Full communalization

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Full communalization is an administrative organization in which the state (in the geographical area of ​​application of certain regional authorities ) renounces the development of a complete administrative substructure in a certain area of ​​state administration by setting up its own sub-authorities and instead assigns state administrative tasks to the regional authorities in question for independent execution ( → transferred sphere of activity ); In countries in which, according to the monistic model, the municipalities are responsible for all the tasks of local administration, full communalisation means the state's renunciation of tasks from the area of ​​municipal self-administration. As a rule, full communalization is carried out in the area of ​​general and internal administration and building management. Depending on the structure, the state reserves the right to exercise technical supervision or only legal supervision of the administrative activities of the self-governing body to the extent that it has delegated tasks to the body .

In addition to the establishment of its own sub-authorities, there is another alternative to full municipalization, the model of organ lending .

implementation

In the countries with independent cities , full communalization has been achieved for the independent cities in many areas of administration (e.g. general and internal administration, building police and building permits). In addition, the state also maintains its own sub-authorities for special areas (e.g. police authorities, tax offices).

Outside the urban districts, different paths have been taken depending on the federal state. Most of the federal states have decided to forego full municipalization in the districts. Apart from some specialist administrations as separate state sub-authorities, there is also no separate lower state administration. Rather, the state makes use of the district administrator (or district administration ), which is a district organ. The difference to full communalisation is due to the fact that here the district administrator has not been entrusted with state tasks as a district body for independent execution, but acts as a representative of the state. The district administrator has a double function here as a lower state authority (district administrative authority) and as a district authority.

Lower Saxony , Saarland , Saxony and Saxony-Anhalt , on the other hand, transfer state tasks to the administrative districts in large areas for their own execution. In this way, these federal states are also implementing full municipalization in the districts. The district office becomes a purely municipal office.

This organizational form of the district office has existed in Lower Saxony on the initiative of the British occupying power since the post-war period.

The Junge Union Oberbayern , the largest district association of the youth organization of the Bavarian ruling party CSU , calls for the introduction of full communalisation for Bavaria as well .

The large district towns and other municipalities with a special status (e.g. the efficient municipalities belonging to the district in Bavaria), which are present in some federal states in addition to the independent cities, are intermediate. With them only a part of the general and internal administration, the building administration or other areas is transferred.

advantages

  • the state saves the personnel and financial effort for the establishment and maintenance of its own sub-authorities (this goal can also be achieved through organ lending)
  • By relying on tried and tested local institutions, an administration that is closer to the citizen, is familiar to the citizens and over which they can exert a greater democratic influence;
  • the division of the tasks of the district office into state and municipal tasks, which is often difficult even for experts, and thus the question of the extent to which the district's democratic bodies ( district council , district committee , other committees) are responsible, is omitted. Depending on the design of the full communalization, the district committees have a policy authority or even a return authority for administrative processes of less importance ( business of current administration ).

disadvantage

The fact that, in the case of full communalization, numerous communal corporations independently enforce the laws, the uniformity of administrative practice is no longer guaranteed across the entire national territory to the same extent as it would be if enforced by a state administration.

By delegating state tasks to the municipalities, the municipalities are burdened with tasks that are not a matter for the local community but are in the national interest. This requires an additional administrative effort, which may make it difficult to maintain one's own sphere of activity, depending on the performance of the municipality. The municipalities are often given the opportunity to perform tasks of the assigned sphere of activity by way of municipal cooperation ( administrative communities , joint municipalities ).

The extent to which this really constitutes a disadvantage is controversial: In those federal states in which, according to the monistic model, the municipalities perform all the tasks of local administration, the performance of such tasks, which represent tasks assigned in the dualistic understanding, is the norm. In these federal states there is typically a not inconsiderable consideration of some supra-local tasks on the state administration, but nevertheless there is no overburdening of the communities there. Therefore, the above argument is countered that a considerable municipalization of tasks for a municipality is easily bearable as long as it is accompanied by the allocation of the necessary material and above all human resources for the tasks now performed by the municipality. Since all federal states have now anchored the principle of connectivity in their state constitutions, localization can no longer take place without the provision of the necessary funds.

literature

  • Wolfgang Mayer: Is it advisable to localize the hazard prevention law of the Bavarian building code? Dissertation, Julius Maximilians University, Würzburg 1999.