Concept and Function of the Municipal Council (Stadtverordnetenversammlung)
Die Municipal Council (Stadtverordnetenversammlung) is a central body of municipal self-government in certain German federal states, particularly in Hesse and Brandenburg. It assumes the fundamental task of representing the inhabitants of a city and makes binding decisions regarding municipal matters within the framework of the applicable state legislation. In these states, the Stadtverordnetenversammlung is functionally equivalent to the elected city council (Stadtrat) in other federal states.
Legal Foundations of the Municipal Council (Stadtverordnetenversammlung)
Legal Status and Statutory Basis
The legal foundation of the municipal council is established at the state level. In Hesse, it is regulated in accordance with the Hessian Municipal Code (HGO) in the main statutory law, and in Brandenburg pursuant to the Municipal Constitution of the State of Brandenburg (BbgKVerf).
Key statutory foundations:
- Hessian Municipal Code (HGO)
- Municipal Constitution of the State of Brandenburg (BbgKVerf)
Further provisions can be established in the respective municipal main statutes or supplementary local legal texts.
Tasks and Areas of Responsibility
The municipal council is the city’s highest decision-making body for all matters of municipal self-government, unless assigned by law to another body. Typical responsibilities include:
- Adoption of the municipal budget
- Enactment and amendment of statutes and ordinances
- Strategic objectives and urban planning decisions
- Decisions on major investments
- Elections and removal of municipal officeholders, such as the magistrate or the mayor (within the framework of the relevant municipal code)
The precise allocation of responsibilities is determined by the relevant municipal constitution, the main statute, and the rules of procedure of the assembly.
Organization and Composition of the Municipal Council
Election System and Term of Office
The members of the municipal council are elected by the eligible voters of the city in a general, direct, free, equal, and secret ballot. The term of office in Hesse and Brandenburg is usually five years. The number of members depends on the population of the respective city and is specified in the municipal election laws of the states.
Rights and Duties of Council Members
Members are not bound by instructions or directives in the performance of their duties and must exercise their office freely and solely in the interest of the public good as per their conscience. They are subject to the duty of official secrecy and must disclose potential conflicts of interest (prohibition of participation in the event of bias).
Chair, Rules of Procedure, and Meeting Conduct
The chairmanship of the municipal council is held by a president, elected from among the members of the assembly. The presidency is responsible for convening and chairing the meetings and ensuring their orderly conduct.
Detailed procedures and processes of the municipal council are typically regulated through rules of procedure. These determine, for example:
- Procedures for submitting motions and proposals
- Speaking times and debate management
- Handling of disciplinary measures
Distinction from Other Municipal Bodies
Relationship with Magistrate and Mayor
In Hessian municipalities, the municipal council works closely with the magistrate (a collegiate body of city administration led by the mayor). While the magistrate is responsible for day-to-day administration, the municipal council makes the key fundamental decisions.
Difference Between Stadtverordnetenversammlung, Stadtrat, and Gemeinderat
The name and composition of the main municipal representative body vary between the federal states. Where a Stadtverordnetenversammlung is established, it corresponds to the Stadtrat (e.g., in North Rhine-Westphalia) or the Gemeinderat (e.g., in Baden-Württemberg). Their competencies and responsibilities are largely comparable, though details differ according to local municipal law.
Transparency, Public Access, and Oversight Mechanisms
Meeting Dates and Public Access
In principle, the meetings of the municipal council are public; exceptions may be made for privacy or employment law reasons, such as when discussing personnel matters or contract awards. Public access is intended to ensure transparency and democratic oversight.
Supervisory and Participatory Rights
The municipal council possesses extensive rights of oversight with respect to the magistrate or administration, for example through:
- Right to ask questions
- Right of access to records
- Establishment of committees (e.g., oversight committee, audit committee)
In addition, participatory rights exist for residents, for example through residents’ question sessions and the right to submit applications.
Committees of the Municipal Council
To prepare resolutions or oversee administration, the municipal council may form permanent or temporary committees. These are usually composed in accordance with the relative strength of the parliamentary groups. The most important committees are often:
- Main and Finance Committee
- Building and Planning Committee
- Audit Committee
The powers and composition are determined by the respective rules of procedure.
Participation and Transparency in Municipal Democracy
The municipal council is a central element of democratic opinion-forming at the municipal level. It guarantees the democratic participation of all eligible voters in the city and forms a link between citizens’ interests and city administration.
Literature and Additional Regulations
- Hessian Municipal Code (HGO)
- Municipal Constitution of the State of Brandenburg (BbgKVerf)
- Municipal election laws of the federal states
- Main statutes and rules of procedure of the cities
The municipal council is thus a significant body of municipal self-government in certain German federal states, acting on the basis of specific state-law requirements and making a substantial contribution to the democratic management and oversight of municipal activities.
Frequently Asked Questions
Which legal provisions govern the composition of the municipal council?
The composition of the municipal council is essentially governed by the relevant municipal constitution, usually in the municipal code of the respective federal state. Legal bases such as the Hessian Municipal Code (HGO) or the Municipal Code for North Rhine-Westphalia (GO NRW) stipulate that members of the municipal council are elected in general, direct, free, equal, and secret ballots. The number of members is determined by a municipal constitution or by a resolution of the existing municipal council within statutory limits. Additionally, implementing regulations on municipal electoral law govern, among other things, age requirements, election procedures, contesting election results, and succession procedures when members leave office. Furthermore, provisions of the Political Parties Act and the Basic Law, especially Article 28 of the Basic Law, affect the democratic principles underlying the council and its election.
Under which legal conditions can a member of the municipal council lose their mandate?
Loss of mandate is regulated by the municipal code of the respective federal state and can occur due to various legal circumstances. Typical reasons for loss of mandate include resignation by written declaration to the chair of the council, loss of eligibility (e.g. moving out of the municipality, loss of civic rights, loss of legal capacity), as well as disciplinary measures such as loss of voting rights following a criminal conviction (§ 45 Criminal Code). In some state municipal codes, there is also the possibility of losing a mandate due to death (§ 33 HGO) or by removal when incompatibility with other offices is established (e.g. holding the office of mayor; keyword: incompatibility rules). The exact procedure for loss of mandate, including examination and determination by the municipal council or the municipal election committee, is also legally precisely stipulated.
Which legal provisions regulate the conduct and public access of meetings of the municipal council?
The conduct of municipal council meetings is subject to clear statutory provisions, particularly enshrined in the municipal codes of the federal states and supplementary rules of procedure. As a rule, meetings must generally be held publicly to ensure the principle of transparency and democratic oversight. Exceptions to public access, such as for personnel decisions or in cases where public welfare or legitimate interests of individuals are at risk, require a separate legally binding resolution and a comprehensible justification. The conduct of meetings is based on the applicable rules of procedure, which detail the format and deadlines for invitations, agenda preparation, speaking time regulations, voting procedures, and record-keeping. In addition, protective provisions may apply, such as accessibility requirements or the use of digital aids, depending on the current legal situation (e.g. infection protection laws).
How is voting rights in the municipal council legally regulated?
The voting right in the municipal council is granted to each elected member on the basis of the respective municipal code and essentially entails the right to participate in all votes and elections. The principle of ‘one person, one vote’ applies. The right to vote is non-transferable and, as a rule, may not be exercised by proxies. In certain cases, a member may be excluded from exercising voting rights by law (for example, in cases of personal involvement or prohibitions on participation due to bias, e.g., under § 25 HGO). Such regulations serve both to protect against conflicts of interest and to ensure objective decision-making. In the event of a tie, depending on the rules of procedure, the chairperson’s vote decides, or the motion is deemed rejected.
Under what legal conditions can a special meeting of the municipal council be convened?
The municipal codes of various federal states stipulate that a special meeting (usually called an ‘extraordinary meeting’) can be convened if requested by either the mayor or a certain proportion of the municipal council members—typically one quarter. The request for convening must be made in writing and include a justification and specification of the agenda items. The deadline and form of the invitation are also governed by the applicable provisions and are usually several days, but can be shortened in urgent cases. Abuse prevention provisions and judicial review of the chairman’s refusal are legally provided to protect minority rights and ensure control over administrative action. Legal remedies against the refusal to convene may be available in the form of a municipal constitutional complaint.
What legal options exist to challenge resolutions of the municipal council?
Resolutions of the municipal council can be challenged under certain legal conditions. Firstly, assembly members generally have the right to object immediately after a resolution is passed, for instance, in the event of procedural violations or bias. Externally, affected citizens or legal entities may appeal to the municipal supervisory authority according to the provisions of municipal law (e.g., § 138 HGO regarding the validity of municipal resolutions). In cases of serious breaches of applicable law—especially violations of the municipal code or overarching law—a direct challenge or an administrative court action may be brought. The deadline and procedures for this are detailed and generally require legitimate interest (legal standing) and exhaustion of preliminary procedures. If a successful objection is made by the supervisory authority, execution of an unlawful resolution may be prohibited or revoked.
Under what circumstances are members of the municipal council legally bound to confidentiality?
Members of the municipal council are subject to a statutory duty of confidentiality under the specific provisions of the municipal code and, if applicable, supplementary data protection or secrecy laws regarding all confidential matters that have become known to them in the course of their activities. This applies in particular to personal data, business and trade secrets, as well as documents and deliberations from non-public meetings. Breaches of the duty of confidentiality may result in both municipal law sanctions, such as exclusion from committees, and criminal consequences under § 203 Criminal Code (violation of private secrets). The duty of confidentiality remains in force even after leaving the mandate. Exceptions, such as disclosure obligations to law enforcement authorities, are also legally regulated and interpreted narrowly.
