Definition and legal classification of the Regierungsbezirk
Ein Regierungsbezirk is a regional administrative unit in Germany, functioning as an intermediate authority between the state government and lower administrative bodies (counties, independent cities). Its legal and organizational structure is regulated by the respective state law and therefore varies in structure and scope of tasks among the German federal states.
Origin and Legal Basis
The Regierungsbezirk was introduced as a regional authority for the first time at the beginning of the 19th century. In Prussia, they were established in 1815 as a result of administrative reforms and served for the decentralized execution of state tasks. Today, Regierungsbezirke are essentially based on state-specific administrative structures:
- Die Constitution of the respective federal state enables the demarcation and organization of Regierungsbezirke through simple or qualified legislation.
- Implementing acts, particularly state administrative laws, specify the scope of responsibilities and the status of the district governments or Regierungspräsidien.
Although the Regierungsbezirk is not a municipal subdivision within the meaning of the municipal constitution, it holds a central role in the state administrative hierarchy.
Legal Status
Regierungsbezirke are not independent territorial authorities, but state administrative units. They represent the respective federal state in the administrative structure. Their agencies only have the powers assigned to them by law, with which they execute state tasks.
Structure and Organization
Authority Names and Leadership
The administration of a Regierungsbezirk is carried out by a district government or a Regierungspräsidium. The authority is headed by the so-called Regierungspräsident or, accordingly, the Regierungspräsidentin. These are appointed on the recommendation of the state government.Terminology:
- In Bavaria, North Rhine-Westphalia, and Saxony, the intermediate authorities are called “Bezirksregierung”.
- In Baden-Württemberg, Hesse, and formerly in Rhineland-Palatinate and Lower Saxony, they are called “Regierungspräsidium”.
- The designation and areas of responsibility can vary according to the respective federal state.
Areas of Responsibility and Jurisdiction
The district governments perform a variety of tasks, which are mostly organized according to the principle of indirect state administration :
Sovereign tasks:
- Supervision of lower administrative authorities, such as counties and independent cities (municipal supervision)
- Coordination and enforcement of subject-specific laws (e.g., construction and environmental law, education, healthcare, public safety, and order)
- Monitoring compliance with state laws and implementation of federal legal requirements within the state’s jurisdiction
Authorization and control functions:
- Issuing permits, approvals, and implementation consents as part of special statutory tasks (e.g., major projects, regional planning, and planning procedures)
- Conducting objection procedures against administrative acts under the specialized laws of the respective state departments
Coordination function
The Regierungsbezirk often acts as an interface between state departments and subordinate administrative authorities, particularly for the implementation of cross-sectoral tasks.
Significance in the federal administrative system
Other tasks of the Regierungsbezirke arise from the federal constitution of the Federal Republic of Germany. While the structure and number of Regierungsbezirke are determined by the respective state legislature, the Basic Law (Art. 83 et seq. GG) only regulates the responsibilities of the states for the implementation of federal laws, but not specific administrative levels.
Regulatory authority of the states
The abolition, merger, or creation of Regierungsbezirke is left to the states. In recent decades, this has led to differing developments:
- In Schleswig-Holstein, Mecklenburg-Western Pomerania, Brandenburg, Saxony-Anhalt, Thuringia, and since 2005 also in Lower Saxony, Regierungsbezirke have been abolished.
- In the states of Bavaria, Hesse, North Rhine-Westphalia, Baden-Württemberg, and Saxony, Regierungsbezirke continue to exist.
- In 2000, Rhineland-Palatinate dissolved its district governments and transferred their tasks to the ‘Supervisory and Service Directorates’.
Impact on municipal self-government
The integration of Regierungsbezirke into the administrative structure of the states serves the efficient steering of administrative action. They function as a supervisory level without impairing municipal self-government according to Art. 28 para. 2 GG . The tasks of municipal supervision, for example, are constituted as state tasks and are performed by the Regierungsbezirke or their successor authorities.
Administrative Procedures and Legal Remedies
Supervision and Legal Oversight
As part of legal oversight district governments monitor the legality and appropriateness of administration, especially with regard to counties, cities, municipalities, and other lower authorities.
Objection procedures
Within the German administrative system, Regierungsbezirke regularly serve as the objection authority for administrative decisions at lower levels. They review the factual and legal situation as an intermediate instance before possible judicial disputes.
Participation in administrative court proceedings
If a claim is filed with the administrative court against a decision of the district government, it will be involved as the defendant authority. The principles of administrative procedure, such as § 20 of the Administrative Court Rules (VwGO), regulate the participation in proceedings to this extent.
Summary and current development
The Regierungsbezirk is a specific administrative level, whose legal status, scope of responsibilities, and jurisdiction are specifically determined by the respective state law. In the federal system, it forms an intermediate instance that supports administrative enforcement, legal oversight, and subject-specific coordination. Current developments show that the existence and structure of Regierungsbezirke are subject to constant change, depending on political and administrative organizational decisions of the federal states. Overall, the Regierungsbezirk remains a key instrument at the governmental control level in German state administration.
Frequently Asked Questions
What is the legal basis for establishing and dissolving Regierungsbezirke?
Regierungsbezirke in Germany are established and regulated on the basis of the respective state constitutions and state laws. The federal states have the authority, guaranteed by their constitutional organizational sovereignty, to determine the structure, demarcation, and functions of their intermediate administrative levels—including Regierungsbezirke—independently. Important legal bases include, for example, the Act on the Formation of Regierungsbezirke and the rules of procedure for the district governments, passed by the state parliaments. Changes, including dissolution or territorial reforms, can therefore be effected by state law; however, these are often subject to participation procedures and, where applicable, codetermination rights of municipal bodies. There are no direct federal legal provisions, except in specific specialist laws that assign administrative responsibilities.
What is the significance of Regierungsbezirke with regard to state administration?
Regierungsbezirke are known as intermediate authorities in the administrative hierarchy of the states, serving as a link between state ministries and municipal administrations. Legally, they are responsible in particular for implementing and monitoring state laws, but also for executing federal law in delegated matters. They typically act as supervisory authorities over counties and independent cities but also have their own decision-making authority in matters such as regional planning, environmental protection, school supervision, and hazard prevention. Their legal responsibilities and powers are determined by the relevant state law, in particular by the so-called competence and implementation acts as well as specific specialist laws.
How is the legal status of the Regierungspräsident regulated?
The Regierungspräsident is the head of the district government and is usually appointed by the respective state ministry. Legally, this is a temporary civil service position, in some cases also with a political character, regulated differently depending on the federal state. By law, there is a duty to follow instructions from the Ministry of the Interior or the respective competent state department. The scope of duties, rights, and obligations of the Regierungspräsident are set out in the state administrative laws, sometimes supplemented by rules of procedure. Special regulations exist regarding incompatibility rules, mandatory instructions, and delineation of responsibilities.
What legal remedies are available against decisions of a district government?
Decisions of the district government as an administrative authority can generally be challenged by means of an objection in accordance with the provisions of the state’s Administrative Procedure Act (VwVfG) or the relevant administrative enforcement laws, unless another legal remedy is provided. Once the objection is rejected, access to the administrative courts is available. The exact design of the system of legal remedies and the jurisdiction is determined by federal and state law, in particular the Administrative Court Rules (VwGO) and the respective state law. In certain specialist areas, e.g., building law or environmental law, there are also special provisions, for example concerning standing or immediate enforcement.
Is there an obligation to establish Regierungsbezirke in all federal states?
Legally, there is no nationwide obligation to establish Regierungsbezirke. The federal structure of the Basic Law allows the states to independently define their administrative organization, including the intermediary levels between the state and municipal level. For example, some federal states like North Rhine-Westphalia have established Regierungsbezirke, whereas others, such as Schleswig-Holstein, Hamburg, Bremen, or since 2004 also Saxony-Anhalt, have abolished this administrative branch or never introduced it. This can only be determined by state law; there is no direct requirement under federal law.
What function does the district government fulfill in the context of legal oversight?
The legal oversight of district governments extends primarily to monitoring the legality of administrative activities by subordinate municipalities and other territorial authorities. The district governments are authorized to issue orders, raise objections, and, where necessary, arrange for substitute performance if legal regulations are not observed. Their intervention rights derive from the municipal constitutions of the states or from laws for the implementation of municipal law. However, the responsibilities of the district government usually end at verifying legality, not appropriateness (“legal oversight” versus “specialist supervision”).
How are competencies legally assigned between state ministries and district governments?
The allocation of tasks and responsibilities between state ministries and district governments is predominantly carried out by legal or administrative regulations at the state level. Typically, so-called competence ordinances and implementing laws determine which tasks are delegated to the district governments for independent administration or mere execution. It is common for enforcement and supervisory tasks to be assigned to the district governments, while strategic, planning, and legislative preparatory tasks remain with the ministries. The legal basis for this is provided by the state constitutions, administrative organization acts, and the respective specialist laws in conjunction with the pertinent distribution of responsibilities.
