Concept and Legal Status of the City
Definition of the City in the Legal Context
The term “city” in the legal sense refers to a municipal territorial authority with a special historical, political, or administrative status. The city is a particular form of municipality and is distinguished from other types of municipalities by its own statutory provisions. Its rights and obligations are derived from the respective state law, as the regulation of municipal structures in the Federal Republic of Germany falls within the legislative competence of the federal states.
Historical Development of the Concept of City
Historically, the concept of the city developed from medieval foundations with special privileges such as market rights, rights of fortification, and its own jurisdiction. To this day, municipal law – usually in the form of granted city rights or by legal succession – influences the organizational and legal structure of cities. The city law of that time forms the basis for the current status of municipal autonomy.
Legal Foundations and Statutory Provisions
Cities in State Law
The statutory anchoring of the city is primarily found in the municipal constitutions of the federal states, such as in the municipal code (GO) or municipal constitution acts. These define the conditions under which a municipality may bear the title ‘city.’ The requirements vary between states but usually include a specified minimum population, a central supply function, and special infrastructural offerings.
Granting and Revocation of City Rights
The granting of city rights is performed by legal act of the respective competent state authority. The usual prerequisite is a written application by the municipality, evidence of meeting the statutory criteria, and the consultation of relevant bodies (such as neighboring municipalities). City rights may also be withdrawn in exceptional cases, for example in the event of significant administrative changes or territorial reforms.
City Rights and Self-Administration
A city’s right to self-administration derives from Article 28 section 2 of the Basic Law and is detailed in the municipal codes. As a territorial authority, the city is a legal entity under public law and possesses authority over its organs and finances, human resources, statutes, as well as the right to manage its own affairs independently.
Internal Organization and Organs of the City
Constitutional Organs of the City
Cities typically have two main organs: the municipal representative body (usually called city council, municipal assembly, or city representatives assembly) and the administrative body (mayor or lord mayor). Their precise titles and powers are regulated by state law.
City Council and City Representatives Assembly
The city council is the decisive body for fundamental matters of the city, such as the budget, enactment of statutes, local infrastructure planning, and supervision of administrative activities.
Mayor/Lord Mayor
The mayor is generally the city’s legal representative externally and manages daily affairs. In major cities independent of county administration, a lord mayor may be elected. The term of office, election procedures, and division of responsibilities vary considerably between states and sometimes even within individual cities.
Other Special Organs
Some cities also have special committees, district councils, or advisory boards, provided this is stipulated by municipal constitutional law. These support participation in specific matters or represent parts of the city.
Rights and Duties of the City
Public Tasks and Duties
As part of municipal self-government, cities perform a wide range of public duties, including public services (e.g. water and energy supply), land-use planning, maintaining public safety and order, school sponsorship, and the promotion of public welfare. Statutory obligations mainly arise from federal and state law provisions.
Regulatory Authority and Other Powers
Within the scope of its regulatory authority, the city can issue public-law statutes, e.g. regarding urban planning, misuse, schedule of fees, or regulations governing community life. This power is an expression of the constitutional right to self-administration.
Financial Resources and Budgetary Law
Cities have the right to manage and plan their own budgets. The basis of their finances lies in municipal tax revenues, allocations, levies, and other public funds. Budgetary law is regulated under state law and is subject to local government financial supervision to ensure the proper use of funds.
Special Legal Positions and Urban Special Forms
City-States
There are three city-states in Germany: Berlin, Hamburg, and Bremen. These hold the status of both municipalities and states, and enjoy special rights within the federal system.
Independent Cities and Cities within a District
Independent cities perform, in addition to municipal duties, the roles of a county. Cities within a district act as municipalities within a county, forming part of that territorial authority.
Special features: Major District Cities, City Rights in Europe and Worldwide
In some federal states, there is a special form called a “major district city” that is entrusted with extended administrative tasks. Internationally, regulations concerning cities differ greatly; not every country confers a special legal status or specific rights of self-administration to cities.
Cities and Their Legal Relationships
Cities in Relation to Other Territorial Authorities
The legal relations with other territorial authorities, such as counties and municipalities, are generally governed by municipal constitutional law and other special regulations, for example in the cases of joint municipal associations or in cooperation among public institutions.
Municipal Companies and Holdings
Cities are authorized to establish their own companies (e.g. municipal utilities) or to participate in such entities. The legal framework derives from municipal law, competition law, procurement law, and budgetary law.
Disputes and Legal Protection
Administrative Jurisdiction
Legal disputes arising from municipal administrative activities, such as disputes concerning statutes, building law conflicts, or appeals against administrative acts, fall under the jurisdiction of the administrative courts.
Municipal Supervision
The municipal supervisory authorities of the states exercise legal and specialized oversight over the cities. They are intended to ensure compliance with statutory obligations, municipal budgetary requirements, and the proper exercise of self-government.
References and Further Legal Sources
- Municipal Codes and State Municipal Constitution Acts
- Basic Law (Art. 28 Sec. 2 GG)
- City Legislation and Granting of City Rights
- Specialist Literature on Municipal Constitutions and Urban Development
Summary: The concept of a city is comprehensively regulated under German law and signifies a special municipal legal form with extensive powers and obligations. The detailed structure, internal organization, rights of self-government, as well as special municipal forms, are determined by the applicable state laws. As a territorial authority, the city fulfills central tasks within the federal system and serves as an essential bearer of local self-administration.
Frequently Asked Questions
What are the legal requirements for granting city rights to a municipality?
The granting of city rights to a municipality takes place in accordance with the respective provisions of the state constitutions and municipal codes of the federal states in Germany. A municipality can become a city if it fulfills certain structural requirements, which usually include a specific minimum population, a capable administrative structure, and a central supply function for the surrounding area. The application for city rights must be addressed to the competent state authority—usually the Ministry of the Interior. The process includes an examination of whether the municipality meets the statutory criteria, for example from §§ 11-13 of the relevant municipal code (e.g. GemO BW). Upon positive review, city rights are granted by ordinance or by an official document, which often specifies the name, rights and obligations, and the date of establishment as a city. The process is administrative in nature and can be reviewed by objection or administrative court proceedings in case of denial.
What duties and responsibilities does a city have under German law?
Under German law, particularly as set out in the municipal codes of the states, cities are tasked with independently regulating local matters within the framework of the law (Article 28 paragraph 2 GG, right of self-government). This includes mandatory duties such as designation of building areas, establishment and maintenance of local infrastructure (roads, schools, fire departments), ensuring public safety and order (e.g. enactment of statutes and police ordinances), provision of services (water supply, waste disposal), as well as voluntary tasks such as promoting culture and sports. Additionally, cities are subject to specific obligations regarding budget management (budgetary law), the collection of local taxes and fees (e.g. property tax, business tax), and the proper conduct of municipal elections. For major cities, additional responsibilities as so-called independent cities arise, such as duties of the lower administrative authorities (e.g. driver’s license and registration offices).
What legal regulations apply to citizen participation in city matters?
As part of municipal self-government, the municipal codes of the federal states provide citizens with extensive legal rights of participation. These include in particular the right to submit a residents’ petition (§ 23 GemO NRW), to initiate a citizens’ referendum and decision (§§ 26, 27 GemO BW), and the right to be consulted in certain undertakings such as land-use planning (§ 3 BauGB). The organization of each procedure is governed by the relevant state law; this concerns thresholds for required signatures, deadlines, content, and procedure. Furthermore, many states require the city to enact a transparency statute, which specifies the right of residents to inspect records. In matters with significant effects, such as budget statutes or land-use plans, there are regular obligations to publish as well as rights of public display and objection for citizens.
How is the oversight and legality control of municipal administration conducted?
The legal oversight of a city’s administrative actions is divided into several levels: First, there is municipal supervisory control by the responsible supervisory authority (usually the district office or regional council), which ensures compliance with legal provisions and supervisory orders (§§ 117 ff. GemO BW). In addition, individual legal acts by the administration (e.g. notices, statutes) can be challenged by affected persons through legal remedies such as objection and litigation before the administrative court. Cities are required to act only within their statutory scope of activity and authority, in accordance with general principles of public administration. Furthermore, meetings of the city council are generally public, providing a measure of social oversight. The lord mayor or mayor, as the chief administrative official, is responsible for the legality of the administration and may also be addressed in this context.
Within what legal framework are cities permitted to enact statutes and ordinances?
Cities possess statutory autonomy, which is assigned to them under Article 28 section 2 GG and defined in more detail in the municipal codes of the states. Within the framework legislation, they can issue statutes (e.g. fee statutes, street cleaning statutes) and police ordinances (to maintain public safety and order) that have locally binding force. The statutes must be enacted within the boundaries of the law, must not infringe higher-ranking legal norms (requirement of legal basis, hierarchy of norms), and are limited in content, time, and scope. The procedure for adopting statutes is precisely regulated in state law: this includes consultation obligations in the city council, proper resolution, formal drafting, and public announcement. The validity and contestability of statutes are subject to supervisory authority control and judicial review according to § 47 VwGO by the administrative courts.
What special rights and duties do lord mayors have in German cities?
The lord mayor or mayor is, according to the municipal codes and main statutes of the cities, both the head of the administration and the representative of the city externally. Legally, he or she is responsible for daily administration, preparation and execution of city council resolutions, and legal review of their compliance with applicable law. In larger cities, this is a “full-time” elective office with special legal status: the lord mayor has a duty of neutrality, is subject to particular transparency and reporting obligations to the city council and supervisory authorities, and often has the right to initiate budget bills. Lords mayor are often the superiors of municipal employees, issue administrative acts, and represent the city in legal and extra-legal matters. Their rights and duties are defined by municipal election law and the special disciplinary and pension rules for officials in limited-term or probationary offices.
