Concept and Legal Status of the District Assembly
Der District Assembly is the central body at the district level in the Federal Republic of Germany. It serves as the elected representative organ of the respective district, a local self-governing entity that exists in some federal states—particularly in Bavaria—between the county (Landkreis) level and the state level. The district assembly performs a central steering and control function within district administration. Its legal foundation, allocation of tasks, as well as election and composition, are detailed in the relevant state laws.
Legal Foundations and Historical Development
Legal Basis
The legal basis for the establishment and operation of district assemblies is anchored in state laws. In Bavaria, for example, the District Ordinance (BezO) forms the foundation, especially in Articles 20 ff. Other federal states that have a district level also regulate the activities of district assemblies at the state level.
Historical Development
The emergence of the district assemblies is closely linked to the expansion of local self-government in the 19th century. They were introduced to ensure citizen participation and democratic legitimacy at the intermediate administrative level. Over time, the areas of responsibility and the significance of the district assembly have evolved and have been regularly adapted to current requirements.
Organization and Composition
Election and Term of Office
The members of the district assembly are elected in general, direct, free, equal, and secret elections. In Bavaria, the election is held simultaneously with the election of the county councils. The term of office is generally five or six years, depending on the respective provisions of state law.
Composition of the District Assembly
The number of members varies depending on the size of the district and is set by law. The seats are distributed to the parties and voter groups admitted to the election according to the system of proportional representation. The district assembly elects from among its members a president (or district assembly president) and, if necessary, additional members of the executive board.
Committees and Working Methods
The district assembly forms specialist committees to effectively fulfill its tasks, which deal with specific subject areas, such as finance, social affairs, health, and culture. The committees prepare the substantive issues, on which the plenary subsequently decides.
Tasks and Responsibilities
Statutory Responsibilities
The district assembly is responsible for a broad range of duties assigned to it by state laws. The core areas of responsibility especially include the following:
Social Security
The district assembly administers and manages key services in the social sector, including integration assistance for people with disabilities, provision of benefits under the Social Code (e.g., SGB IX, SGB XII), and support for psychiatric and social-psychiatric institutions.
Healthcare Services
Another core task is the promotion and management of healthcare facilities such as psychiatric clinics and specialized clinics. The district assembly is also responsible for the further development of regional services.
Culture and Education
Supporting cultural institutions, museums, libraries, and the preservation of traditions and customs is the responsibility of the district in many regions. In the field of education, the tasks include vocational and special schools.
Promotional Tasks
Numerous promotional measures in the fields of environment, heritage preservation, agriculture, or tourism are decided upon and implemented by the district assembly.
Right to Self-Administration of the District Assembly
The district assembly acts as a local representative body pursuant to the principles of democratic self-government. It is responsible for the autonomous regulation and management of its own affairs within the framework of statutory requirements. Decisions are reached by ordinances, general resolutions, or administrative acts.
Meetings and Passing of Resolutions
Publicity and Transparency
Meetings of the district assembly are generally public, unless there are statutory reasons for exclusion. This guarantees the transparency of decision-making processes. For individual matters, non-public meetings can be provided for.
Passing of Resolutions
The district assembly adopts resolutions by a simple or qualified majority of its present members. For certain decisions, such as the adoption of the district budget, qualified majorities or special procedures are prescribed.
Position in Relation to Other Levels
Relationship with the State Government and Counties
The district assembly is the highest organ of the district and is organizationally and functionally independent from the state government and lower administrative units. It does not exercise general supervision over counties, but in the context of fulfilling specific technical tasks, it maintains a coordinated relationship with other local authorities.
Rights of Supervision and Control
The actions and resolutions of the district assembly may be subject to legal supervision by the respective state supervisory authority, but not to specialist supervision. Legal supervision covers the examination of whether the district assembly acts within the framework of statutory regulations.
Significance of the District Assembly within the German Administrative Structure
The district assembly occupies a central role in local self-government in the federal states with a district level. The regional steering of social, health, and cultural tasks under its control underlines the federal and decentralized structure of the Federal Republic of Germany. Through the district assembly, democratic will-formation at the regional level is ensured and self-government is safeguarded.
Literature and Links
- Bavarian District Ordinance (BezO)
- German Bundestag: Levels of Local Government Law
- Federal Agency for Civic Education: District
Frequently Asked Questions
What are the tasks and powers of the district assembly according to the legal basis?
The district assembly is the central organ of local self-government at the district level pursuant to the provisions of the Bavarian District Ordinance Act (BezO), in particular §§ 18 ff. BezO. Its task is to decide on all matters of the district unless these are expressly assigned to the district assembly president or other bodies. Essential responsibilities include the adoption of the district budget, setting and collection of levies, the establishment, takeover, and dissolution of district institutions, as well as the appointment and removal of key functionaries according to § 22 BezO. The district assembly is bound by statutory frameworks, in particular the regulations of municipal law, budgetary law, and the Administrative Procedure Act. Furthermore, the district assembly exercises oversight over the entire district administration and thus represents a central element of democratic legitimacy and control within district administration.
By what procedure are the members of the district assembly elected?
The election of members of the district assembly is governed by local electoral law, specifically the provisions of the Bavarian Municipal Electoral Act (KWG) and the Municipal Electoral Regulation (KWO). The election is conducted as a general, direct, free, equal, and secret election in accordance with the principles of personalized proportional representation. The electoral area is divided into constituencies, each allocated a certain number of seats (§ 8 KWG). Seat allocation is carried out using the Hare-Niemeyer method or another procedure specified in the relevant state law. In Bavaria, the term of office is normally six years, with re-election permitted. All adult EU citizens with their main residence in the district on election day are eligible to vote under § 1 KWG. The legality of the election and any election challenges are governed by §§ 39 ff. KWO.
What is the legal basis for the rights and obligations of the members of the district assembly?
The rights and obligations of members of the district assembly are established in the Bavarian District Ordinance (BezO), in particular in §§ 21-26 BezO. They are required to attend meetings and have the right to submit motions and speak during meetings of the district assembly. They are subject to a duty of confidentiality (§ 21 BezO) regarding confidential matters which become known to them in their official capacity. There is also a conflict of interest: When discussing and deciding on matters in which a member has a personal financial interest, they must abstain from voting (§ 22 para. 4 BezO). Further obligations include compliance with the rules of procedure of the district assembly and participation in committees. Members also receive special protection under municipal law against disadvantages arising from their exercise of office (protection of mandate holders).
How is the district assembly president legally determined and what function does he or she perform?
The district assembly president is elected in accordance with § 18 BezO directly by the citizens of the district in a general, direct, free, equal, and secret ballot. The term of office is likewise six years; re-election is possible. The district assembly president represents the district externally (as the official representative) and heads the district administration. In this role, he or she is legally responsible for the proper preparation and implementation of district assembly resolutions as well as for chairing the meetings. The president is responsible for the management in accordance with the principles set by the district assembly and for managing current administrative business. His or her rights and duties are specified by the District Ordinance and the rules of procedure of the respective district assembly. The district assembly president also has authority over disciplinary matters concerning staff and the right to delegate and withdraw functions from deputies.
What legal regulations apply to the formation of committees in the district assembly?
The formation of committees in the district assembly is governed by § 24 BezO. The district assembly may set up standing or temporary committees to prepare and pre-discuss its decisions, to which tasks may be delegated in accordance with the rules of procedure. The composition of the committees follows the principle of proportional representation, reflecting the strength of the political groups in the district assembly. The election of committee members is carried out in accordance with the district assembly’s rules of procedure and is subject to the principles of equal treatment and the avoidance of incompatibilities. As a rule, committees meet in private, unless determined otherwise; their recommendations are submitted to the plenary for final resolution. Mandatory committees such as the audit committee, whose establishment and functions are prescribed by law, are particularly significant.
How are resolutions of the district assembly legally adopted and what formal requirements apply?
Resolutions of the district assembly require, pursuant to § 20 BezO, proper convening of the assembly and timely, complete information to members about the agenda (in compliance with the notice periods and forms set forth in the rules of procedure). The district assembly is only quorate if more than half its members are present. Resolutions are generally adopted by a simple majority unless a qualified majority is legally required (e.g., for statutes or budget decisions). Minutes must be kept of the meetings and resolutions, which are legally binding and may serve as evidence in the event of a dispute. Abstentions and individual voting behavior are to be noted in the minutes in accordance with the rules of procedure.
What legal options exist for reviewing and challenging resolutions of the district assembly?
The legality of district assembly resolutions can be reviewed in several ways. According to §§ 48, 49 Bavarian Administrative Procedure Act (BayVwVfG), faulty resolutions can be objected to, annulled, or declared void by the supervisory authority (municipal supervision) if they violate applicable law. Also, affected citizens and members of the district assembly have recourse, in the context of disputes under local government law and under certain conditions, to the administrative courts (§§ 40 ff. VwGO). Furthermore, the public or individual office holders may object to the proceedings or a resolution, which will then be dealt with in accordance with the rules of jurisdiction and procedure (e.g., § 23 BezO). Finally, local government law provides that, in cases of procedural errors, a cure may be effected by renewed discussion or formal confirmation of the resolution.
In which cases is the district assembly obliged to operate in public?
The meetings of the district assembly are generally public unless public welfare or legitimate interests of individuals necessitate exclusion (§ 20 para. 2 BezO). The exclusion of the public is decided by the district assembly in a non-public meeting. For matters involving personal data, trade secrets, or security-sensitive information, public exclusion is mandatory. The legal basis for the obligation regarding public meetings serves democratic transparency and oversight, which in turn ensures the comprehensibility of political decisions for citizens. The exclusion of the public must be recorded in the minutes and require clear justification based on legal provisions.
