German Association of Cities: Legal Basis, Tasks, and Structure
Legal Status of the German Association of Cities
Legal Form and Organizational Structure
Der German Association of Cities (DST) is a voluntary association of independent cities and district-affiliated cities in Germany. Legally, the German Association of Cities is a non-legally competent association under German private law (§§ 21 et seq. German Civil Code – BGB). As such, the organization is not subject to the BGB association law for legally competent associations nor special regulations for public law corporations or institutions. The DST is based in Berlin, with an additional office in Cologne.
Membership is based on voluntary decisions by the respective cities. The DST is independent of parties and religious affiliations and acts as the leading municipal association exclusively at the federal level.
Articles of Association and Membership
The activities are based on the articles of association adopted by the DST articles of association. This document sets out the structure, tasks, membership requirements, bodies, administration, and procedures for decision-making and representation. Organizationally, the DST consists of the presidium, the main committee, the executive board, and various specialist committees. Membership is open to all independent cities and certain district-affiliated cities.
Amendments to the articles of association, contribution rules, and fundamental decisions are generally adopted by the main committee. The legal relationships between the DST and its members are constituted internally, mostly through constitutive and legal declarations of intent.
Tasks and Functions in the Legal System
Representation of Interests and Opinions
The DST is the key association for safeguarding and promoting the interests of German cities at the federal and European levels. Its most important tasks include representation of interests towards the federal government, the states, the European Union as well as other associations, parties, and the public.
Essential powers include the right to participate in legislative procedures (§ 2 paragraph 1 of the articles of association). The DST is regularly involved in projects affecting the scope of cities, following the respective consultation rules of federal ministries and the Bundestag. For this purpose, the association submits statements , which are often prepared by expert-supported working groups and specialist committees.
Municipal Constitutional Significance
The DST is an instrument of municipal right of self-government (Art. 28 para. 2 GG). It enables cities to bundle, represent, and enforce their interests in the process of legislation and application of the law. As the leading municipal association, the DST helps to safeguard the federal balance and the independent exercise of responsibilities by municipalities.
Within the multilateral association landscape, the DST, together with the German Association of Counties and the German Association of Cities and Municipalities, forms the central voice of municipalities at the federal level.
Legal Framework for Municipal Cooperation
With regard to cooperation with other leading municipal associations and public bodies, the DST is authorized to conclude public law agreements and work accords. Cooperation regularly takes place in legislative projects, statements, and Europe-wide issues of public services and municipal infrastructure.
Role in German Law and Participation in Legislation
Statutory Participation Rights
The DST participates in consultation and participation procedures of the federal ministries, the Bundestag, and the Bundesrat, as far as municipal legal norms are affected. This right of participation derives from the established practice of the federal government and specific rules of procedure. In this way, the DST is a recognized representative of public interests.
In the federal context, the DST acts as a contact for the states in state legal norm-setting projects.
Representation under European Law
The DST’s representation of interests extends to the level of the European Union. Here, it participates in consultation procedures, networks, and working groups of the European Commission. The DST brings municipal interests into European legislative processes and works closely with comparable associations from other countries.
Constitutional Significance of the German Association of Cities
Art. 28 para. 2 Basic Law and Right to Self-Government
The DST forms part of the constitutionally guaranteed right of self-government for municipalities. According to Art. 28 para. 2 GG municipalities have the right to self-organization; effective protection of these rights makes association in federations necessary and constitutionally protected. Recognition as a leading association nationwide is based on many years of practice and agreement between the federal government and municipalities.
Democratic Legitimacy and Transparency
The democratic legitimacy of the German Association of Cities is based on the democratic election of the representatives of the member cities. Transparency is ensured by public access to statements, reports, and meeting minutes.
Finances and Contribution Rules
Financing
The DST finances itself primarily through the contributions of member cities, the amount of which is determined by population and other factors specified in the contribution rules. Use of funds is subject to internal accountability and control mechanisms, which are reviewed by the association’s bodies.
Budgetary Position
As a non-legally competent association, the DST is not subject to public budget law; however, there is an internal obligation to self-regulate with regard to transparent management and accounting of funds.
Summary
The German Association of Cities is a nationally relevant leading municipal association with comprehensive legal, political, and organizational significance. Its legal status as a non-legally competent association, member-oriented organization, and central role in legislative procedures underline its still growing importance in the German legal system. As the voice and coordinating body of cities, the DST secures municipal interests at both federal and European levels, strengthens municipal self-government, and makes a significant contribution to federal and democratic legislation at all levels.
Frequently Asked Questions
What is the legal form of the German Association of Cities and what are the legal consequences?
The German Association of Cities is organized as a registered association (e.V.) under German association law. Its legal basis is the German Civil Code (BGB), especially §§ 21 et seq. BGB. Registration in the association register results in the German Association of Cities acting as a legal entity under private law with its own legal capacity. This means it can enter into contracts, acquire property, sue and be sued. Association members – primarily German cities – are not personally liable for the association’s obligations, but only with the association’s assets. In addition, the association is obliged to have proper articles of association and to hold regular general meetings where fundamental decisions are made. The German Association of Cities is politically active as a representative organization, but has no legislative or sovereign authority. Its decisions are therefore generally not official administrative acts in the legal sense, but constitute recommendations or opinions on which legislators or administrative bodies may rely.
Which legal foundations determine membership in the German Association of Cities?
Membership in the German Association of Cities is governed by its articles of association, which must comply with the legal requirements of the BGB for associations. As a rule, the requirement for membership is to be a city or independent city in Germany. The admission of new members, the rights and duties of members, and possible exclusion are regulated by the articles of association and are monitored by the association’s bodies. Legal remedies against admission or exclusion decisions are based on the articles of association and, if not definitively regulated there, on the general civil law provisions governing associations. Member cities remain legally independent, their rights and duties within the association exist alongside this.
What legal options for influence does the German Association of Cities have vis-à-vis the federal and state legislators?
The German Association of Cities is an interest group and thus has no statutory decision-making powers in the legislative process, but has extensive rights to be heard and participate. As a rule, the Association of Cities is consulted as an expert in projects affecting cities (§ 47 GGO Federal, comparable state regulations). From a rule of law perspective, this is part of the democratic principle and the principle of municipal self-government (Art. 28 para. 2 GG). The opinions given by the German Association of Cities are not legally binding for the legislator but have considerable factual weight. Participation is also possible at the level of European legislation if cities are affected.
In what ways does the German Association of Cities hold rights and obligations under public law?
As a registered association, the German Association of Cities is generally organized under private law, but in the course of its duties is often confronted with sovereign acts or public-law contracts. Public-law rights arise, for example, when the Association acts as a representative of third-party interests in planning approval procedures, legislative hearings, or administrative procedures. It may apply for certain public subsidies or assume functions in the context of administrative agreements. However, its role remains always that of an interest and representative body without its own official powers, unless otherwise provided for by special regulation.
How is the internal decision-making process of the German Association of Cities legally regulated?
Internal decision-making follows the requirements of the articles of association, which in turn must comply with the BGB framework for association organization. Typical association bodies are the general assembly as the supreme decision-making body, the executive board, and possibly additional bodies (presidium, committees). The articles of association determine how representatives of member cities are delegated and what voting weight decisions are made with. Resolutions of the bodies are internal declarations of intent, which, however, can become legally effective externally in the association’s name. Amendments to the articles of association or dissolution of the association often require qualified majorities in accordance with § 33 BGB.
Is the German Association of Cities subject to special supervision or regulation?
The German Association of Cities is primarily controlled by its own bodies as well as by the requirements of association law, particularly concerning transparency, compliance with the articles of association, accounting, and financial reporting. There is no state specialist or legal supervision as found with public law corporations. However, as a non-profit association, it is regularly required to fulfill the prerequisites for non-profit status under the Fiscal Code (§§ 51 et seq. AO). The responsible tax office is responsible for checking non-profit status and the proper use of funds.
What legal principles apply to the financing of the German Association of Cities?
Financing is based on the articles of association and approved budget regulations of the association. Typical sources of income are membership fees, grants, possibly project-related funding, and own resources. The obligation to pay contributions and their assessment must be regulated in the articles of association and are subject to the principle of equal treatment of members. All funds must be used in accordance with the articles of association; violations can lead to civil liability and the loss of non-profit status. Donations or grants are also subject to the relevant transparency and accountability requirements.
