Definition and Legal Status of the German Association of Towns and Municipalities (DStGB)
Der German Association of Towns and Municipalities (DStGB) is an association of city, municipal, and local government associations at the federal level. It functions as a leading municipal association and represents the interests of district-affiliated towns and municipalities, as well as inter-municipal collaborations, to the federal legislature, federal government, Bundestag, Bundesrat, and other national and European institutions. Legally, the DStGB is a registered association (§§ 21 ff. BGB) with its headquarters in Berlin and a branch office in Brussels.
Legal Form and Organization
Legal Form under the German Civil Code (BGB)
Legally, the German Association of Towns and Municipalities is a registered association within the meaning of §§ 21 ff. BGB. By being entered in the register of associations, the DStGB acquires its legal capacity. This allows participation in legal transactions and enables it to act as an independent entity. The articles of association regulate organization, membership, powers of representation, as well as internal committees and decision-making mechanisms.
Statutes and Organs
The legal foundations of the DStGB are stipulated in its statutes. The central organs of the association include:
- General Assembly: Decision-making body for fundamental decisions
- Presidium: Management, day-to-day operations, and preparation of decisions
- President und Chief Executive Officer: Statutory representatives of the association
The actions of the association’s organs are subject to the provisions of the BGB, the statutes, and corresponding rules of procedure.
Membership and Structure
Members and their Legal Relationships
Members of the DStGB are predominantly regional town and municipal associations from the federal states. Individual municipalities cannot belong directly to the DStGB but are indirect members via their respective state associations. Membership is based on civil law contracts, entailing obligations for contribution payments and adherence to the association’s requirements.
Composition of Membership
The association represents around 11,000 towns and municipalities, which are distributed across the respective municipal state associations. The legal relationships between members and the DStGB are governed by association law, in particular § 38 BGB (entry and exit; termination modalities).
Scope of Tasks and Legal Powers
Tasks according to the Articles of Association
According to its statutes, the DStGB’s task is to represent the interests of district-affiliated towns and municipalities at the federal and EU level, and to protect and strengthen municipal self-government. The core duties include:
- Preservation, promotion, and advancement of common concerns
- Coordination of municipal interest representation
- Issuing opinions on legislative initiatives
- Representation in national and international bodies
Legal Possibilities and Limits
As a private-law association, the DStGB has no sovereign powers. Neither the association nor its officeholders may issue administrative acts or bind municipalities. The association’s activities are limited to:
- Public relations work
- Advising members
- Issuing joint statements
The effect of resolutions and recommendations is binding only within the organizational association towards members, but not externally towards third parties.
Participation in the Legislative Process
In the context of the legislative process at federal level, the DStGB is regularly heard as the representative of municipal interests by the Bundestag, Bundesrat, or Federal Government (§§ 47, 90 GO BT, Art. 77 GG). However, it has no own right of initiative, but participates in an advisory and explanatory capacity.
Relationship with Other Leading Municipal Associations
Overview of Leading Associations
In addition to the DStGB, there are also the German Association of Cities (DST) and the German County Association (DLT) as further leading municipal associations at the federal level. These are cooperatively connected through the ‘Working Group of Leading Municipal Associations’.
Legal Cooperation
The three leading associations collectively participate in legislative projects by submitting unified or coordinated statements. Legally independent, they coordinate their activities on an advisory basis, without any internal binding effect (no association within an association).
Financing Principles
Contribution System
The DStGB is primarily financed through membership contributions, which are paid by the state associations on a contractual basis. Further details are set out in the contribution rules, the determination and adjustment of which are made in accordance with the statutes by the general assembly.
Legal Supervision
As a non-profit association, the DStGB is subject to auditing by the tax authorities as to the proper use of funds (§§ 51 ff. AO), compliance with the statutes, and association law. The general assembly monitors management through accountability and granting discharge.
Relationship with State and Administration
Status as a Non-Governmental Actor
The DStGB is organized purely under private law and is therefore not a public-law corporation. Membership in the association is voluntary and is governed by the provisions of private law.
Recognition as an Interest Representative
Regardless of its private-law structure, the DStGB is recognized by long-standing administrative practice and due to its membership structure as the primary representative body for district-affiliated municipalities at federal level. Its participation in legislative processes is regularly institutionalized.
European Legal Aspects
Work at European Level
With its own representation in Brussels, the DStGB influences European legislation and funding programs. As a member of the Council of European Municipalities and Regions (CEMR), it maintains close contact with European institutions and leading municipal associations of other EU member states.
Legal Significance in the German Constitutional System
Municipal Self-Government
The DStGB plays a central role in safeguarding the guarantee of municipal self-government under Art. 28 (2) of the Basic Law. It acts as a mediator in conflicts of interest between the Federal Government, states, and municipalities, thus ensuring municipal participation in the federal state structure.
Participation Rights of Municipalities
Through the DStGB’s activities, the collective rights of municipalities to participate and be heard in legislative processes are upheld and articulated collectively.
Summary
The German Association of Towns and Municipalities, as a registered association with broad-based representation of the district-affiliated local authorities and their state associations at the federal and European levels, is of significant legal relevance. Its work is embedded within the system of leading municipal associations. Legally, it acts on the basis of association law, and is thus organized as a private legal entity with self-government. Its core function consists of advising, providing expert opinions, and collectively organizing municipal interests vis-à-vis governmental authorities, legislators, and international institutions. The DStGB is a crucial link in safeguarding municipal self-government and democratic participation in the federal state.
Frequently Asked Questions
What is the legal form of the German Association of Towns and Municipalities (DStGB)?
The German Association of Towns and Municipalities (DStGB) is a registered association under German law (§§ 21 ff. BGB) and thereby possesses the legal capacity of a legal entity under private law. Accordingly, the DStGB is entered in the register of associations and is subject to the provisions of the German Civil Code (BGB) regarding its formation, organization, membership, organs, and external representation. It acts in accordance with its statutes, which must comply with legal requirements, particularly concerning non-profit status and members’ self-government. Its organs – such as the presidium, main committee, and executive management – operate on a legal basis specified in the statutes, which regulate, among other things, the election procedures, distribution of tasks, and scheduling provisions.
Does the DStGB exercise sovereign powers, and what is its legal status vis-à-vis the federal government and the states?
The German Association of Towns and Municipalities does not exercise sovereign powers under German law and is not a public authority. The activities of the DStGB are essentially limited to representing and advising its members at the federal level. It acts solely as an advocacy group and communication platform for its municipal members, expressly safeguarding the legal independence of the affiliated cities and municipalities. It has neither the authority to make laws nor can it be delegated administrative powers by the federal government or the states. All DStGB statements, recommendations, and instructions have no direct legal effect on third parties or authorities.
What is the legal nature of membership in the DStGB?
Membership in the DStGB is voluntary and typically established by state associations of cities and municipalities, which themselves are legal entities. The statutes govern the requirements for acquiring and terminating membership, rights and obligations of members, as well as contribution regulations. Members are legally independent public-law corporations, which also applies to liability questions: The DStGB is generally not liable for legal transactions or other acts of its members unless expressly stipulated. Membership does not entail an obligation to adopt the association’s positions in individual cases, although it does result in fact in rights to participate and to receive information.
What legal provisions apply to decision-making within the DStGB?
Decision-making within the DStGB is subject to the statutory requirements of the articles of association and legal provisions regarding association organs and majorities (§ 32 BGB). Voting organs decide on motions, operational principles, and statements. The statutes generally provide for qualified or simple majorities, rules for duly convening meetings, quorum, and minute-taking. For the validity of resolutions, compliance with higher-ranking law and its own statutes is mandatory; violations can lead to nullity or contestability.
Is the DStGB subject to public supervision, and what legal controls apply?
As a private-law association, the DStGB is not subject to direct technical or legal supervision by public bodies. Supervision results primarily from the general provisions of association law (especially §§ 21 ff. BGB), its own statutes, and, where recognized as a non-profit, the provisions of the tax code (AO). The association’s organs monitor compliance with statutory requirements. Furthermore, oversight by the tax authorities concerns the use of funds, and the register court monitors material changes to the articles of association or representation.
What is the legal significance of the DStGB’s opinions and recommendations in legislative procedures?
Statements by the DStGB in legislative procedures are made in exercising the municipal rights to be heard and to participate under Art. 28 of the Basic Law and in accordance with the respective rules of procedure of the parliaments (in particular the Bundestag and Bundesrat). Although the recommendations and statements issued are legally non-binding, they hold significant political and communicative weight as expert opinions. They can influence the legislative process but are not legally binding on either the legislature or DStGB members. Whether to consider them is a matter of political will.
What liability provisions apply to the activities of the DStGB and its organs?
For the DStGB and its organs, the general law of associations applies regarding liability: Organs of the DStGB, such as the presidium or executive management, are liable for breaches of duty in connection with their activities pursuant to § 31 BGB or § 34 BGB (for tortious acts). In addition, liability under § 823 BGB may apply for tortious acts. The DStGB itself is liable, within the scope of its legal capacity, for all legal transactions and other legal acts undertaken in the name of the association by its organs and authorized representatives. The members are not generally liable for acts of the umbrella organization unless otherwise stipulated in the statutes or an individual agreement. In practice, contractual provisions often limit or transfer risks.
To what extent are resolutions and amendments to the DStGB’s statutes subject to judicial review?
Resolutions and amendments to the statutes are subject to judicial review by the ordinary courts in the context of association disputes, especially in cases of violations of the statutes, procedural errors, or violations of mandatory law (§§ 40, 242, 134 BGB). Members may challenge or bring declaratory actions against resolutions if their rights have been violated. Furthermore, amendments to the statutes must be entered in the register of associations, and the register court checks their compatibility with the law. Successful court decisions result in the nullity or invalidity of the resolutions in question.
