inhabitants, the confirmation of the elections lay with the king, otherwise with the regional president.
Municipalities with fewer than 1500 inhabitants
Municipal council
The community council should consist of the community leader and six members (at least three, at most twelve). Here, too, the three-tier suffrage after tax applied for an election period of six years. A third should drop out every two years. November was scheduled for the supplementary elections.
Parish council
It consisted of the community leader and two aldermen for a term of six years. Every three years a lay judge should resign and be replaced by new elections. After a term of three years it was possible to elect the mayor for twelve years.
Collective communities
Municipalities that by themselves did not meet the purposes of municipal administration could unite as individual municipalities to form a “collective municipality”.
Each individual parish was represented by a parish council and administered by a parish council.
Each "Sammtgemeinde" was represented for the 'common affairs of a joint municipality council and administered by a head (mayor, high school). This supervised the administration of the individual parishes and was able to preside over each individual parish.
These regulations were especially intended for the two western provinces. Here the existing mayor's offices in the Rhineland (the former French "Mairien") and the offices in Westphalia were to be converted into collective municipalities under new law.
Compare this to the Samtgemeinde in today's official usage.
Local Police Department
The mayor was responsible for handling the local police. If municipalities were unable to ensure sufficient police administration on their own, they should be combined with neighboring municipalities to form police districts for which special district officers (police officers) were to be appointed. That could also be the head of a "joint congregation".
At sight
The district committee was responsible for the supervision of the communities, and for communities with more than 10,000 inhabitants, the district council.
See also
Legal sources
- Law Collection for the Royal Prussian States 1850 to 1853
- Ministerial Journal for the entire internal administration in the Royal Prussian States from 1850 to 1853
- Friedrich Wilhelm of Prussia: Community regulations for the Prussian state of March 11, 1850, Jülich 1850
literature
- Markus Thiel : Communal self-government and communal constitutional law in modern Prussia (1648–1947) . In: The administration . 35 Vol., 2002, pp. 25-60.