Definition and legal framework of the city district
Ein City district is a municipal legal territorial unit within a German independent city or a major city belonging to a district as part of a multi-level municipal administration. City districts serve to improve the organization and administration of larger cities and are regulated differently in the municipal codes of the federal states. They may have their own bodies (such as district councils or district committees) and can fulfill both administrative and political functions.
Legal foundations
The establishment and design of city districts are primarily based on the municipal constitutions (municipal codes) of the German federal states. The respective regulations are specified by municipal statutes. According to the municipal codes, municipalities may establish districts with their own bodies for the performance of certain tasks or to involve the population in self-government; this applies especially to cities with more than 100,000 inhabitants or in the case of the consolidation of several municipalities.
Examples of state law regulations
- North Rhine-Westphalia (§ 35 Municipal Code NRW): Cities may divide a city area into districts and localities. District councils with decision-making and consultation rights may be established for city districts.
- Bavaria (Art. 60 Municipal Code): For independent cities and major district cities, the city area may be divided into districts to improve administrative management.
- Baden-Württemberg (§ 64 Municipal Code): Tends to enable the formation of city districts with independent bodies, especially in the case of annexations.
Distinction from other municipal territorial units
City districts are administrative units that are clearly distinct from “localities” or “quarters.” While quarters are often historically or culturally grown territorial denominations without administrative authority, city districts have a legally anchored, formalized function and constitute independent administrative units.
Organization and tasks of the city district
Formation and demarcation
The formation of city districts takes place by council resolution or, depending on state law, by statutory ordinance or bylaw. The precise demarcation is often based on historically or geographically established structures. In territorial reforms (incorporations), formerly independent municipalities are often represented in city districts in order to ensure political continuity and participation.
Self-administration and bodies
City districts may be equipped with the following bodies to carry out their tasks:
- District councils / district committees: These bodies are regularly elected in municipal elections or partially appointed. They have authority over local public services, urban development, and cultural, social, and educational activities in the district.
- District chairpersons / district mayors: These lead the city district at the local level and represent it externally. Their appointment is regulated by statutes, often upon the proposal of the respective district council and with the approval of the city council.
- District administrative offices: In cities with a pronounced decentralized organization, there is often a dedicated administrative office for direct citizen services (residents’ registration office, registry office, etc.).
Legal status and responsibilities
The competencies and decision-making powers of the bodies at city district level differ between the federal states and mainly depend on the respective main statute of the city. Typical areas of responsibility are:
- Participation in the planning of urban development measures
- Organization and implementation of citizen participation
- Support and realization of local events, markets, and cultural activities
- Participation in investments in the infrastructure sector (e.g., schools, kindergartens)
- Right to make proposals in staffing decisions of the municipal authorities active in the district
The structure ranges from purely advisory functions to real decision-making powers, especially within the framework of general authority or in urgent decisions.
Financing
For the fulfillment of their tasks, city districts usually receive their own financial resources or budgets, the use of which can be co-determined by the district council. The allocation of funds results from the city’s budget bylaw. Exact regulations differ depending on the city district and depend on the transferred tasks.
Position within the federal system and influence of municipal legal principles
City districts are not constitutionally guaranteed components of municipal self-government in their own right, but are based on simple statutory provisions of the respective municipal constitution. The municipal self-government guarantee (Art. 28 para. 2 Basic Law) applies primarily to the municipality as a whole and not to the individual district. Nevertheless, city districts contribute to democratic participation within urban society at the sub-municipal level.
Relationship with the city council and city administration
The rights and duties of city districts are usually established in a delegated relationship to the city council. The decisions of the district councils are often recommendations; binding decisions can only be made if expressly assigned by statute or law. The city administration acts as the executive body of central administrative decisions but can also delegate tasks to city districts within the scope of statutory assignments.
Special forms and development trends
Historical development
City districts first arose as a result of municipal territorial reforms, particularly for incorporation and public safety reasons. The aim was to continue to represent citizens’ interests within the enlarged city area and to preserve decentralized structures.
City districts in cities with a population of over one million
Major cities such as Berlin, Hamburg, Frankfurt am Main, or Munich have established elaborate city district administrations to relieve the central administration. Here, districts with their own administrative staff, district offices, and parliamentary bodies are institutions with considerable autonomy, whose competencies can be extensive (especially in Berlin with its 12 districts).
Difference compared to other countries
In Anglo-Saxon and Romance administrative law, there are comparable structures such as boroughs, arrondissements, or borough councils, whose tasks and competencies, however, often differ from those of German city districts.
Conclusion
The city district is a flexible and decentralized municipal organizational element, which especially in larger cities serves as an instrument to strengthen local democracy and to relieve the municipal administration in practice. Its structure varies according to the federal state and city district in terms of size, bodies, and decision-making powers. The legal basis of the city district is found in simple state law, mainly in the municipal codes and the main municipal statutes. Thus, the city district makes a significant contribution to citizen participation and efficient administrative management in urban areas.
Frequently asked questions
What legal competences does a city district have?
In Germany, a city district generally has no original, independent competences in terms of municipal self-government, as it is not a separate legal entity. The legal assignment of tasks to a city district is exclusively through the respective city’s main statute, which is structured within the municipal law of the respective federal state. The district advisory council or district council may be granted certain, clearly defined decision-making or consultation rights, often in matters affecting the local community, such as the maintenance of green spaces, promotion of cultural life, or the operation of public facilities in the district. The final decision-making authority generally remains with the city council or the responsible city administration, unless explicitly stipulated otherwise by the main statute. In addition, all powers of city districts are strictly limited by superior law, particularly the relevant state municipal law.
How are responsibilities divided between the city district and the overall city?
The division of responsibilities is primarily determined by the municipal main statute or district regulations and thus varies from city to city and from federal state to federal state. As a rule, the city district is responsible for advising and participating in matters that geographically affect the district and have no fundamental importance for the entire city. Areas such as education policy, land use planning, major investments, or personnel matters, on the other hand, remain at the overall city level. The precise allocation is set out in the statute, either as a list or general clause, often granting a right to be heard, while the final decision-making authority remains with the city council. Disputes over responsibilities are settled internally by administrative instructions or, if necessary, in administrative court.
Which legal provisions govern the establishment and dissolution of city districts?
The establishment, modification, or dissolution of city districts is based on the statutory regulations of the respective federal state, often within the framework of the municipal code (e.g., § 39 GO NRW, § 55 BGO Berlin). The concrete design – number, boundaries, procedure – is laid down in the city’s main statute, whose amendment is decided by the city council. Significant changes may require cooperation and, if necessary, the participation of the affected residents (e.g., public hearing, citizen survey). In territorial states, approval by the supervisory authority may additionally be required. Changes must always be justified by reasons of public interest and ensure proper administration.
How are representatives in the city district legally appointed and legitimized?
The legal basis for representation in the city district is derived from each state’s municipal constitutional law and the municipal main statute. Members of the district council or district advisory board are usually elected directly or indirectly during municipal elections (e.g., via lists as part of the city council election, or through independent district elections). The term of office usually matches that of the city council, but may vary according to state law. The rights and duties of representatives derive from the relevant municipal laws, the main statute, and if applicable, rules of procedure, and include rights of participation, motion, and oversight, but generally do not grant comprehensive decision-making power. For representative actions, the general municipal principle of fiduciary duty applies.
What legal options for citizen participation exist at district level?
Citizen participation at the level of city districts is essentially regulated by the relevant municipal law provisions and the municipal main statute. These regularly provide that residents may have an influence via residency meetings, citizen question times, or through citizen motions (§ 24 GO NRW, § 42 BezVG Hamburg, etc.). In some cases, city districts are also required to publicly announce or submit for public hearing important planning or major projects in the district. In addition, occasional citizens’ referenda are possible at district level, provided for in the main statute and if certain participation thresholds are met. The exact participatory rights vary considerably by municipality and federal state.
To what extent are city districts liable for mistakes made by their district facilities?
Since city districts are not independent legal entities, in the event of breaches of duty or damages caused by actions of bodies or facilities of the city district, the city itself, as the legal entity, is liable. Civil and public liability is determined by the general principles of state liability law (§ 839 BGB in conjunction with Art. 34 GG). A direct right of action against the city district as such is excluded. Officeholders of the district council are personally liable only for intentional or grossly negligent breaches of duty, whereby the city is generally held liable in recourse.
Can city districts issue their own statutes or ordinances?
Under current legal provisions, city districts do not possess their own statutory authority. The right to issue municipal statutes and ordinances lies exclusively with the organs of the overall city, particularly the city council. The city district may, within the scope of its participatory rights, submit suggestions, proposals, or opinions on draft statutes, but may not enact them independently. Any statutory or regulatory competence must, therefore, necessarily be exercised through the municipal main statute and the city council. Only in cases of special delegated administration, such as localities with sub-local constitutions, are limited independent statutory powers possible, which, however, is the exception.
