German Association of Towns and Municipalities
Definition and Legal Classification
Der German Association of Towns and Municipalities (DStGB) is a leading municipal association at the federal level that represents the interests of cities and municipalities in Germany vis-à-vis the Bundestag, Federal Government, Bundesrat, European Union, as well as other public and private institutions. The organization is structured as a private law corporation but operates in cooperation with numerous other municipal associations and plays a central role within the federal system of the Federal Republic of Germany.
Legal Foundations and Structure
Legal Form and Bodies
The German Association of Towns and Municipalities is a registered association (e.V.) in accordance with the German Civil Code (BGB). Its activities are based on a statute, which is adopted and amended by the member associations. Essentially, the organs of the DStGB are:
- General Assembly (highest decision-making organ)
- Presidium
- Main Committee
- Management
These structures ensure extensive democratic participation of all member associations at the federal level in the process of forming opinions and representing interests.
Membership and Association
Membership in the German Association of Towns and Municipalities is open to state associations of cities, municipalities, and municipal associations. Thus, the association indirectly represents over 11,000 cities and municipalities in all 16 federal states. Individual cities or municipalities cannot be direct members; representation of interests occurs exclusively through the respective municipal state associations as collective members.
Tasks and Functions
Representation of Municipal Interests
The primary task of the DStGB is to comprehensively represent the interests of municipalities in legislation and administration at the federal and EU level. This includes participation in hearings, submitting statements, initiatives and proposals, as well as conducting dialogue with parliament, the executive branch, industry, and other associations.
Norm-setting Procedures and Influence
Within the framework of federal legislation, the German Association of Towns and Municipalities has the right to comment on draft laws and regulations that affect municipal self-government or the interests of municipalities. In particular, its participation relates to laws from the following areas:
- Municipal Law
- Budgetary and Financial Law
- Construction, Planning, and Environmental Law
- Public Local Passenger Transport
- Social and Regulatory Law
The DStGB is regularly consulted by federal bodies through formal participation procedures or informal coordination. The extent of its influence depends substantially on the respective political constellation and the relevance of the issue for municipalities.
German Association of Towns and Municipalities in the Context of the Basic Law and Federalism
Municipal Self-Government under the Basic Law
Article 28(2) of the Basic Law (GG) guarantees cities and municipalities the right to self-government in all matters of the local community. The German Association of Towns and Municipalities sees itself as an instrument for collectively perceiving and enforcing this fundamental right at the federal and European levels. For this purpose, it ensures communication and coordination among municipalities as well as with the federal government, states, and international organizations.
Federal Government, States, Municipalities: Exchange and Cooperation
Within the federal system, the DStGB is particularly a link between the municipal level and the federal government. It also coordinates with other leading municipal associations, such as the German Association of Cities and the German County Association, to jointly represent municipal interests and unify various positions, especially within committees such as the Federal Working Group of leading municipal associations.
Financing and Legal Supervision
Contributions and Financing
The German Association of Towns and Municipalities is primarily financed through membership fees from the affiliated state associations. The amount of the contributions depends on the population of the district-affiliated and district-free cities, municipalities, and municipal associations represented by the state associations.
Supervision and Accountability
As a registered association, the DStGB is subject to the provisions of the BGB and thus to the regulations regarding association management, accounting, and changes to the statutes. There are also reporting obligations to the members as well as the obligation to report and disclose relevant resolutions.
Relationship with Other Leading Municipal Associations
Alongside the German Association of Towns and Municipalities, other significant advocacy groups exist at the municipal level, such as the German Association of Cities and the German County Association. The distinction lies in the scope of representation: while the Association of Towns and Municipalities primarily represents smaller and medium-sized towns as well as municipalities (including many district-affiliated municipalities), the Association of Cities represents district-free cities, and the County Association represents counties.
Participation in National and European Bodies
The German Association of Towns and Municipalities is represented in numerous national and European working groups, committees, and associations (e.g., Council of European Municipalities and Regions – CEMR) and influences the development of directives and laws. European integration and EU policy are thus shaped taking municipal concerns into account, as the Association ensures attention to local self-government.
Significance and Impact on the Development of Municipal Law
The joint representation of interests organized by the DStGB often leads to greater consideration of municipal concerns in federal law. This is particularly significant in the areas of municipal finance, planning sovereignty, and public services (e.g., waste management, water supply, public transport).
Summary
The German Association of Towns and Municipalities is a central, legally capable association at the municipal level in Germany. Based on its statutes, it represents the interests of cities and municipalities at the federal and EU level within the political system of the Federal Republic. It contributes to safeguarding and developing municipal self-government in accordance with Article 28 GG and plays a key role in legislative procedures and in coordinating the practical relevance of new regulations for municipalities.
See also
- Basic Law for the Federal Republic of Germany (Art. 28 GG)
- Leading Municipal Associations in Germany
- German Association of Cities
- German County Association
Literature
- Statutes of the German Association of Towns and Municipalities (available on the DStGB website)
- Commentary on Municipal Constitutional Law (various editors)
- Foundational Works on Municipal Law
Frequently Asked Questions
What is the legal basis of the German Association of Towns and Municipalities?
The legal basis of the German Association of Towns and Municipalities (DStGB) derives primarily from association law under the German Civil Code (BGB), especially the provisions governing registered associations (§§ 21 ff. BGB). The DStGB is a voluntary association of leading municipal associations at the federal level and has the legal form of a registered association (e.V.). As an umbrella organization, it is subject to statutory autonomy, meaning internal organization, membership, tasks, and will formation are regulated by statutes adopted by the general assembly. Furthermore, the activities and tasks of the DStGB are not of a sovereign, but rather of an association-policy nature. There is no public law recognition or specific statutory basis at the federal level for its activities; however, the member associations themselves frequently have sovereign tasks under the respective municipality codes of the states. The DStGB serves as an advocacy association within the constitutionally guaranteed framework of municipal self-government and, in accordance with Art. 28(2) of the Basic Law (GG), holds particular importance with regard to the protection of municipal rights.
What is the legal position of the German Association of Towns and Municipalities in relation to the federal government, states, and other municipal associations?
The German Association of Towns and Municipalities, as a voluntary association, acts as a leading association of municipal self-government and represents the interests of its members at the federal level. Legally, it does not have the status of a public law corporation, so its role in relation to the federal and state governments is purely representative or advisory, especially in legislative procedures, hearings, or other participation processes. The DStGB is often granted the right to be heard, especially in matters affecting municipalities, but lawmakers and the executive are not legally bound to consider its statements. Within the federal structure, it forms an important interface between municipal and state government levels, but does not perform any regular administrative tasks. When working with other municipal associations, the DStGB acts in coordination or distinction according to the topic, with cooperation agreed via legally non-binding cooperation agreements.
What tasks and powers does the German Association of Towns and Municipalities possess on a legal basis?
The tasks of the German Association of Towns and Municipalities arise from its statutes and consist solely of representing the interests of its municipal members at the federal level. In legal terms, this includes in particular advising members on municipal and administrative law issues, representing municipal interests to the federal government, states, European institutions, and other public or private bodies. It also has the right to submit statements, write expert opinions, and comment on draft legislation. It does not have actual powers in the true sense, i.e., sovereign powers or the right to issue binding instructions for its members, except for internal association provisions under its statutes (e.g., contribution assessments, disciplinary measures, etc.). Participation in commissions, advisory boards, working groups, or hearings is exclusively advisory in nature.
To what extent is the German Association of Towns and Municipalities authorized to issue binding instructions to its members?
The German Association of Towns and Municipalities can only issue instructions to its members based on its statutes and the association rules codified therein. Unlike public law corporations, it lacks sovereign powers to issue instructions; it therefore cannot issue legally binding orders with external effect. The members have joined voluntarily and are therefore only subject to internal instructions, resolutions, or contribution assessments adopted by the DStGB organs (e.g., general assembly, presidium). These internal resolutions are of a private law nature and have effect only within the association. They do not create rights or obligations for third parties and can be judicially reviewed under association law if necessary.
What legal significance do statements and recommendations of the German Association of Towns and Municipalities have?
Statements and recommendations of the German Association of Towns and Municipalities do not have immediate legal binding effect, but rather constitute expert assessments and expressions of interests. They are incorporated into the decision-making processes of the federal government, states, or European institutions, particularly during legislative procedures as required by the participation mandate under § 47(3) of the Rules of Procedure of the Bundestag (GO BT), but at most acquire an advisory quality. The recipients, such as parliaments or ministries, are not obliged to implement them in practice. Within member municipalities, recommendations from the DStGB may have an orienting effect and influence administrative practice, however these documents do not have the legally binding force of direct regulatory authority.
Is the German Association of Towns and Municipalities subject to state supervision?
As a registered private law association, the German Association of Towns and Municipalities is not subject to specific public legal supervision as is the case for public law corporations. Supervision is limited to the general provisions of association law, especially oversight by the competent registry courts regarding compliance with the statutes and legal framework. Criminal or civil legal control remains unaffected; however, there is no supervision by municipal authorities or ministries. The only exceptions may arise in the context of specific funding relationships, where state authorities may acquire control rights under grant notices, but these are limited to particular individual cases.
