Definition and legal classification of the local council
The term local council refers in Germany to a municipal body at the level of municipalities, which in certain federal states serves as a representative body for a district or locality within a municipality. Depending on the respective state law, the local council assumes various tasks of self-administration, participation, and representation of local interests. The legal foundations for the formation, composition, responsibilities, and working methods of the local council are essentially regulated in the municipal constitutions of the federal states.
Legal foundations and statutory regulations
Anchoring in state law
The existence and configuration of local councils are not regulated uniformly nationwide, but are determined by the respective state law. In particular, in Lower Saxony (§§ 90 ff. Lower Saxony Municipal Constitution Act – NKomVG), Schleswig-Holstein (Municipal Code), Hesse, or Saxony-Anhalt, there are specific regulations. In other federal states, so-called local advisory councils or district assemblies may be used instead of local councils.
Example: Lower Saxony
In Lower Saxony, §§ 90 ff. NKomVG regulate the formation of local councils, their election, composition, and responsibilities. According to the law, municipalities may establish local councils for individual districts, consisting of local council members who elect a local mayor or mayoress from among themselves.
Establishment and election
The decision to establish local councils is made by the municipal council. The legally binding basis is a corresponding municipal council resolution, which defines the concrete formation and demarcation of the districts. The members of the local councils are generally elected in general, direct, free, equal, and secret elections, usually for a term of five years.
Responsibilities and powers of the local council
Mandatory and voluntary competencies
By law, the local council may be assigned both mandatory and voluntary tasks. In particular, the following competencies typically fall within the scope of a local council:
- Right to be consulted and to make proposals: In many matters, such as planning, investments, or measures affecting the district, the local council must be heard and may make recommendations or give opinions.
- Decision-making and participatory rights: For certain matters, such as the maintenance of facilities or traffic regulations in the district, the local council may make its own decisions, provided this is established by statute or council resolution.
- Material and personnel co-determination: In the appointment to posts or public offices affecting the district, the local council may possess a participatory right.
Financial resources
To fulfil their responsibilities, local councils are often allocated a budget by the municipality, referred to as the local council budget or “allocation for local disposal”. The administration of these funds is carried out independently within the framework of the municipal code and according to the budgetary law.
Composition and organization
Size and composition of the local council
The number of members of a local council varies depending on the size of the district and the provisions of the respective principal statutes. Typically, the local council consists of an odd number of mandate holders who are appointed either directly or through electoral proposals at the district level.
Election and position of the local mayor
The local council elects from among its members a chairperson known as the local mayor (or local mayoress). This person represents the district externally, prepares meetings, and implements resolutions of the local council. The legal status of the local mayor is also governed by state law; often, he or she participates in meetings of the municipal council in an advisory capacity or with limited voting rights, insofar as district-related matters are being discussed.
Distinction from other municipal committees
Local councils are not administrative authorities, but rather parliamentary bodies. They differ from other institutions at the lower municipal level, such as:
- district assemblies in independent cities of larger federal states
- city district advisory councils in larger cities
- local advisory councils, which in some federal states take on the corresponding function
The respective rights, obligations, and participation are determined by the municipal main statutes and the specific structure of the state law.
Rights and obligations of local council members
Members of a local council possess extensive rights to information, consultation, and petitions. In the exercise of their mandate, they are independent and bound only by their conscience and applicable law. Members benefit from special protection of their voluntary service, receive an expense allowance, and are subject to the principles of confidentiality, conflict of interest, and representation of interests, as set out in the respective municipal constitutions.
Relevance and importance of the local council
Local councils contribute to democratic participation and proximity to citizens. They enable greater consideration of locally specific concerns within the overall municipality and promote the identification of the population with their community. Through their binding involvement in municipal-political processes, local councils act as a link between residents and municipal administration, articulating, consolidating, and integrating the interests of their district into the decisions of the overall municipality.
Literature and further information
- Lower Saxony Municipal Constitution Act (NKomVG), §§ 90 ff.
- Municipal constitutions of the individual federal states (e.g., Municipal Constitution Act for Saxony-Anhalt / Brandenburg / Hesse)
- Handbook of Municipal Politics, Municipal Community Office for Administrative Management (KGSt)
- Municipal statutes and publications of municipal and city associations
Note: The exact structure, scope of authority, and election of the local council can vary between federal states and municipalities and should be reviewed on the basis of the locally applicable principal statutes as well as the relevant municipal constitutional law.
Frequently Asked Questions
What legal requirements must be met for the establishment of a local council?
The legal requirements for the establishment of a local council are derived from the respective municipal constitutions of the German federal states, in particular the municipal codes (e.g., § 90 NKomVG in Lower Saxony). In principle, a local council can only be established for spatially defined parts of a municipality that are recognized as a locality. The establishment, composition, responsibilities, and rights of the local council must be legally fixed by a principal statute of the respective municipality or town. Furthermore, provisions regarding the election period, minimum number of members, and regulations to ensure representative democratic legitimacy are necessary. The scope of competence and decision-making powers of a local council is legally limited and clearly regulated by the principal statute and legal provisions. The establishment of a local council can also depend on certain requirements, such as a minimum number of inhabitants or the presence of local political interest.
What legal powers and responsibilities does a local council have?
The powers and duties of a local council are conclusively regulated in German municipal law and specified by the respective municipal codes or principal statutes. Basically, the local council generally has an advisory and in some cases also a decision-making function within its area of responsibility. Typical duties include participation in the maintenance and equipment of public facilities, local events, or the development of local matters. However, decisions on budgetary resources are generally not made independently by the local council—its influence is rather exercised through rights to propose and submit applications. The exact competencies may vary according to the municipal code and principal statute; higher-level municipal bodies can especially retain final decision-making rights in budgetary and personnel matters. The central legal principle remains that the local council must not possess any powers beyond those assigned by law and statute.
What is the legal relationship between local council and municipal council?
The legal relationship between the local council and the municipal council is characterized by a clear delineation of responsibilities and powers. The municipal council remains the highest decision-making body of the municipality, while the local council is only assigned certain tasks, mainly limited to the district and allocated by statute. The local council may submit proposals and make statements within its area of responsibility but is subject to the legal supervision and ultimate control of the municipal council. In matters affecting only the locality, the principal statute may assign decision-making powers to the local council, but always within the boundaries of legal permissibility. In cases of doubt or jurisdictional disputes, judicial clarification between the municipal council and local council may be required. Thus, the relationship is characterized by subsidiarity, but also a clear hierarchy, with ultimate responsibility always remaining with the municipal council.
What legal requirements exist regarding the election and term of office of local council members?
The legal basis for the election and term of office of local council members is provided by the local electoral law of the respective federal state and the municipal code. Typically, members of the local council are elected for the duration of the municipal council’s electoral term in general, direct, free, equal, and secret elections by eligible residents of the locality. The exact number of members is determined in the principal statute and may depend on the size of the locality. Eligible to vote and stand for election are usually all citizens who are also eligible to vote for the municipal council. The term of office ends with the conclusion of the electoral term, with re-election possible. In the event that a member leaves during the term, the local electoral law provides for specific succession rules.
What legal means of judicial review are available against the local council?
Legal oversight of the activities of the local council is ensured by several instances as required by law. Initially, the local council is subject to the supervision of the municipal council, which checks compliance with legal and statutory requirements and may annul or amend decisions of the local council where necessary. In addition, the municipal supervisory authority, as the state oversight body, may object to or annul unlawful resolutions. Members of the local council or citizens may, under certain conditions, file legal remedies, such as applications for the declaration of unlawfulness of resolutions. For fundamental legal disputes, the administrative courts are available, so that decisions of the local council can be legally reviewed by administrative courts.
What legal limits apply to the delegation of responsibilities to the local council?
The transfer of responsibilities to the local council is only legally permissible to the extent provided for by the municipal code and principal statute. By law, the local council may only be entrusted with tasks that directly affect the locality concerned and for which no mandatory decision by the municipal council is required. The scope and manner of delegation must be specified in the principal statute, whereby so-called mandatory tasks of the municipality (e.g., budget, personnel, high-level administrative decisions) may generally not be delegated. In addition, in accordance with the rule of law, it must be ensured that the local council does not assume independent sovereign powers, but acts within the legally assigned boundaries. Any delegation that goes beyond these limits would be legally invalid and could be formally challenged or suspended.
To what extent are resolutions of the local council legally binding?
Whether and to what extent resolutions of the local council are legally binding depends on the statutory and official assignment of responsibilities. Resolutions passed within the framework of the matters assigned to the local council and whose decision-making authority has been explicitly established by the principal statute are binding on the administration and the municipal council, unless superior law or higher-level decisions conflict. In all other cases, resolutions of the local council are advisory or recommendatory and serve the formation of opinion and participation within the municipality. Comprehensive legal binding force is therefore only created within the scope of legally permissible and statutorily assigned tasks, while outside this scope only a right of initiative, proposal, or participation exists.
