Definition and Legal Foundations of the Administrative Association
Ein Administrative Association is an association of several public law corporations at the public administration level, formed to fulfill joint administrative tasks. In Germany, it is primarily a form of municipal administration. The administrative association constitutes its own legal entity and acts independently in legal matters, with its legal status, functions, powers, and organizational forms governed by state law.
Legal Foundations and Statutory Regulations
The formation, powers, bodies, and structures of administrative associations are governed by the respective municipal codes as well as specific administrative community laws or municipal constitutional laws of the federal states, in particular the Act on Municipal Collaboration (GkG). Administrative associations operate within the framework of the federal allocation of powers as institutions of the states and are therefore primarily regulated by state law.
Types and Organizational Forms of Administrative Associations
Distinction by Area of Responsibility and Composition
Administrative associations can be composed of municipalities (communities, cities, districts) as well as other public legal entities. They can be classified in particular as:
- Special-purpose Associations: Associations of several municipalities and/or districts for the joint fulfillment of specific tasks (e.g., water supply, school sponsorship)
- Administrative Communities: Association of several municipalities for the joint administration of ongoing administrative matters, while the municipalities retain their legal independence
- Official Administrative Communities (Ämter): Term used in some federal states with a similar function to administrative communities
- Administrative Associations under Special Laws: Associations established under special laws with specific tasks and powers (in social law, environmental law, etc.)
Composition and Membership
Membership in an administrative association is based on statutory provisions or voluntary agreements. Membership regularly includes municipalities, cities, or districts, and in individual cases, other public law corporations as well.
Tasks and Responsibilities
Assigned and Own Tasks
Administrative associations take on tasks assigned to them by law, statutes, or delegation decisions of the member entities. These tasks may include:
- Mandatory Tasks under Municipal Law: Such as waste disposal, water supply, fire department, public works and infrastructure services
- Voluntary Tasks: Cultural facilities, sports facilities, economic development
In individual cases, state law or an agreement may also assign them the exercise of municipal oversight tasks.
Decision-making and Administrative Competence
The administrative association acts as a public administration entity, making independent decisions and carrying out the delegated tasks on its own responsibility. Task assignment frequently follows the principle of delegation; member entities retain supplementary responsibilities for matters not transferred.
Bodies and Administrative Structure
Main Bodies of the Administrative Association
Administrative associations have their own bodies, whose composition and powers are usually determined by law or statute. The main bodies include:
- Association Assembly or Special-purpose Association Assembly: As the central decision-making body, it typically consists of representatives of the member corporations. It makes fundamental decisions and supervises administration.
- Association Board or Association Committee: The executive body, which carries out the ongoing administration and management of the association and is accountable to the association assembly.
- Management/Association Chair: Charged with leading the administrative operations.
Administrative Organization
The administrative association regularly maintains its own office with staff and organizational infrastructure. It may hire employees, enter into contracts, and acts with legally binding effect externally.
Legal Personality, Legal Capacity, and External Representation
Administrative associations are generally public law corporations with their own legal capacity. They may acquire rights and duties, litigate or be sued in court, enter into contracts, and issue administrative acts. External representation is usually regulated by statute or state law.
Own Assets and Budget Management
Administrative associations have their own assets and are obliged to manage their own budget independently. Financing typically comes from contributions of the members, grants from public authorities, or income from fulfilling their tasks (fees, contributions).
Relationship with Member Entities
Rights and Duties of Members
The member corporations retain their own legal personality, except where tasks have been transferred to the association. They have rights of participation in the organs of the administrative association; their duties consist, in particular, of financial participation in tasks and the implementation of association resolutions within their area of responsibility.
Oversight and Control
Administrative associations are regularly subject to municipal supervision by the state, and in certain matters, to the professional supervision of supervisory authorities. The control relates to the legality of association activities, budget management, and compliance with municipal legal provisions.
Dissolution, Termination, and Liability
Termination of Membership and Dissolution
Termination of membership within the association and the complete dissolution of the administrative association follow statutory or statutory provisions. Upon dissolution, the assets are distributed or returned to the member bodies in accordance with the statute or law.
Liability Regime
Administrative associations are liable to third parties for damages arising from their administrative activities. Liability is governed by the general rules of public law. Often, insurance coverage is in place to mitigate risks arising from administrative activities.
Significance of the Administrative Association in the Administrative Organization
Administrative associations enable efficient and economical performance of tasks by pooling resources and creating synergies among the participating municipalities, cities, or districts. They contribute to optimizing municipal efficiency, especially in fulfilling tasks that individual municipalities cannot accomplish with constitutional efficiency and economy.
Further Information
- <a href="https://recht.nrw.de/lmi/owa/brtextanzeigen?v_id=1000000000003641571″>Act on Municipal Collaboration (GkG NRW)
- Municipal constitutional laws of the federal states
Definition clarification: The administrative association differs from intermunicipal cooperation without legal personality through its independence, its capacity for legal responsibility, and its fixed organizational structure.
Frequently Asked Questions
What are the legal bases for establishing an administrative association?
The establishment of an administrative association is primarily governed by state law provisions, in particular the respective municipal or local laws (e.g., the municipal code, municipal constitutional law, and, supplementarily, administrative procedure laws of the states). Central to this is the explicit regulation of cooperation between several municipalities, such as in the Act on Municipal Collaboration. In addition, relevant statutes and possible interstate treaties play a crucial role in cross-border associations. The establishment is typically formalized by a public law agreement, which requires approval by the responsible supervisory authorities. Usually, budgetary, treasury, and accounting regulations must also be observed.
What is the legal position of an administrative association in relation to its member municipalities?
An administrative association is constituted as an independent legal entity under public law and exercises autonomous legal responsibility within its assigned duties. The member municipalities transfer specific administrative tasks to the association but retain their local self-government outside these transferred responsibilities. The relationship is clearly regulated by the association’s rules of allocation and the association or agreement statute. The association acts independently within its delegated competences but is accountable to the member municipalities and is regularly subject to their democratic oversight (e.g., through an association committee or association assembly made up of representatives of the municipalities).
Under what legal framework is the transfer of tasks to the administrative association carried out?
The transfer of tasks to an administrative association is always based on a public law agreement or an association statute, which specifically determines the delegated tasks. This is subject to state law, which sets out which tasks can be transferred at all (e.g., mandatory or voluntary self-government tasks). The transfer fundamentally requires that the individual municipality would also be entitled to perform the task itself; original (i.e., specifically assigned by law) municipal tasks cannot be transferred without a legal basis. The range of tasks can extend from simple management to full assumption of duties and must be specified in the statutes.
What supervisory and oversight rights does the municipal supervision authority have over administrative associations?
The municipal supervision authority has the same monitoring and oversight rights over administrative associations as over individual municipalities. The type of supervision (legal or technical supervision) depends on the respective statutory functions of the association. In particular, the supervisory authority examines whether the association is fulfilling its duties lawfully, complies with statutory provisions, and observes municipal law (e.g., budget law, personnel law). In case of violations, the supervisory authority can issue orders, take substitute action, or, in extreme cases, order the dissolution of the association.
How is the financial structure and budget management of an administrative association regulated by law?
Administrative associations have their own independent budgetary, treasury, and accounting management, in accordance with the relevant municipal budget regulations of the states. The association’s statutes regulate how the member communities contribute to financing the responsibilities; this is usually done through levies, the collection and amount of which must be securely established by the statutes. For budget planning and execution, the auditing obligations and control mechanisms of the municipal budgetary code apply, including audit by an internal or higher municipal auditing office. All funds of the association are earmarked and may be used exclusively for the delegated tasks.
What requirements and forms exist for withdrawal or dissolution of the administrative association?
Withdrawal from an administrative association as well as its dissolution are in principle possible within the framework of state legal provisions and in accordance with the association’s statutes. The withdrawal of a member municipality usually requires good cause and is typically only permitted with notice and under certain conditions in order to ensure the proper continuation of the association’s tasks. Dissolution is possible either by mutual decision of the member municipalities or by decision of the supervisory authority, for example if the purpose of the association can no longer be fulfilled on a permanent basis. Any asset settlements, winding up of ongoing business, and transfer of duties must be regulated separately and carried out transparently, lawfully, and with supervisory involvement.
