Concept and Nature of the Verwaltungsgemeinschaft
Die Verwaltungsgemeinschaft is, in public law, a form of intermunicipal cooperation in which several neighboring municipalities form a joint administrative body to carry out their administrative tasks. Verwaltungsgemeinschaften are part of local self-government and exist in various federal states of Germany, with the specific forms and legal regulations being defined under state law.
They mainly serve to strengthen the efficiency and cost-effectiveness of smaller municipalities by achieving synergy effects and enabling efficient task management through the pooling of certain responsibilities and resources. The municipalities involved retain their local autonomy and sovereign rights, while the Verwaltungsgemeinschaft centralizes certain administrative tasks.
Legal Basis and Statutory Regulations
Foundations of Municipal Law
The legal foundations of Verwaltungsgemeinschaften derive exclusively from the municipal constitutions or municipal codes of the federal states. Their design therefore varies depending on the federal state. The most important regulations include, for example, the municipal codes of Bavaria (GO), Saxony (SächsGemO), or Thuringia (ThürKO). The relevant statutory provisions govern, among other things,
- the process of merging and forming the association,
- the joint administration,
- the remaining responsibilities of the member municipalities,
- competencies and organization,
- financial aspects, and
- the dissolution of the Verwaltungsgemeinschaft.
Verwaltungsgemeinschaften are, in principle, organized as bodies without their own management and without independent legal capacity. They can also be established as public-law institutions.
Distinction from Other Forms
The Verwaltungsgemeinschaft must be clearly distinguished from other forms of intermunicipal cooperation, such as Zweckverband, municipal administrative association (Gemeindeverwaltungsverband), or Samtgemeinde in Lower Saxony. Unlike the Zweckverband, which has its own legal entity and specific tasks, the Verwaltungsgemeinschaft is limited to the administrative organization of several member municipalities.
Structure and Organization
Members and Formation
Verwaltungsgemeinschaften are made up of neighboring municipalities, which each continue to exist independently. The formation can be voluntary, based on a merger agreement, or, as stipulated by state law, can also be mandated—such as in the context of territorial and administrative reforms.
Governing Bodies of the Verwaltungsgemeinschaft
The Verwaltungsgemeinschaft usually has the following governing bodies:
- Die Assembly of Community Members (Community Assembly), comprised of the mayors of the member municipalities and additional representatives.
- Den Chairperson of the Community as administrative leader, often chosen from among the members or appointed by the legal supervisory authority.
- Administrative personnel employed by the community.
The main tasks of the governing bodies are decision-making on joint matters, organization of administrative work, and external representation of the Verwaltungsgemeinschaft.
Scope of Responsibilities and Competencies
Verwaltungsgemeinschaften undertake central administrative responsibilities. These typically include:
- residents’ registration services
- civil registry duties
- regulatory authority functions
- building administration
- budget and financial administration
- meeting and session services
Certain tasks, especially original self-government matters (e.g., land-use planning, bylaw-making), however, remain with the individual municipalities and are not assumed by the Verwaltungsgemeinschaft.
Legal Status and External Representation
As a rule, the Verwaltungsgemeinschaft is not a separate legal entity, but an unincorporated joint administrative organization of the participating municipalities. It is not the association itself, but the respective municipality that has legal capacity and the ability to act, and it can be represented by the chairperson of the community.
In some states, however, the association may be granted partial legal capacity if provided for under the respective state law.
Formation and Dissolution of the Verwaltungsgemeinschaft
Establishment and Procedures
The foundation is carried out via a public-law agreement among the participating municipalities, generally subject to the approval of the competent supervisory authority. Alternatively, formation can occur by state law or legal ordinance. The charter sets out the organization, seat, and responsibilities of the association.
Dissolution and Withdrawal
Dissolution is possible in compliance with statutory deadlines and approval requirements. In the case of voluntary dissolution, withdrawal, or forced dissolution by the supervisory authority, the distribution of assets is determined on the basis of the charter or state law provisions.
Financing of the Verwaltungsgemeinschaft
Financing is provided through contributions from the participating municipalities. The calculation is often based on population, scope of responsibilities, and other criteria set out in the association’s charter. In addition, the Verwaltungsgemeinschaft may generate its own income from fees and charges, as far as permitted.
The joint budget law is based on the principles of the respective municipal constitution of the states. The member municipalities must provide the funds necessary for the joint responsibilities.
Control, Legal Supervision, and Participation
The Verwaltungsgemeinschaft is subject to municipal supervision by the competent supervisory authority of the state (e.g., district office or regional government). The controls extend to the legality and appropriateness of administrative management, compliance with budgetary requirements, and the proper execution of tasks.
Participation rights and involvement are governed by the association’s charter and state law provisions. The member municipalities continue to exercise their local self-government through these measures.
Significance and Function in the Municipal Landscape
Verwaltungsgemeinschaften play a crucial role in ensuring the administrative and operational capabilities of small and medium-sized municipalities. They promote synergy effects, enhance efficiency, and ensure local self-government even with limited resources. They enable a modern organization of municipal administration without impairing the individual rights and identities of the member municipalities.
Literature and Further Information
- Municipal constitutions/municipal codes of the German federal states
- Specialist literature on municipal law, especially intermunicipal cooperation
- Publications by the leading municipal associations (e.g., German Association of Cities and Municipalities)
With this detailed presentation, the article provides a comprehensive and structured overview of the legal foundations, organization, responsibilities, financing, and importance of the Verwaltungsgemeinschaft within the municipal framework.
Frequently Asked Questions
What legal provisions apply to the formation of a Verwaltungsgemeinschaft?
The formation of a Verwaltungsgemeinschaft in Germany is generally governed by the state law of the respective federal states, since the organization of local administration is a matter for the states. The legal basis is usually a municipal administration act (for example, § 46 ff. ThürKO in Thuringia, Art. 4 ff. BayrKommZG in Bavaria, or § 27 KommZG in Saxony-Anhalt). The laws determine which municipalities may or must merge, how the merger is to be carried out (e.g., by public-law contract or governmental act), and which participatory rights the involved municipalities possess. Furthermore, they regulate the distribution of responsibilities, particularly which administrative tasks the Verwaltungsgemeinschaft undertakes on behalf of others, how external representation is handled, and how financing is structured. The laws often provide for a prior hearing and, if applicable, an approval procedure in the respective municipal councils. In addition, there are regulations regarding exceptions, protection of existing arrangements, and the dissolution or alteration of the merger.
How is liability allocated within a Verwaltungsgemeinschaft according to the law?
Liability allocation within a Verwaltungsgemeinschaft is legally regulated such that the Verwaltungsgemeinschaft, as a public-law corporation, is responsible for the proper fulfillment of the delegated tasks. For actions based on tasks transferred to the association, the Verwaltungsgemeinschaft itself is generally liable—for example, for breaches of official duty by its employees (§ 839 BGB in conjunction with Art. 34 GG or the respective state laws). However, the member municipalities may also be liable on a subsidiary or joint and several basis if breaches of duty occur within their own jurisdiction or if otherwise agreed by contract. In practice, charters or public-law agreements set out the details of liability allocation and any recourse claims. Beyond internal regulations, the general principles of state liability law always apply.
What statutory rights of co-determination do the member municipalities have within the Verwaltungsgemeinschaft?
Member municipalities are granted various co-determination rights by the relevant municipal or Verwaltungsgemeinschaft acts. The key body is the assembly or council of the association, in which representatives of all involved municipalities have voting rights according to statutory or charter provisions. The bodies decide on joint matters—such as budget adoption, personnel matters, and essential administrative activities. Municipalities are fundamentally entitled to participate in decision-making processes, with voting weights determined by population or a quota set by the charter. Furthermore, member municipalities have the right of initiative to propose deliberation on specific matters and the right of approval for significant amendments to the charter or for a complete dissolution. The respective state laws also guarantee inspection and information rights for the municipalities regarding the exercise of delegated self-governing responsibilities.
Can tasks be delegated individually, or are there mandatory fixed tasks under the law?
Legal provisions distinguish between so-called mandatory tasks and voluntarily delegated tasks. Mandatory tasks are stipulated directly in the local government acts of the states, requiring certain administrative duties to be mandatorily performed by the Verwaltungsgemeinschaft (e.g., registration services, civil registry matters, land-use planning). Beyond that, member municipalities may voluntarily delegate additional tasks to the Verwaltungsgemeinschaft within the framework of public-law agreements or based on specific charter authorizations. Voluntary delegation of responsibilities is only permitted within legislative parameters, in particular pursuant to the municipal constitution and subject to any budgetary reservations. State laws impose legal limits especially where tasks belong to the core sphere of municipal autonomy and cannot be transferred.
Which legal provisions govern the control and supervision of Verwaltungsgemeinschaften?
The Verwaltungsgemeinschaft itself, like the member municipalities, is subject to municipal supervision. The powers of control and supervision arise from the local government regulations of the states, particularly from the municipal codes and special Verwaltungsgemeinschaft acts. Supervision can be exercised as legal supervision (reviewing the legality and compliance with the charter) or as subject-matter supervision (in delegated state matters) by the competent local supervisory authority (e.g., district office or district administrative authority). This authority is empowered to object to actions, issue orders, or, in extreme cases, rescind unlawful resolutions. There are also audit rights regarding financial management and proper administration. The extent of supervision varies depending on area of responsibility and state law.
How are disputes between member municipalities legally addressed?
For disputes between member municipalities within a Verwaltungsgemeinschaft, municipal law generally provides for internal mediation and conciliation mechanisms as a priority, such as by mediation or resolution within the association’s governing bodies. If no agreement is reached, member municipalities may, relying on municipal codes and general administrative procedural law, seek legal remedies before administrative courts (permissible, for instance, in disputes about interpreting the charter, defining competencies, or cost allocations). The relevant provision here is § 40 VwGO, which provides for recourse to administrative courts for public-law disputes. Additionally, arbitral bodies or external experts may be involved as part of intermunicipal agreements, provided this is stipulated in the charter. However, legal proceedings remain the last resort in the dispute resolution process.
