Administrative cooperation in Germany

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Under administrative cooperation in Germany refers to the different forms of co-operation of the public administration or from authorities at solutions to common tasks (such as the general interest ).

General

Under constitutional law, local self-government is initially limited to "matters of the local community" in accordance with Article 28, Paragraph 2, Clause 1 of the Basic Law (GG). These are those needs and interests that are rooted in or related to the local community. Not only the area of ​​responsibility is guaranteed, but also the authority to manage the business independently in this area. The components of the self-administration guarantee include the right of the municipality to use its name once it has been determined, the territorial sovereignty , the organizational sovereignty , namely the competence to regulate processes and decision-making responsibilities for the performance of the tasks, the personnel and financial sovereignty , the planning sovereignty (Authority to control foreseeable developments in the long term, in particular to determine land use for one's own area), promotion of the economy and the environment as well as energy supply. The legislature is drawn by the core area of ​​the self-government guarantee. According to this, the legislature may only withdraw a task with a relevant local character from the municipalities for reasons of public interest.

Supra-local matters

Article 28 (2) sentence 1 of the Basic Law requires a separation of local and supra-regional matters. This results in a spatial limitation of the field of activity of a municipality and its municipal companies , which does not exclude intercommunal activity any more than punctual effects of economic activity on the territory of neighboring municipalities. The Basic Law also expressly mentions regional matters. Therefore, the right to self-government also includes permission to perform tasks that transcend communal boundaries together with other communes. Due to the municipal self-government guarantee, municipalities have the right to decide how they carry out their tasks, whether they do it themselves or through private third parties or in cooperation with other municipalities, e.g. B. want to do by founding or joining a so-called association . The Zweckverband is the central concept of inter-municipal cooperation and represents the most common form of cooperation between several municipalities.

For this reason, laws on communal community work have been passed at state level, which create the conditions for inter-communal cooperation. According to this, the municipalities and municipal associations can jointly perform tasks that they are entitled or obliged to fulfill. For this purpose, working groups can be established, special-purpose associations formed and public-law agreements concluded ( Section 1, Paragraphs 1 and 2 of the Law on Communal Community Work - GKG - for North Rhine-Westphalia). The district also has to deal with supra- local matters, the importance of which does not, however, extend beyond the district area (e.g. Section 87, Paragraph 1 of the Thuringian Municipal Code ).

Forms of intermunicipal cooperation

Triangle with the federal government at the top, including in layers the federal states, optional administrative districts, (rural) districts, optional municipal associations and municipalities. The strict stratification is broken up by city-states and district-free cities, which perform tasks of several strata.Bund Bundesländer/Flächenländer Bundesländer/Stadtstaaten (Regierungsbezirke) (Land-)Kreise Gemeindeverbände (Gemeindeverbandsangehörige/Kreisangehörige Gemeinden) (Gemeindeverbandsfreie) Kreisangehörige Gemeinden Kreisfreie Städte
Vertical state structure of Germany

Forms of public law cooperation with own legal capacity (see also community association )

Forms of public cooperation without legal capacity

Forms of private law cooperation with own legal capacity

Forms of private law cooperation with partial legal capacity

Forms of private law cooperation without own legal capacity

Forms of informal cooperation

such as:

Limits

The formation of intermunicipal associations may only take place insofar as the delegation of tasks is not carried out to an extent that restricts or even excludes any control by the local council or district council within the scope of the obligations of intercourse . For a municipality, according to Art. 92 Paragraph 1 Clause 1 No. 2 BayGemO, it is essential to have control and influence rights such as B. to agree on the right to substitute performance so that they can react immediately if the private cooperation partner commits a breach of duty in the performance of the public task or violates legal regulations. This authority to influence the decision-making processes of outsourced PPP companies is to be monitored by the local authority.

literature

  • Jens Wassermann: The Hanover region. Regional cooperation against the background of an institutionalized regional authority . VDM Verlag Dr. Müller, Saarbrücken 2007, ISBN 978-3-8364-5577-0 .
  • Intercontinental cooperation . Publisher supplement "Stadt und Gemeinde INTERAKTIV". In: German Association of Cities and Municipalities (Ed.): DStGB documentation . tape 39 , no. 7-8 . Winkler & Stenzel, Burgwedel 2004, DNB  972164561 .
  • Intermunicipal cooperation. Practical examples, legal forms and application of public procurement law . Publisher supplement "Stadt und Gemeinde INTERAKTIV". In: German Association of Cities and Municipalities (Ed.): DStGB documentation . tape 51 , no. 10 . Winkler & Stenzel, Burgwedel 2005, DNB  978155912 ( summary online ).
  • Supreme building authority in the Bavarian State Ministry of the Interior (Ed.): Commercial space management in inter-municipal cooperation . Munich 2002.

Individual evidence

  1. ↑ Art. 28 does not belong to the basic rights, but is a constitutional state organization norm
  2. ↑ BVerfGE 79, 127 (151) .
  3. ↑ BVerfGE 59, 216 (226) .
  4. ↑ BVerfGE 52, 95 (118) .
  5. ↑ BVerfGE 91, 228 (236) ff.
  6. ↑ BVerfGE 56, 298 (310) ; 317 f.
  7. ↑ BVerfGE 83, 37 (54)
  8. ↑ BVerfGE 79, 127 (143) ; 150 ff.
  9. ↑ Peter Armbrust: Introduction to Lower Saxony municipal law . Lit, Hamburg / Münster 2007, ISBN 978-3-8258-9065-0 , p. 27 .
  10. ^ Thorsten Ingo Schmidt: Communal cooperation. The Zweckverband as the nucleus of public company law . Mohr Siebeck, Tübingen 2005, ISBN 3-16-148749-4 , p. 27 ( limited preview in Google Book search).
  11. ↑ Willy Spannowsky: The responsibility of the public sector for the fulfillment of public tasks and the scope of their obligation to influence the investment companies . In: German administrative gazette . Heymanns, 1992, ISSN  0012-1363 , pp. 1072-1079 (1075) .