Definition and Legal Framework of the City Council
The term City council refers in Germany to both a collegiate administrative body of a city’s municipal self-government and to a member of this committee. The main task of the city council is to make decisions on municipal matters, acting as the central organ of municipal self-government and endowed with extensive rights and duties. The legal basis of the city council arises primarily from the municipal constitutions of the federal states, in particular the respective municipal codes, as well as supplementary legal provisions, statutes, and regulations.
Historical Development of the City Council
The roots of the city council go back to the Middle Ages, when the first municipal self-governing bodies arose in the context of urban autonomy efforts. With the implementation of modern municipal codes, especially since the 19th century, the city council was established as a democratically legitimized organ and its tasks as well as legal status were regulated by law.
Composition and Election of the City Council
Composition according to Municipal Codes
The city council is composed of the elected council members, often referred to as city councillors. The exact number of members depends on the population of the particular city and is determined by the municipal codes of the federal states. The city council is usually chaired by the Lord Mayor or Mayor, who, in some federal states, is also a voting member of the body.
Election Procedure
The city council is elected in democratic, general, free, equal, secret, and direct elections. The term of office is five years in most federal states, although individual states have differing rules. Details concerning the electoral procedure, constituencies, or proportional and majority voting are governed by the respective local election laws and related statutes.
Special Provisions
In addition, there are special provisions regarding active and passive suffrage, the division of electoral districts, minimum and maximum sizes of the council, as well as replacement procedures in the event of early departure of council members. Furthermore, any rules regarding quotas or minimum representation under certain aspects (e.g. gender parity) must be observed.
Tasks and Responsibilities of the City Council
The City Council as the Main Body of Municipal Self-Government
The city council is the main organ of municipal self-government and is generally responsible for all matters of the city, unless these are assigned by law, statute, or rules of procedure to the mayor, specialist committees, or the administration. The range of duties includes everything from budget planning and urban development to determining fee schedules.
Examples of Areas of Responsibility
- Enactment, amendment, and repeal of local statutes and regulations
- Determination and control of the municipal budget plan
- Decision on municipal investments and measures of public services
- Resolutions in the area of urban development, infrastructure, transport, and housing
- Appointment and supervision of the work of committees
- Supervision and participation in the activities of the mayor or lord mayor
Adherence to Fundamental Rights and Higher Law
In carrying out its tasks, the city council must comply with the constitutional order, the rights of the state and the federation, and the general principles of equal treatment. Decisions and resolutions are always subject to review under public law principles.
Rights and Duties of City Council Members
Exercise of Mandate and Duty of Confidentiality
Members have the right and duty to personally attend meetings and to exercise their mandate according to their own knowledge and conscience. They are not bound by instructions (so-called free mandate), but are subject to a duty of confidentiality regarding confidential matters and documents.
Right to Information and Disclosure
City council members have a comprehensive right to information and disclosure from the city administration and the mayor, as far as it is necessary to fulfill their duties.
Incompatibility Rules and Conflicts of Interest
The municipal codes contain incompatibility provisions to avoid conflicts of interest. These especially concern employment with the city, participation in companies, or personal interests that could influence decision-making. In the case of a conflict of interest, the member concerned is obliged to declare it and, if necessary, to abstain.
Organization and Procedures in the City Council
Rules of Procedure and Committees
The organization of the city council’s work is regulated by the rules of procedure, which set out, among other things, the procedures for deliberation, submitting motions, and conducting meetings. The city council may establish committees for specific subject areas (e.g. finance, construction, social affairs), which may also include advisory members.
Meetings and Publicity
Meetings of the city council are generally open to the public, unless statutory reasons for exclusion (e.g. data protection, personnel matters) require a non-public session. The minutes of the meetings are an essential part of the council’s documentation.
Resolutions and Majorities
Resolutions of the city council are passed by majority vote. The exact rules on required quorums and majorities, especially for important matters such as budgets or amendments to statutes, are set out in the municipal code or in the council’s rules of procedure.
Rights of Citizens and Opportunities for Participation
Residents’ Meeting and Citizens’ Petition
Citizens have various opportunities to participate in and influence the work of the city council. These include, in particular, residents’ meetings, citizens’ petitions, and referenda, each of which has its own statutory basis and procedural rules.
Legal Supervision and Legal Protection
Municipal Supervision
Resolutions of the city council are subject to the legal supervision of the municipal supervisory authority. The aim of this control is to ensure legality and proper administrative activity.
Legal Remedies
If a council resolution is suspected of violating the law, affected parties generally have recourse to the administrative courts. City council members themselves may also seek legal action in the event of violations of their rights arising from council membership.
Distinction from Other Bodies
The city council differs both conceptually and functionally from other municipal bodies such as the mayor, district councils, county councils, or specific specialist committees. While the latter typically have advisory or preparatory functions, the city council is the city’s original decision-making body.
Literature and Legal Sources
- Municipal codes of the federal states (e.g. GO NRW, GemO Bayern, HGO)
- Local election laws and regulations of the federal states
- Commentary on the Municipal Codes (various authors)
- German Municipal Constitution
- relevant case law of the administrative courts
Conclusion
The city council embodies the central decision-making body of urban self-government in Germany. Its legal status, tasks, and procedures are comprehensively regulated by law, with citizen participation and oversight forming an essential element of democratic municipal administration. The organization, composition, and decision-making processes of the city council are largely shaped by the respective federal state regulations and reflect the high importance of local self-government.
Frequently Asked Questions
Who is legally a member of the city council and how is the appointment made?
Legally, a member of the city council is any person who, according to the municipal code (provisions differ by federal state), has been elected as a council member or obtained a seat as a substitute. The election takes place in general, free, equal, and secret local elections by eligible voters of the respective city. Substitute members are appointed in accordance with the order of the electoral proposals should a seat become vacant. The prerequisites for membership usually include active and passive suffrage for the city council, reaching a certain minimum age (typically 18 years), and fulfilling the statutory requirements such as main residence in the relevant municipality. The appointment becomes legally effective with the determination of the election result and acceptance of the office. The legal basis for membership and succession are found in the respective municipal code of the federal state, sometimes supplemented by local principal statutes.
What legal powers and duties do city council members have?
City council members possess organizational competences in the context of their activities conferred by the municipal code and, if applicable, supplementary local statutes. Their main powers include the right to vote in the council, the right to submit motions, and the right of initiative for municipal affairs. They also have the right to inspect files and obtain information as far as necessary for the exercise of their mandate. The most important duties include confidentiality regarding confidential matters, the prohibition of accepting undue advantages (ban on corruption), and the duty to attend meetings (compulsory attendance). Furthermore, they have a duty of loyalty and consideration towards the municipality. They are also subject to participation bans in the event of a personal conflict of interest (§ 31 GO NRW or corresponding regulations in other federal states). Violation of these duties may entail regulatory measures or even loss of mandate under local government law.
How is the legally regulated relationship between city council and mayor structured?
The relationship between the city council and the mayor is clearly regulated by the municipal codes as a relationship between the organs of the municipality. The city council is the main organ of municipal self-government and decides in principle on all matters of the municipality, unless these have been transferred by law to the mayor or other bodies. The mayor is the executive body and represents the municipality externally. He or she is responsible for managing the administration and implementing council resolutions. In certain matters, the mayor has an independent power of decision (current administrative matters), but may also be authorized by the city council through so-called transfer resolutions, within the scope of legal provisions, to make decisions or carry out tasks. In the event of a dispute, an organ dispute procedure may be initiated before the administrative courts. The precise division of tasks and the details of cooperation and oversight between the two bodies are governed by the relevant municipal code and local principal statutes.
In which cases are city council meetings legally non-public or confidential?
The municipal codes stipulate that city council meetings are generally open to the public to ensure local democracy and transparency. A non-public, so-called “confidential” session only takes place when the public interest or legitimate individual interests (e.g. personal data, business and trade secrets) are affected. The decision to exclude the public is usually made by the council itself with a simple majority. Individual agenda items subject to confidentiality are then dealt with separately. The legal regulations for this are found in the respective municipal codes (e.g. § 48 GO NRW) as well as in the rules of procedure of the municipal councils. Violations of these confidentiality obligations may have criminal and disciplinary consequences.
What legal remedies are available against council resolutions?
As a general rule, a formal application for review by the mayor can first be submitted against council resolutions. In the event of an unlawful resolution, the mayor—as an organ of municipal supervision—is obliged to object to the resolution, which is clearly regulated in the municipal codes. Against council resolutions that have become final and legally binding, affected citizens and third parties can generally only use formal legal remedies via municipal constitutional disputes, in particular through an action for annulment or an action for performance before the administrative court. The prospects of success depend on whether a personal legal infringement is substantiated and an appropriate cause of action exists (e.g. derivative rights or subjective public claims). The municipal supervisory authority may also act ex officio and object to or annul manifestly unlawful resolutions.
Under what legal conditions does council membership end?
Membership in the city council legally ends upon expiry of the term of office, death, resignation (withdrawal), revocation of the mandate by final decision (e.g. for serious breaches of obligation, loss of eligibility, or residence outside the municipality), or by court decision (loss of mandate). The procedures for this are regulated by the municipal codes of the federal states, supplemented by local statutory provisions. If a member dies or leaves for other reasons, the replacement procedure regulates succession according to the order on the electoral list.
To what extent do city council members have personal liability in the exercise of office?
City council members are generally not personally liable for actions taken in the exercise of their statutory powers, as long as they act in accordance with the law and within their duties (so-called “corporate liability”). However, in the event of intentional or grossly negligent breach of duty, personal liability towards the municipality may arise (§ 43 para. 2 GO NRW or analogous provisions of other states). Criminal prosecution is also not excluded, for example if a council member has accepted undue advantages or breached confidentiality obligations. As a rule, damages resulting from proper performance of official duties are covered by the municipality’s liability insurance; for gross breaches, the council member is liable in part or in full. The exact liability rules are determined by the legal assessment of the individual case.
