Definition and Legal Classification of the City State
The term “city state” refers to a political territorial entity that combines the characteristics of a municipality (city) with those of a higher state entity (usually a federal state or sovereign country). City states are distinguished by being both legally and administratively organized as cities and endowed with considerable state sovereignty or autonomy. The legal classification and organization of city states are based on the specific provisions of the overarching state structure in which they exist.
Historical Development and Typologies
The manifestation of city states is not limited to a specific era or region. Historically, there have been various forms, such as the ancient Greek poleis, certain medieval imperial cities in the Holy Roman Empire, or modern microstates.
Antiquity and Middle Ages
In ancient Greece, city states (“polis”) such as Athens, Sparta, or Corinth were considered independent political entities with their own legal system, administration, and population. In the Middle Ages, various free or Hanseatic cities developed similar structures.
Modern and Contemporary City States
Modern city states are legally distinct territorial entities. Examples include Singapore, Monaco, and Vatican City. In federal systems, there are also subnational city states, such as Berlin, Hamburg, and Bremen in Germany.
City States in International Law
Some city states possess international legal sovereignty. They meet all essential criteria of a state according to Art. 1 of the Montevideo Convention (territory, population, government, capacity for international relations).
- Singapore: An independent country under international law.
- Monaco: Also internationally sovereign.
- Vatican City: A special type distinguished by the Lateran Treaties.
City states independently participate in international treaties, maintain diplomatic relations, and are represented in international organizations.
City States in German Law
In German legal terms, city states refer to the federal states of Berlin, Hamburg, and Bremen. They are both municipalities (in Hamburg and Bremen only the eponymous cities) and federal states according to Art. 20 para. 1 and Art. 28 of the Basic Law (GG). In these city states, these two levels are functionally and institutionally merged.
Constitutional Status
- Independent States: Berlin, Hamburg, and Bremen have their own state constitutions pursuant to Art. 28 para. 1 GG.
- Self-administration: They fulfill both the responsibilities of a municipality and those of a federal state.
- Parliamentary System of Government: Each city state has its own state parliament (House of Representatives or Bürgerschaft) and its own state government.
Administrative Structure
The city states combine state and municipal administrative functions. There is no independent municipal administrative level beneath the state authorities (exception: Bremerhaven as an independent municipality within the state of Bremen). Both state and municipal legal structures are used to perform federal statutory tasks.
Organs of the City States
- House of Representatives/Bürgerschaft: Legislative body; elects the state government or Senate.
- Senate: Executive; manages the administration of the state and the municipality.
- Districts: In Berlin and Hamburg, city districts with limited self-government exist.
Specifics in the Federal System
- Bundesrat: City states also send members to the Bundesrat in accordance with Art. 51 GG.
- Fiscal Equalization: In the context of fiscal equalization between federal states, special rules apply to address the unique responsibilities of city states.
City States as a Special Administrative Form
The legal structure of a city state constitutes an exception to the usual separation of municipal and state administration in the federal system. It allows for the consolidation of state responsibilities and administrative resources within a single urban territorial entity.
Legal Foundations
- Basic Law (GG): Defines the status of the three German city states.
- State Constitutions: Determine the specific organization and legal status.
- Municipal and State Law: Regulates local administrative structures and responsibilities.
Legal Implications
- Legislation: City states have the right to enact their own laws within the scope of federal responsibilities.
- Budgetary Autonomy: Independent budget planning within the financial constitution of the Federal Republic.
- Administrative Autonomy: Implementation and execution of federal and state laws by the same authority.
International City States: Legal and State Structure
Independent city states such as Singapore, Monaco, and Vatican City possess marked sovereignty. Their constitutions regulate the scope of governmental powers and foreign relations.
Examples
- Singapore: Presidential republic with broad legislative, executive, and judicial powers at city level.
- Monaco: Constitutional monarchy with urban character and its own competencies in international law.
- Vatican City: Theocratic elective monarchy whose legal basis is shaped by international treaties and canon law.
Summary
The city state is a legally distinct entity that combines the characteristics of state sovereignty or autonomy under state law with those of an urban territorial body. Under international law, fully sovereign city states exist; in the German federal system, Berlin, Hamburg, and Bremen operate as city states with a dual function as both state and municipality. The legal structure involves constitution, administrative organization, legislative competence, and the performance of state functions. The distinctiveness of city states results primarily from the merging of municipal and state levels, integration into federal structures, as well as autonomous administration and financial arrangements.
Frequently Asked Questions
What is the constitutional status of city states within the Federal Republic of Germany?
City states occupy a special constitutional position within the federal structure of the Federal Republic of Germany. They are federal states pursuant to Article 20(1) and Article 28(1) of the Basic Law, even though, unlike area states, their territory consists of a single, large city. This special status impacts the design of their constitutions and administrative structures: as federal states, city states have their own state constitution, enjoy state powers, and participate in the Bundesrat. At the same time, they combine the functions and organs of municipal self-government as well as state administration in one state entity. As a result, city states are responsible in the legislature, executive, and judiciary for both state and municipal matters. Exceptions exist, for example, in electoral law, budget law, and concerning the exercise of municipal self-government, which is organized within the framework of the state constitution.
How does municipal constitutional law in city states differ from that in area states?
Unlike area states, where municipal constitutional law typically applies to numerous municipalities and districts, a special regulation applies in city states. Here, there usually is only the main municipality, which assumes both state and municipal responsibilities. Municipal bodies (such as district offices) in city states like Berlin or Hamburg often have only limited legislative or administrative discretion and are more closely integrated into the state structure compared to classic area states. The legal framework for municipal self-government is provided by the respective state constitution; however, with the special case that all essential powers are concentrated at the main municipal level.
Which regulations apply to the cooperation of city states with neighboring area states?
To ensure smooth cooperation with bordering area states, city states apply the general provisions of the Basic Law regarding federal loyalty as well as specific regulations on inter-municipal and interstate cooperation (e.g., §§ 17 ff. GKGemO – Municipal Collaboration Act in some states). In addition, there are special state treaties, agreements, and administrative accords, for example, governing public services (such as public transport, water supply, or waste disposal) or regional planning. The legal possibilities and limitations of cooperation are determined both by state and federal regulations, such as the Act on Cooperation between Federal Government and States in Internal Security Matters, or by the state laws of the respective city states, which provide a flexible yet legally sound basis for cooperation.
How is the administrative procedure legally organized in city states?
The administrative organization in city states differs fundamentally from that in area states, as city states often lack an independent lower administrative authority such as rural districts. Instead, administrative tasks—both municipal and state—are centrally assigned to district offices belonging to the senate or appointed by the main administration. Legal organization is determined by the respective state constitution as well as relevant administrative laws, including the Administrative Procedure Act of the city states, specific statutory provisions (such as the District Administration Act in Berlin), or the rules of procedure of the senate. This normative basis defines, among other things, responsibilities, procedural flows, legal protection options, and municipal participation in administrative procedures.
What special features arise with regard to the fiscal constitution of city states?
Within the framework of the federal financial constitution according to Art. 106 ff. GG, city states can access revenues from both state and municipal shares of tax income. In addition, there are municipally funded responsibilities for which, unlike in area states, they are themselves responsible. Fiscal equalization is based on the dual function of the city state as both state and municipality, so additional compensation rules, special federal supplementary grants for special needs, and specific allocation criteria are applied. Furthermore, in the design of fiscal federal equalization, the unique responsibilities and costs associated with city state status are considered. These include supra-regional infrastructure tasks or an above-average workload due to population density or the metropolis function.
Which relevant statutes govern parliamentary oversight in the city states?
Parliamentary oversight in city states follows a dual structure, as it encompasses both state and municipal law elements. The respective state parliaments (e.g., House of Representatives in Berlin, Bürgerschaft in Bremen and Hamburg) have oversight powers analogous to those of the state parliaments in area states, may enact laws, and supervise the government. In Hamburg, for example, the Senate as the state government is controlled by the Bürgerschaft; in parallel, elected bodies in the districts also exercise municipal oversight functions. The relevant statutes can be found in the respective state constitutions, parliamentary rules of procedure, as well as specific oversight laws, such as the Investigation Committee Act, the State Audit Office Act, and regulations on information and file access rights.
