Concept and legal classification of the Bezirksverordnetenversammlung
Die Bezirksverordnetenversammlung (short: BVV) is a central body of district self-administration in the German city-states of Berlin and Hamburg. It plays a significant role in local democracy and – particularly in Berlin – serves as a parliamentary-democratic body elected to handle district affairs. Legally, the BVV is an independent organ of district administration, operating on the basis of state law.
Historical development and constitutional background
The Bezirksverordnetenversammlung has its origin in the Prussian municipal constitution of the 19th century. With the formation of Greater Berlin in 1920 and subsequently within Berlin state law, the institution was incorporated into modern municipal legislation. Its current structure in Berlin is derived from the Basic Law (especially Art. 28 para. 1 GG) and, in particular, the Berlin District Administration Act (BezVG).
Legal status and tasks of the Bezirksverordnetenversammlung
Legal basis
The legal basis of the Bezirksverordnetenversammlung in Berlin is the District Administration Act (BezVG) and the Berlin Regional Election Act, supplemented by further municipal legal regulations. In Hamburg, the Bezirksversammlung is regulated by the Hamburg District Administration Act. The body is not an independent territorial authority, but rather an organ without its own legal personality within the administration of the respective district.
Position in the district administrative system
The BVV is the representative body of the population at the district level. It thus stands between the central state administration and the residents of the district. As a decision-making body, it has the right of initiative, control functions, and important participatory and involvement rights with respect to the district office.
Composition and election
The members of the Bezirksverordnetenversammlung (district representatives) are elected every five years based on a list voting system, together with the Berlin House of Representatives elections (see § 36 BezVG). The number of district representatives depends on the population of the district and is usually between 45 and 55 seats. Eligible to vote are German citizens and, according to Union law, also EU citizens aged 16 and over with residence in the respective district.
Factions and committees
The political groups elected to the BVV can form factions. The BVV also establishes committees specialized by topic, such as for urban development, social affairs, or finance. These serve to prepare resolutions and to oversee administration.
Tasks, responsibilities, and administrative powers
Participation and oversight rights
The Bezirksverordnetenversammlung possesses extensive participation rights in the management of district affairs (§§ 8 ff. BezVG). These include in particular:
- Development and adoption of fundamental decisions on district administration
- Oversight of the activities of the district office
- Consultation and resolution on the district budget (budgetary authority)
- Initiating district matters through motions and recommendations
The BVV may call upon the district office to draw up advisory statements and to take or refrain from actions. However, it has no substantive authority to issue instructions to the district office, but instead exercises factual oversight and advisory functions.
Motions and participation procedures
Individual district representatives as well as factions may submit motions, which are first debated in the relevant committees and then decided upon in the plenary session. The BVV must be involved in major district matters—for example, in development planning, urban development projects, the budget, or social policy issues.
Powers under the municipal code
The tasks of the BVV are, under Berlin state law, limited to matters of “local relevance” which have been assigned to the district for independent administration by statute (Article 66 paragraph 2 VvB, § 3 para. 1 BezVG). These typically include areas such as public green spaces and playgrounds, street maintenance, libraries, youth, social, and cultural affairs.
Relationship to the district office
The district office is the executive body of district administration, while the Bezirksverordnetenversammlung is the parliamentary body. The BVV elects the members of the district office and may remove them by a constructive vote of no confidence (§ 41 BezVG). It is also entitled to submit inquiries and motions to the district office and to receive its reports.
Legal protection, public access, and rules of procedure
Rights and duties of the district representatives
District representatives enjoy special protections within the scope of their activity, such as the right to information from the district office, the right to speak and make motions in the BVV, as well as protection from dismissal from their employment (§ 7 BezVG).
Public access and transparency
The meetings of the Bezirksverordnetenversammlung are generally open to the public (§ 12 BezVG). This serves democratic oversight by the population and ensures transparency in the political process.
Rules of procedure
The BVV adopts its own rules of procedure, which specify process, rights and duties of members, submission of motions, speaking times, voting procedures, and the formation of committees (§ 10 BezVG).
Legal supervision and judicial oversight
Legal supervision
The Bezirksverordnetenversammlung is subject to the legal supervision of the State of Berlin. State oversight examines whether the BVV acts within its statutory powers, but may object to resolutions only on legal, not political, grounds (§ 25 BezVG).
Administrative oversight and legal protection
Legal disputes concerning the activity or resolutions of the BVV are subject to review by the administrative courts (§ 40 VwGO). Plaintiffs may include, among others, district residents and other persons affected by decisions, provided that their own rights are infringed.
Distinction from municipal councils in territorial states
Unlike municipal councils in other federal states, the BVV is not an organ of an independent local authority. Legally, Berlin is a unified municipality, so the districts are solely administrative units without their own legal personality. Thus, the BVV’s function and legal status are limited to tasks delegated by the State of Berlin.
Summary:
The Bezirksverordnetenversammlung is the principal body for district self-government in Berlin (and similarly in Hamburg). As a democratically elected body, it fulfills control, advisory, and decision-making functions. Its rights and duties, as well as its relationship with the district office, are comprehensively governed by the Berlin District Administration Act. It is subject to state legal supervision and judicial review. The BVV thus forms a central component of local democracy and comprehensive structures of self-government in the capital.
Frequently Asked Questions
How is the legal basis of the Bezirksverordnetenversammlung (BVV) regulated?
The legal basis of the Bezirksverordnetenversammlung derives from the constitution of Berlin (Articles 68 ff.) as well as the District Administration Act (BezVG) of the State of Berlin. The BVV is a constitutional body at the district level with its own responsibilities and rights but without direct executive authority. It is not a municipal parliament within the meaning of the Basic Law, but is part of the two-tiered administration of the State of Berlin. The BVV receives its tasks and powers through state legislative regulations, in particular through the District Administration Act, which governs structure, election procedures, responsibilities, oversight rights, internal organization, and working methods. The legal basis further stipulates that the BVV may only act within the framework of the duties legally assigned to it, and its decisions are subject to the legal supervision of the Senate.
What control rights does the BVV have vis-à-vis the district office?
The BVV has extensive oversight rights with regard to the district office, which are set out in the District Administration Act. It may require the district office to report and present documents, pose questions to the district office (individual and large-scale questions), and demand information in public meetings. Specific rights exist in the form of recommendations and requests, to which the district office must respond; if rejected, the response must be comprehensive, written, and well-reasoned. Moreover, the district office is obligated to provide regular oral and written interim and final reports. However, the BVV’s control rights do not extend to intervention in the district office’s autonomous management but are limited to oversight and consultation.
How is the relationship between the BVV and the district office legally regulated?
The relationship between the BVV and the district office is expressly established in Art. 72 of the Berlin Constitution and the District Administration Act. The BVV is the organ of district representation and oversight, acting as the representative of the residents. The district office is the district’s administrative authority and conducts day-to-day business. The BVV participates in administrative activities through recommendations and requests but is not itself authorized to issue administrative acts or decisions. Conversely, the district office is obliged to provide information to the BVV but may make its own decisions in budgetary and personnel matters, provided there are no fundamental objections from the BVV. This legal separation ensures oversight of administration by the citizenry’s representatives, without unduly restricting executive powers.
How are the rights and duties of BVV members legally defined?
The members of the BVV are honorary officials and are subject to the provisions of the District Administration Act and, in addition, to general civil service regulations where no specific rules apply. In the exercise of their mandate, they are not bound by instructions or directives (free mandate). Their rights include the right to speak, submit motions, exercise initiative and questions, and access necessary information and documents of the district administration. BVV members are obliged to attend meetings and are subject to specific criminal and liability provisions (e.g., duties of confidentiality, disclosure obligations to supervisory authorities). Conflicts of interest must be disclosed, and rules on bias and exclusion from participation apply.
What legal regulations apply to the public and non-public nature of BVV meetings?
The meetings of the BVV are generally public in accordance with the District Administration Act to guarantee transparency and democratic oversight. Non-public sessions may be decided upon in particular circumstances, for example regarding matters with personal data, confidential personnel matters, or when the interests of the district or third parties require it. The requirement to ensure public access is mandatory and of constitutional significance. Non-publicity is decided by the BVV through a legally regulated procedure by resolution. Minutes of non-public meetings are subject to special confidentiality requirements and may be accessed only in legally defined exceptional cases.
What are the legal requirements for convening and adopting resolutions in the BVV?
The convening of the BVV is strictly regulated by the District Administration Act: Conventions are called by the chairperson of the BVV in accordance with statutory deadlines, providing the agenda and business items. The notice period and format must be strictly observed; if not, resolutions adopted are generally void. The BVV has a quorum when at least half of its statutory members are present. Resolutions are adopted by a simple majority of votes cast, unless a qualified majority or other requirements are stipulated by law or rules of procedure.
How are BVV resolutions subject to legal review and contestation?
Legal oversight of BVV resolutions rests with the municipal supervisory authority of the State of Berlin or, if applicable, the Senate Department of the Interior. Resolutions that violate higher law, especially the Berlin Constitution, state laws, or a district’s main statutes, may be objected to and, if necessary, rescinded by the supervisory authority. Within the BVV, members may object to the formal legality of a resolution; such objections are recorded and may lead to subsequent review. External judicial challenge is generally excluded, as the BVV does not have external legal effect—unless a resolution directly affects the legally protected rights of third parties, in which case administrative legal recourse is available.
