Definition of the District Assembly
The district assembly is a body of municipal self-government in Germany, acting at the level of a city district or borough. It constitutes a constitutional organ of the districts, particularly in city-states such as Hamburg or Berlin. In territorial states, similar functions may be carried out by municipal councils or city parliaments at subordinate administrative levels. The district assembly is responsible for a variety of local steering, oversight, and citizen participation tasks.
Legal Status and Composition
Constitutional Classification
The district assembly is a body with legal foundations regulated in the respective state constitution and state laws, such as in the District Administration Act. In Hamburg, for instance, district assemblies are governed by Article 56 of the Hamburg Constitution and the Hamburg District Administration Act. In Berlin, the legal basis arises from the Berlin Constitution and the Berlin District Administration Act.
Composition and Election
The members of the district assemblies are generally elected directly by the residents of the district. The term of office typically lasts five years. The size of the district assembly varies depending on the size of the district and statutory requirements. Elections are held based on the principles of proportional representation. Generally, all EU citizens and residents who have reached a legal minimum age (usually 16) are eligible to vote.
Parliamentary Groups
Within the district assembly, members often form parliamentary groups, which are granted certain rights in managing the assembly’s business. Parliamentary groups have privileges to submit motions and speak, as well as influence over the appointment of committees.
Tasks and Responsibilities
Supervisory and Steering Function
The district assembly supervises the administration of the district office and participates in central decision-making processes. For example, it decides on the use of district funds, sets local development priorities, and monitors the implementation of resolutions by the administration.
Decision-Making Powers
The district assembly decides, among other things:
- Integration policy, social, cultural, and urban development measures at the district level
- Use of district funds
- Statutes over particular areas of public law (e.g., markets, weekly markets, use of public spaces)
- Recommendations to higher administrative levels or the state parliament
Participation Rights
The district assembly is entitled to submit statements on administrative actions and to file motions to the state parliament or senate. In Hamburg, for example, the participation of the district assembly is legally specified for land-use planning, school development planning, and traffic matters.
Public Participation
Citizens have the right to address the district assembly with petitions, submissions, and question sessions. Sessions of the district assembly are usually public; only in exceptional cases are non-public consultations held.
Internal Organization
Presidium and Committees
The district assembly elects from among its members a chairperson and additional members of the presidium, who conduct the meetings and manage business. Furthermore, standing specialized committees are set up to handle specific subject areas, for example:
- Committee for Construction, Planning, and Transport
- Committee for Social Affairs, Health, and Integration
- Committee for Environment and Climate Protection
The number and thematic orientation of the committees may vary depending on the district.
Rules of Procedure
The district assembly adopts its own rules of procedure, which govern proceedings, agendas, speaking times, and procedural issues. These also establish the procedure for motions, voting, and exclusion of the public.
Relationship to the District Administration and Other Local Authorities
Cooperation with the District Office
The district office, as an administrative organ, conducts the district’s ongoing business. The leadership of the district office is either elected or proposed by the district parliament. The district assembly monitors the activities of the district office, can issue instructions, and has the right to be consulted or involved in many matters.
Relationship to State and Federation
The rights and competences of the district assembly are limited by the principle of subsidiarity and statutory assignments. In central matters, especially internal security, road construction authority, or school organization, decision-making powers usually remain at the state level.
Legal Supervision and Oversight
The district assembly is subject to legal supervision by state authorities to ensure compliance with the law. Moreover, measures of the district assembly can be reviewed through legal proceedings. Citizens can seek legal protection in particular through administrative courts.
Significance in German Local Government Law
The district assembly embodies democratic participation and local self-government. It offers an accessible way for political involvement and serves as a supervisory and steering body for locally responsible administrations. Its rights and duties form an essential element in the exercise of municipal rights in city-states as well as in larger cities with city districts. However, the specific arrangements are subject to state law variations, so the relevant state regulations must always be observed.
Literature and Further Sources
- Hamburg District Administration Act (BezVG)
- Berlin District Administration Act (BezVG Bln)
- Municipal Constitutions of the Federal States
- Hand Commentary on Local Government Law in Hamburg, Berlin, and other States
Note: The exact legal status and structure of district assemblies varies by German state. It is recommended to consult the relevant state laws and the rules of procedure of the respective district assembly for clarification of specific issues.
Frequently Asked Questions
How is the district assembly legally composed?
The composition of the district assembly is set out in the respective District Administration Acts of the states. In the case of Hamburg, the composition follows the Hamburg District Administration Act (BezVG) and the District Assembly Election Act (BezVwG). The district assembly consists of a certain number of members who are elected in a general, direct, free, equal, and secret ballot. The number of seats varies according to the population of the district and ranges, for example, between 51 and 57 in Hamburg. Mandates are allocated according to the principle of proportional representation to the participating parties and electoral associations. The rules for substitutes and succession in the event of a member’s departure are determined by legal election provisions. Furthermore, the district assembly may, on its own initiative, establish advisory committees, which may include citizens without a mandate as so-called ‘co-opted citizens’, albeit without voting rights in the assembly itself.
What are the legal tasks and powers of the district assembly?
The legal tasks and powers of the district assembly are set forth in the respective District Administration or District Ordinance Acts and differ across the federal states. Under the Hamburg model, the District Administration Act stipulates in detail that the district assembly participates in district administration but does not have executive authority. The district assembly’s powers include, in particular, supervision over the district office leadership, deciding on the local budget, and having rights to be heard and to submit proposals on district matters. It can submit applications and recommendations regarding administrative actions, has the right to information and to inspect files, and can participate in certain decisions concerning tenders, zoning plans, and public matters. However, it does not have final decision-making authority in the appointment of heads of the district office – this remains with the state government. Overall, participatory and supervisory rights predominate, while direct decision-making powers are limited and relate to specific areas at the district level.
What is the legal relationship between district assembly and district office?
Legally, the relationship between the district assembly and the district office is characterized by the principle of separation of powers and participation. The district office, as an authority, implements the resolutions of the district assembly in accordance with the law, but it is not bound by instructions from the assembly; instead, it is subject to the technical supervision of the relevant senate authority (in Hamburg, for example, the senate chancellery or specialized authorities such as the interior or social affairs department). The district assembly can communicate orders or requests to the district office, has the right to point out grievances, and can demand detailed statements. The legal basis (e.g., § 26 BezVG Hamburg) obliges the district office to inform the district assembly timely and comprehensively. However, the administrative powers of the district office are only partially autonomous due to its integration into the state administration: Final decisions on fundamental matters are often made at the state level.
Are district assembly meetings subject to legal procedural rules?
Yes, the meetings of the district assembly are subject to strict legal procedural rules, as regulated in the District Administration Act, the respective rules of procedure, and the municipal code. Key requirements include the public nature of the meetings, adequate notice and agenda, documentation by minutes, and regulated procedures for voting and elections. The rules of procedure also provide regulations on speaking times, eligibility to submit motions, grounds for exclusion, and the handling of motions. For confidential or personal matters, the public may be excluded from the session, which must be done by a lawful resolution following a set procedure. If a member’s participation is ruled out due to bias or a conflict of interest, this must be proactively clarified legally.
What legal means of oversight and information rights does the district assembly have?
The district assembly has explicit statutory oversight and information rights vis-à-vis the district office and the administration. It can submit written and oral inquiries, demand inspection of files, set deadlines for responses, and request information from the administration and the district office leadership. Key instruments for this include the right of interpellation, the ability to call special meetings, and the right to obtain expert reports and hearings. As part of parliamentary oversight, the district assembly can critically monitor the work of the district office, publicize grievances, and make recommendations for action. Exceeding or disregarding these rights can be asserted in court or challenged through local government supervision.
What needs to be considered legally regarding the term of office and resignation of members from the district assembly?
The legal term of office of the district assembly is determined by the election periods, which usually last five years (e.g., § 2 BezVwG Hamburg). The term automatically extends until a new assembly convenes. In the event of a member’s early departure (e.g., due to resignation, death, or grounds for incompatibility), the succession rules of electoral law apply: the next replacement candidate from the affected party or electoral group moves up (§ 17 BezVwG HH). In cases of doubt, open mandates are filled by a proper replacement process or by-election. The rules of incompatibility also apply to ensure, for example, that employees of the district office cannot simultaneously hold mandates in the district assembly.
