Concept and legal framework of the local advisory council
Der Local advisory council is a municipal representative body that can be established in Germany in cities and municipalities for individual districts, localities, or subdivisions. The legal structure of the local advisory council, its duties, composition, areas of responsibility, and election modalities are governed by the municipal constitutions of the federal states as well as the respective main statutes of the municipalities. The local advisory council serves as a link between the residents of a district and the main body of the municipality, in particular the municipal council or city council assembly.
Legal foundations of the local advisory council
Municipal legal foundations
The introduction and structuring of local advisory councils is carried out by the municipal constitutions of the individual federal states. The relevant provisions can be found, for example, in the municipal codes (GO) or municipal constitutions of the states, such as in § 74 ff. Hessian Municipal Code (HGO), § 45 ff. Municipal Code for Baden-Württemberg (GemO BaWü), or § 55 Saxon Municipal Code (SächsGemO). In the vast majority of federal states, municipalities are free to establish local districts and thus local advisory councils by a provision in their main statute.
Establishment by main statute
The actual establishment of a local advisory council is generally stipulated in the main statute of the respective municipality. The main statute determines in particular the boundaries of the local district, the number of members of the local advisory council, as well as details concerning its duties and authorities.
Duties and powers of the local advisory council
Participation and consultation rights
Local advisory councils typically have comprehensive participation and consultation rights. The municipal administration must inform them in a timely and comprehensive manner about matters affecting the respective local district. On important matters concerning the local district, the local advisory council must be given the opportunity to comment. The final decision, however, remains reserved to the competent body of the overall municipality.
Matters in which a hearing or involvement of the local advisory council is required include, for example:
- Planning and implementation of urban development measures in the local district
- Decisions regarding the maintenance and equipment of public facilities and amenities in the local district
- Questions of traffic planning
- Naming of streets and squares
The specific details of the powers may be detailed and expanded in the respective main statute.
Decision-making rights
In some cases, the main statute may grant local advisory councils their own decision-making powers. However, these rights relate exclusively to matters concerning the respective local district and are legally limited in scope. The transfer of such decision-making powers is optional and is usually confined to certain areas, such as the use of allocated budgetary funds for the local district or specific local matters.
Composition and election of the local advisory council
Number of members
The number of members of a local advisory council is set by the main statute of the respective municipality. It is generally based on the population of the relevant local district. Often, the local advisory council consists of between three and fifteen members.
Election and term of office
The members of the local advisory council are generally elected by the eligible voters of the respective local district by general, direct, free, equal, and secret ballot. The election modalities largely follow the regulations for election of the municipal representative body or the municipal council. The term of office of the members of the local advisory council often corresponds to that of the municipal representative bodies, but may vary depending on the municipal law applicable at the state level.
Chairperson – the local mayor
The local advisory council elects from among its members a chairperson, who often bears the title local mayor or female local mayor . This person represents the local district externally, chairs the meetings of the local advisory council, and serves as the contact person for the administration.
Legal status and legal boundaries
Binding effect and reviewability
The resolutions of the local advisory council are generally of a recommendatory nature, meaning they are not binding for the decision-making bodies of the municipality. However, the municipality must give due consideration to the recommendations and justify its decision if it wishes to deviate from them. The participation rights of the local advisory council cannot be restricted or revoked by the municipality as long as they are granted by law or by the main statute.
Duties and responsibilities
The members of the local advisory council are obligated to maintain confidentiality about all matters that become known to them by virtue of their activities on the body and whose confidential nature arises from statutory provisions or by instruction of the mayor.
Resignation, removal, succession
A member of the local advisory council leaves office due to expiration of term, resignation, death, or loss of eligibility. In addition, a member may be removed upon request by the majority of the body or on the initiative of the municipal representative body if there is an important reason (e.g., gross breach of duty). Succession is determined in accordance with the relevant electoral regulations, often by the next person on the list.
Relationship with other municipal bodies
The local advisory council maintains close interaction with the municipal council or the city council assembly. Its status is similar to that of an advisory board with defined competencies and rights. Especially regarding matters that exclusively affect its own district, the local advisory council has a special status within the municipality’s organizational structure.
Significance of the local advisory council in the context of municipal self-government
The local advisory council makes an important contribution to the democratic legitimacy of public decisions at the local level and promotes citizen-oriented administration through the direct involvement of residents in municipal politics. It expresses the right of municipal self-government and serves to protect and represent specific local interests, without dividing the municipality as a cohesive whole.
Differences from the Ortschaftsrat and other local bodies
While the term local advisory council is used synonymously in many federal states with Ortschaftsrat or advisory board for a local district, there are differences in certain states in terms of election, duties, and competencies. In particular, Ortschaftsräte, such as those existing in Baden-Württemberg or Saxony, sometimes have more extensive rights and are firmly anchored in the municipal code. The local advisory council, on the other hand, may be equipped with fewer decision-making powers; ultimately, the exact allocation and significance must always be determined based on the applicable municipal legal foundations.
Literature
- Municipal codes of the federal states
- Handbook of Municipal Law, Kopp/Scholz, latest edition
- Commentaries on HGO, GO NRW, GemO Baden-Württemberg
Web links
- German Association of Cities – Municipal Umbrella Organizations: Local Advisory Councils
- Information portal of the Federal Ministry of the Interior on municipal policy
Note: This article contains a comprehensive legal description and serves as an informational basis for the classification and assessment of the local advisory council in the municipal legal context of Germany. The content is current as of June 2024.
Frequently asked questions
Who can become a member of the local advisory council?
According to municipal legal provisions, only eligible voters of the respective locality may generally become members of a local advisory council. The exact requirements are governed by the municipal codes of the respective federal states. Often, persons who, at the time of the election, hold active and/or passive voting rights for municipal elections are eligible to run for a seat on the local advisory council. This usually includes a minimum age (e.g., 18 years), permanent residence in the relevant district, and legal exclusion from certain professional activities (e.g., civil servants directly involved with municipal administration). Persons who have lost their voting rights due to criminal conviction or are under guardianship are usually excluded from membership. Further restrictions may also be imposed by municipal statutes or special regulations.
What rights and duties does the local advisory council have?
The local advisory council in particular has, in a legal sense, a consultation and proposal right on matters concerning the respective locality. Depending on state law, the local advisory council may also be granted its own resolution right in matters determined by the main statute or municipal code. These typically include topics such as the development of the locality, maintenance of public green spaces, or cultural and social measures. The local advisory council is required to represent local interests, and may undertake initiatives, submit applications, make recommendations, and provide consulting activities. The public nature of sessions—and thus the right to public consultations and resolutions—is usually governed by municipal codes. Duties include, among others, participation in meetings, compliance with confidentiality obligations regarding confidential matters, as well as any obligations to participate in bodies established by the main statute or rules of procedure.
How is the local advisory council elected?
The election of local advisory council members generally takes place parallel to general municipal elections, according to the principles of general, direct, free, equal, and secret ballot. Depending on state law, either majority voting (candidate voting) or proportional representation (list voting) may apply. The relevant provisions are set out in the respective municipal code or supplementary municipal election laws. Individual federal states stipulate that the term of office of the local advisory council is aligned with the electoral term of the municipal representative body, so that regular new elections are held together. The voting procedure, for example regarding vote casting, seat allocation, and drawing up lists, follows the legal requirements. After the election, the legal validity of the election result is verified in formal promulgation procedures, including the possibility of lodging legal election objections.
How binding are decisions of the local advisory council?
The resolutions of the local advisory council are usually of a recommendatory or advisory nature, unless other rights are explicitly defined by the main statute or special statutory provisions. The respective representative body (municipal council, city council assembly) or the administration is obliged to include the decisions of the local advisory council in the decision-making process and, if they are not considered, to provide justification if necessary. In certain areas, the local advisory council may be granted independent resolution rights under municipal legal regulations (e.g., for matters relating to local community facilities). The binding effect always results from the interplay of the municipal code, main statute, and procedural rules of the respective municipality.
How are the financing and costs of local advisory councils regulated?
For the activities of local advisory councils, budgetary funds are generally provided in the municipal budget. The actual amount and specific allocation of these funds are subject to municipal budget planning and are determined by the respective main statute and special resolutions of the municipal council. In addition, members of the local advisory council may be entitled to attendance allowances or expense compensations according to the compensation statute of the municipality. The proper use of the provided funds is subject to the generally applicable budgetary principles of the municipalities and is regularly audited by the local auditing bodies.
How is cooperation between the local advisory council and the municipal representative body organized?
The municipal code provides for close cooperation between the municipal representative body, administration, and the local advisory council. The local advisory council must formally be consulted on certain matters affecting the locality; the administration is often even required to provide early and comprehensive information. Applications and decisions of the local advisory council must be submitted to the municipal representative body or the relevant committee or mayor. The concerns of the local advisory council are considered there and must be thoroughly discussed, and, in the event of rejection, be justified. The rules of procedure or the main statute regulate the detailed cooperation process, especially information flows, deadlines, and communication channels.
