Term and legal status of the Regierungspräsident
The term Regierungspräsident designates in Germany the head of a regional government authority (also called a Regierungsbezirk), which serves as an intermediate administrative layer between the highest state authorities (in particular the state ministries) and the lower administrative authorities (districts, independent cities, and municipalities). The institution of the Regierungspräsident exists in federal states with a three-tier administrative organization, especially in Baden-Württemberg, Bavaria, Hesse, and North Rhine-Westphalia. The legal status, functions, and duties of the Regierungspräsident are largely regulated by the respective state laws.
Legal bases and appointment
Statutory foundations
The legal bases for the organization, responsibilities, and powers of the Regierungspräsident are primarily found in the state administrative procedure acts, the respective state administrative laws, as well as authority-specific ordinances and implementation laws of the federal states. There are no federal legal regulations, as the organization of state administration falls under the jurisdiction of the federal states according to Art. 30, 83 et seq. of the Basic Law.
Appointment and term of office
The Regierungspräsident is usually appointed by the state government or the competent specialized ministry, mostly the Ministry of the Interior, in agreement with the Minister President, for a fixed term or at the discretion of the appointing body, unless state law stipulates otherwise. The appointment is carried out through a civil service procedure; the Regierungspräsident is generally a fixed-term civil servant in salary group B 7 to B 9 and is subject to the civil service regulations of the federal government or the respective state.
Responsibilities and areas of competence
Leadership function and official position
The Regierungspräsident is the head of the regional government authority and carries overall responsibility for fulfilling the tasks of the Regierungsbezirk. As a direct point of contact for the state government in the region, the Regierungspräsident is in many states also the highest supervisory authority over subordinate administrative units and occupies a central position in the hierarchical structure of authorities. His official position differs from that of a district administrator or mayor in that the Regierungspräsident has universal competence in state matters, to the extent that they have been assigned to the Regierungsbezirk.
Scope of tasks
The portfolio of tasks for the Regierungspräsident regularly includes:
- General state administration: Execution of state administrative activities in areas such as internal affairs, social affairs, economy, education, environment, construction, health, agriculture, and transport.
- Functional supervision: Review of legality and expediency of municipal and district administrations within the district, as well as exercise of service supervision over certain subordinate offices.
- Legal supervision: Monitoring compliance with laws and regulations by subordinate bodies and authorities, especially in the area of municipal law and public law.
- Approval authority: Competence for large-scale or particularly significant public projects, such as environmental (emission control) procedures, nature conservation projects, or infrastructure measures pursuant to federal and state law.
- Coordination and crisis management: Coordination of state measures in the event of disasters or particular hazard situations within the Regierungsbezirk.
- Implementation of funding programs: Execution and approval of state and federal funds at the regional level, e.g., subsidies in the field of education, nature conservation, or structural support.
Binding to instructions and autonomy
The Regierungspräsident acts within the framework of applicable laws and is generally subject to the technical and service supervision of the competent ministry. Nevertheless, the Regierungspräsident has his own scope of discretion (“Ermessen”), especially in areas subject to individual case assessment. In contrast to the municipality, he does not represent an elected body of citizens, but acts as part of the state executive.
Legal control and remedies
Supervision by the state government and parliament
The activities of the Regierungspräsident are accountable to the state government. They are subject to political and statutory oversight, and, in the event of breaches of official duties or legal requirements, may result in disciplinary action. Parliamentary bodies (such as the interior committee) may also request information and accountability.
Judicial legal protection
Measures taken by the Regierungspräsident, especially administrative acts, can be subject to judicial review. Legal protection procedures against the Regierungspräsident are directed, depending on the matter, to the competent administrative court, sometimes to the social or financial court (e.g. in funding approvals or supervisory measures). In particular, municipalities can seek municipal constitutional dispute resolution (§ 40 VwGO). Employees or civil servants are subject to administrative legal protection under the Administrative Court Code (VwGO) or civil service law.
Classification and organizational affiliation
Position within the administration
The Regierungspräsidenten are heads of the regional authorities, which as intermediate administrative levels are part of the state administration’s organizational structure (three-tier administrative structure: Highest state authorities – upper state authorities/regional authorities – lower state authorities/districts/cities). There is no direct equivalent at the federal level.
Distinction from other heads of authorities
In contrast to Minister Presidents, ministers, or mayors, the Regierungspräsident is not an elected mandate holder or political office holder, but a civil servant of state administration. The direction of his activities is governed by legal job assignments and instructions given by the supervisory authority.
Differences nationwide
The role and tasks of the Regierungspräsident vary by state:
- In Bavaria the official holder bears the designation Regierungspräsident of a government (regional authority); in North Rhine-Westphalia he heads the regional authority; in Baden-Württemberg and Hesse the function description is identical.
- In some federal states (e.g., Schleswig-Holstein, Saarland, Bremen, Mecklenburg-Western Pomerania) the intermediate authority level no longer exists, so the office of Regierungspräsident has been abolished there.
- The regional authorities in North Rhine-Westphalia are divided into five, in Bavaria into seven, and in Baden-Württemberg into four large administrative districts.
Literature references and sources
- Law on the Regierungsbezirk [respective federal state, e.g. Law on the Organization of State Administration in North Rhine-Westphalia (Landesorganisationsgesetz NRW)]
- Administrative Procedure Act [respective federal state]
- Municipal Constitution Act [respective federal state]
- Basic Law for the Federal Republic of Germany (Art. 30, 83 et seq.)
- [Diverse Kommentare und Handbücher zur Landes- und Kommunalverwaltung]
Summary
The Regierungspräsident represents a central component of state administration in those German federal states that have a three-tier authority structure. His duties and powers are comprehensively regulated by state law. As the highest state civil servant in the Regierungsbezirk, the Regierungspräsident performs a range of administrative tasks, acts as a link between the state government and local level, and controls the legality and appropriateness of administration within his district. Despite state-specific differences, the core structures of the function are clearly defined by law, anchoring the Regierungspräsident as the central organ of the intermediate level of state administration.
Frequently asked questions
What legal requirements must be met for the appointment of a Regierungspräsident?
The appointment of a Regierungspräsident is made according to the statutory provisions of the respective federal states of Germany, as the regional authorities or Regierungspräsidien are institutions of the states. In principle, most states require that the Regierungspräsident must be a tenured civil servant of the higher service and have many years of professional experience in public service. The appointment is generally carried out by the Minister President or the competent minister. The legal basis for this is the civil service laws and the respective state administration law. Formal requirements are set out in § 24 Civil Service Status Act (BeamtStG), supplemented by specific state regulations. In addition, according to the principle of professional civil service under Art. 33 (2) GG, only Germans within the meaning of the Basic Law and generally only those who commit to the liberal democratic basic order may be appointed. The appointment is made by means of a formal letter of appointment, which establishes the legal status as Regierungspräsident.
How is the legal status of the Regierungspräsident regulated within the state administration?
The legal status of the Regierungspräsident arises from the respective state laws on regional authorities or the Regierungspräsidium. The Regierungspräsident is situated as the highest superior and authority head of an intermediate authority between the state ministry and lower administrative authorities. He exercises service and technical supervision over the employees of his authority and is directly subordinate to the specialized ministry. His tasks and powers are stipulated in the State Organization Act or the law on the organization of the regional authority (e.g., §§ 1 et seq. ORG NRW). He also receives instructions from the responsible specialized ministry, but is not a member of the state government. His powers include independent decision-making authority in specific, statutorily assigned matters as well as the duty to implement executive requirements.
What legal instruments are available to the Regierungspräsident to fulfill his duties?
The Regierungspräsident has various legal instruments to perform his duties: He can issue administrative acts in his own name (such as notifications, orders, approvals) and has the right to exercise technical and service supervision over subordinate authorities. He is also empowered to take specific regulatory measures, for example, when executing police and public order law. The exact powers and procedures for enforcement and orders are regulated by the respective state law. Additionally, he is responsible for legal supervision of municipalities and other public law entities at the district level; within this supervision he may issue orders, raise objections, or arrange substitute performances, as permitted by law.
In which cases is the Regierungspräsident personally or officially liable within the scope of his office?
The personal liability of the Regierungspräsident is governed by civil service law and general regulations on official liability (§ 839 BGB in conjunction with Art. 34 GG). In principle, the Regierungspräsident is not personally liable for official acts; rather, the state is liable for damages resulting from unlawful official acts (“official liability”). Personal liability only arises in cases of intent or gross negligence. Disciplinary responsibility may arise if breaches of official duty occur, as examined under the state’s disciplinary law. Criminal liability may also apply if an official criminal offense is committed.
How can decisions of a Regierungspräsident be challenged?
Legal remedies against decisions of the Regierungspräsident can be filed in accordance with the provisions of the Administrative Court Code (VwGO), in particular by objection and lawsuit. In some states, a preliminary procedure (objection procedure) is mandatory, in others an action can be brought directly before the administrative court. Remedies and deadlines are governed by state and federal administrative procedure laws; the deadline for objections is often one month after notification of the administrative act. In addition, affected parties have the option of applying for provisional legal protection before the administrative court in urgent cases (§§ 80, 80a VwGO).
Is the Regierungspräsident subject to parliamentary oversight?
Formally, as a civil servant of the state executive (not of the state government itself), the Regierungspräsident is not a direct subject of parliamentary oversight in the sense of political accountability to the parliament. Supervision is primarily conducted through the competent state minister, to whom the Regierungspräsident is subordinate by instruction. Parliamentary oversight can, however, be exercised indirectly through parliamentary questions, committees, or investigations, in which case the Regierungspräsident is obliged to provide information. The legal basis for this is provided by the state constitutions and the rules of procedure of the state parliaments.
Which legal provisions regulate the dismissal or transfer of a Regierungspräsident?
The dismissal or transfer of a Regierungspräsident is governed by the civil service provisions of the respective state, in particular the Civil Service Status Act (BeamtStG) and the respective state civil service law. Removal from office can only occur for serious reasons (such as serious breaches of duty via disciplinary proceedings). A transfer is lawful under the general provisions for a change in position if official or organizational reasons exist, but the welfare and hearing obligations pursuant to § 28 BeamtStG must be observed. Dismissal of a Regierungspräsident appointed for a fixed term follows separate statutory rules (for example, upon expiration of the term), whereas lifelong civil servants can only be dismissed within narrow statutory limits.
Is there a legal age limit for the office of Regierungspräsident?
Yes, as with all tenured civil service offices, there is a statutory age limit for the office of Regierungspräsident, according to the civil service laws of the individual states. This age limit is usually between 65 and 67 years, depending on the respective state regulation. Once the statutory retirement age is reached, the Regierungspräsident generally retires, but under certain circumstances and by special decision, he may remain in office for a limited period, if required for official reasons and if permitted by law (§ 25 BeamtStG or corresponding state provisions).
