Municipal task structure
The municipal task structure describes the different types of tasks of the municipalities in Germany within the framework of local self-government . A distinction must be made between one's own (voluntary) and state (compulsory) tasks. With its own self-administration tasks, the community can freely decide whether and how a task is done. The municipality must perform mandatory self-government tasks of the state in accordance with statutory provisions, but it can basically decide for itself how to guarantee this obligation. That means, the municipality does not have the decision about the "whether" in the case of compulsory tasks, only about the "how" of the performance of the task there is partly a freedom of decision.
In Germany, two basic types of municipal tasks have emerged: the dualistic (Bavaria, Bremen, Mecklenburg-Western Pomerania, Lower Saxony, Rhineland-Palatinate, Saarland, Saxony-Anhalt and Thuringia) and the monistic (Brandenburg, Baden-Württemberg, Hesse, North Rhine -Westfalen, Sachsen and Schleswig-Holstein) Task structure.
Dualistic and monistic task structure
According to the dualistic approach, there are stateless tasks that are originally assigned to the municipalities . In addition, there are tasks performed by the municipality that have been delegated by the state . Since the state has a comprehensive right to issue instructions , the task is assigned to the state.
| Dualistic task model | ||
|---|---|---|
| Self-governing tasks: own sphere of activity (especially affairs of the local community) Local supervision usually legal supervision |
State tasks (usually as commissioned matters): assigned sphere of activity , usually technical supervision |
|
| free self-administration tasks (whether + how) |
mandatory self-administration tasks (such as) |
|
Decision as to whether the community will perform the tasks (resolution fairs) and decision as to how the task will be perceived (selection fairs).
The monistic point of view sees all tasks performed by the municipality as municipal tasks. Accordingly, even if there are extensive state authority to issue instructions, there is always a municipal exercise of duties.
| Monistic task model | ||
|---|---|---|
| Public tasks (tasks are usually performed by the municipality on its own responsibility) |
||
| free tasks | required tasks | Obligatory tasks to fulfill according to instructions intermediate form; The design differs depending on the federal state |
All municipal regulations can be assigned to the monistic or the dualistic model.
The municipal task structure in detail
The following forms of performing tasks can be summarized:
Self-administration tasks (SVA)
Self-government tasks, including self-government matters , mean that communities can regulate their own affairs "on their own responsibility". So whether (for voluntary self-government tasks), when and how (for all tasks) self-government matters are dealt with is a matter for the municipalities and possible within the framework of the law. The municipal SVA form the municipalities' own sphere of activity. With the SVA one differentiates between
Mandatory self-government tasks
The municipality is legally obliged to perform mandatory self-administration tasks (by federal or state law or ordinance ). But she can decide for herself how she fulfills this obligation - she has no decision about whether, but how , i.e. how tasks should be carried out. Compulsory self-tasks include:
- Land-use planning
- Fire protection
- Sewage disposal
- Waste disposal
- School development planning
- Civil protection
- Establishment / maintenance of kindergartens and after-school care centers
- School sponsorship
- graveyards
- Energy and water supply (in numerous but not all federal states, e.g. in Baden-Württemberg)
This regulation exists in all federal states. The municipality bears the financial responsibility. As a rule, the legal basis is the state constitution (for example Article 78, Paragraph 3 of the North Rhine-Westphalia State Constitution in conjunction with Section 3, Paragraph 1 of the Municipal Code: mandatory tasks can be imposed on the municipalities by law ).
Voluntary self-government tasks
The community is not obliged to undertake voluntary self-administration tasks - it is free to decide whether and how possible. The voluntary tasks include:
- Concern for the economic well-being of the residents:
- Markets and fairs
- Business settlement
- Traffic routes
- Public transport
- Cultural:
- Music and adult education centers
- Libraries
- Museums
- theatre
- Sports facilities
- Social and health:
- Poor relief
- Elderly care
- Hospitals (in Mecklenburg-Western Pomerania, for example, securing hospital supplies is a compulsory self-administration task of the districts and independent cities)
- Addiction counseling
This regulation exists in all federal states. The voluntary self-government tasks belong to the communities' own sphere of activity. There are no government regulations or directives. Instead, municipalities decide independently on such tasks. Financial responsibility lies with the municipality. The legal basis is provided by Article 28 (2) of the Basic Law in conjunction with the corresponding provisions of the state constitutions (for example Article 78 LV NRW; Articles 69 & 71 LV BaWü)
- Council decision according to § 41 Paragraph 1 Letter S GO
The scope of the voluntary SVA depends on the performance of the municipalities. In practice, voluntary SVA can also be taken over by the districts if the community is not productive.
Assigned tasks
The task is assigned to the federal government or the federal state , the tasks are performed by the municipalities - they do not have their own decision-making authority
- Example: regulatory administration , building supervision
- Regulation: Bavaria, Brandenburg, Mecklenburg-Western Pomerania, Lower Saxony, Rhineland-Palatinate, Saarland, Saxony-Anhalt, Thuringia - these federal states follow the dualistic model.
Mandatory tasks to fulfill according to instructions
The task is assigned to the community and also performed by it; the state level reserves the right to issue instructions through a special state supervisory authority - the municipality exercises the task, but can decide for itself whether and how .
- Example: regulatory administration, building supervision
- Regulation: Baden-Württemberg, Brandenburg, Hesse, North Rhine-Westphalia, Saxony - these states follow the one-tier model (double nominations: there are assigned tasks and mandatory tasks to be fulfilled according to instructions).
- The municipality also bears financial responsibility here; However, she receives a lump sum as compensation for costs that exceed the budget.
The legal classification of the "mandatory tasks to fulfill according to instructions" is controversial. These are classified as assigned tasks in a new guise, as middle things or as self-administration tasks. The last point of view is that the task is assigned to the municipalities and carried out by them, and the state legally reserves the right to issue instructions.
Order matters
Tasks are assigned and performed by the state. The municipalities only use this to complete the task.
- Regulation: Brandenburg, Rhineland-Palatinate, Saarland
A special case is federal contract administration according to Article 85 of the Basic Law , according to which the municipalities can exceptionally be obliged to execute on behalf of the federal government by federal law ( contract administration ). As an exception, the federal contract administration breaks through the municipal ordinances that have opted for the one-tier task model.
The question of the extent to which the state level must ensure full or partial financing when assigning tasks to the municipalities is politically controversial (see principle of connectivity ). Examples: Execution of federal elections , civil protection , BAföG .
- The state assumes the financial responsibility, the municipality only functions as a state sub-authority
- Order matters are for example: construction supervision, nature and civil protection
