Definition and legal classification of the Deutscher Landkreistag
Der Deutscher Landkreistag (DLT) is the umbrella association at the federal level that represents the interests of the 294 rural districts (Landkreise) in the Federal Republic of Germany. Its legal basis, organization, and functions are derived from federal and state regulations as well as the statutory provisions of association law.
Legal status and organizational structure
Legal nature and association law
The Deutscher Landkreistag is organized as a registered association in accordance with the provisions of the German Civil Code (§§ 21 et seq. BGB). It thereby acquires legal capacity as a legal entity under private law. Registration is carried out in the relevant association register in Berlin, as the association is based in Berlin.
Membership
Membership in the Deutscher Landkreistag is open to the Landkreistage (regional associations) of the federal states, which in turn send the respective rural districts. The individual districts are not direct members, but are members of the DLT via their state associations. The rights and obligations of the members are regulated in the association’s statutes. Membership fees, voting rights, and representation arrangements are determined by the rules of procedure and the statutes of the umbrella association.
Governing bodies and committees
The main bodies of the Deutscher Landkreistag are the General Assembly, the Presidium, the Main Committee, and the President. The statutes define the roles, composition, election modalities, and responsibilities of these bodies. The General Assembly, as the highest organ, adopts basic resolutions, for example on the election of the President, amendments to the statutes, and the establishment of programmatic guidelines.
Tasks and functions in the legal context
Advocacy and legislative procedures
The Deutscher Landkreistag acts for its members as a representative body vis-à-vis the Bundestag, the Federal Government, committees of the Bundesrat, and other associations at the national and European level. Its legal basis is, in particular, Article 28 (2) of the Basic Law (GG), which enshrines the guarantee of municipal self-government and includes the possibility for municipalities to have their interests represented by umbrella associations.
The association is regularly consulted in legislative procedures, especially regarding legislative projects affecting the municipal level. Participation in legislation is governed by § 87 GGO (Joint Rules of Procedure of the Federal Ministries) and is recognized as association participation.
Participation and consultation rights
As part of the state decision-making process and legislative procedures, the Deutscher Landkreistag has statutory rights to participate and be consulted. The Federal Government regularly involves it in consultation and opinion procedures. Additionally, the DLT participates in federal committees and, at the European level, in shaping legal acts, directives, and regulations to the extent that these impact rural districts.
Municipal self-government and its protection
Municipal self-government is constitutionally guaranteed, and the Deutscher Landkreistag sees itself as committed to preserving and promoting this for its members. In particular, it contributes to safeguarding the financial resources, administrative autonomy, and institutional capacity to act for the rural districts. Through statements, expert reports, and discussions with constitutional bodies, it works to ensure that the interests of the districts are also implemented in the law of state organization.
Legal bases and statutes
Statutes of the Deutscher Landkreistag
The statutes form the fundamental regulatory framework for the internal organization, distribution of tasks, and decision-making processes of the DLT. Among other things, they specify:
- Aims and tasks of the association
- Structure and working methods of the bodies
- Rules on membership, contributions, and elections
- Rights and obligations of member associations
Amendments to the statutes require a qualified majority, as determined in the statutes themselves.
Requirements under association law
By registering as an association, the DLT is bound by the provisions of the BGB for non-profit associations. It acts selflessly, does not pursue commercial interests, and uses association funds exclusively in accordance with its statutes.
Relationship to other entities and legal status in federalism
Cooperation with other municipal umbrella associations
The Deutscher Landkreistag works closely with other nationwide municipal umbrella associations such as the Deutscher Städtetag and the Deutscher Städte- und Gemeindebund. The legal basis for these cooperations is found in parity agreements and joint committees that coordinate statements, working groups, and projects.
Function in the German state system
Within the multi-level system of the Federal Republic of Germany, the Deutscher Landkreistag represents the district level vis-à-vis federal bodies. It also influences the federal financial framework, for example in negotiations on municipal financial equalization or the development of the ‘connexity principle’ in accordance with Art. 104a GG.
References to European law and international law
Engagement at the European level
The Deutscher Landkreistag is a member of the Council of European Municipalities and Regions (CEMR) and is represented at the European level, in particular, in the Committee of the Regions of the EU. Its engagement focuses especially on implementing the European Charter of Local Self-Government and bringing local interests into EU directives and regulations.
Involvement in international projects
As part of international cooperation, the DLT participates in projects in the areas of administrative modernization, public services, and cross-border cooperation, whose legal framework is defined by international treaties and EU law.
Summary
The Deutscher Landkreistag is an important, legally established association representing the rural districts at the federal and European levels. Its tasks and structures are defined by association law, the Basic Law, and its own statutory regulations. By means of its participation and consultation rights, the association exerts significant influence on the drafting and development of legislative projects affecting municipal self-government and is an indispensable part of the federal structure as well as the political and legal advocacy of the rural districts in Germany.
Literature and further legal sources
- Basic Law for the Federal Republic of Germany (GG), in particular Art. 28, Art. 104a
- German Civil Code (BGB), §§ 21 et seq.
- Joint Rules of Procedure of the Federal Ministries (GGO), § 87
- Statutes of the Deutscher Landkreistag (available on the association’s website)
- European Charter of Local Self-Government
Frequently Asked Questions
What legal form does the Deutscher Landkreistag have?
The Deutscher Landkreistag (DLT) is a municipal umbrella association organized as a registered association (e.V.). It acts in accordance with German association law, particularly the provisions of the German Civil Code (BGB) on registered associations (§§ 21 et seq. BGB). Membership in the DLT is open to rural districts and independent cities, which are organized through their respective state associations. The association’s statutes regulate internal structures, the rights and obligations of the members, which are based on transparency and collegial decision-making. Due to its status as a registered association, the DLT enjoys comprehensive legal capacity, which means it may hold rights and duties, act as a party in legal transactions, enter into contracts, and appear as either plaintiff or defendant in court.
Which legal foundations govern the work of the Deutscher Landkreistag?
The work of the Deutscher Landkreistag is based primarily on federal and state legal provisions for municipal umbrella associations as well as its own statutes. Of particular importance is Article 28 of the Basic Law (GG), which guarantees the self-government status of municipalities and gives them the right to manage their own affairs independently within the framework of the law. Municipal umbrella associations such as the DLT are involved in political decision-making processes through federal-state agreements and specific participation laws of the states. Furthermore, the DLT is regularly consulted on federal legislation when questions of municipal self-government are affected (see § 47 Rules of Procedure of the Bundestag for consultations and opinions).
What legal powers does the Deutscher Landkreistag have over its members?
The Deutscher Landkreistag does not possess direct instructional or enforcement authority over its members; rather, it sees itself as a representative, coordinating, and service body. Its powers are derived solely from its statutes and the delegation of tasks by its member associations. Formal decisions and recommendations by the DLT are generally not legally binding for members, but have an advisory and coordinating character. Decisions are only legally binding if the General Assembly or other statutory bodies resolve them within the framework of the association’s autonomy and provided these do not conflict with higher-ranking law.
What is the significance of the Deutscher Landkreistag in the legislative process?
Within the legislative process at federal level, the Deutscher Landkreistag, pursuant to § 47 of the Rules of Procedure of the German Bundestag, takes on an important role as one of the municipal umbrella associations involved by the federal and state governments in legislative procedures where the interests of rural districts are affected. Legally, this involves the right to be consulted and to give an opinion; it does not constitute a right to co-determination, but rather a right to participate. The results of this involvement can exert political influence but are not formally binding. The involvement of the DLT ensures that the interests of rural districts can be introduced early and appropriately into new laws or amendments to existing laws.
Can the Deutscher Landkreistag file lawsuits or be sued in court?
The legal capacity of the Deutscher Landkreistag as a registered association also includes the ability to bear rights and obligations as a legal entity and to bring or defend actions in its own name (§ 50 ZPO). Lawsuits may be filed in particular in connection with association interests, for example to ensure municipal self-government or in contractual disputes. However, the DLT cannot file lawsuits on behalf of its members (e.g., municipal lawsuits/constitutional complaints), but may only enforce its own rights. The general rules of civil procedure apply for representation in court proceedings.
What requirements exist for the financing and budgeting of the Deutscher Landkreistag?
The financing of the Deutscher Landkreistag is regulated by statute. It is primarily funded by membership dues from its member associations (the state associations of the rural districts). The contributions schedule is determined by the statutory bodies. As an association, the DLT is generally not subject to state budget and cash regulations but must nonetheless maintain a properly audited and organized budget in accordance with association law principles. Use of funds is restricted to fulfilling the statutory tasks (principle of non-profit status); surpluses must be used internally by the association. No state supervision occurs apart from the requirements of association law (for example, regarding registration or tax requirements).
Is the Deutscher Landkreistag subject to government supervision?
As a registered association, the Deutscher Landkreistag is only subject to association supervision according to §§ 21 et seq. BGB. There is no specific professional or municipal law supervision as exists for public law corporations. Supervision is limited to compliance with the statutes and with the provisions of association law. State interventions are only permitted where an express legal basis exists, for example in cases of violations of non-profit law, public safety and order, or association law. The DLT thus acts autonomously, but bears legal responsibility for complying with statutory and legal requirements in its activities.
