Concept and legal nature of the Landschaftsverband
Ein Landschaftsverband is a special type of public-law corporation within the German administrative structure. Landschaftsverbände exist in particular in North Rhine-Westphalia and perform supra-local tasks in the area of municipal self-government. Their legal status and assigned responsibilities are anchored in state legislation and fall under municipal law. A Landschaftsverband performs tasks that exceed the capacity of individual districts and independent cities, often assuming sovereign functions with far-reaching effects for the community.
Legal basis and statutory anchoring
The primary basis for the existence and operation of the Landschaftsverbände is state law. In North Rhine-Westphalia, the Landschaftsverband Westfalen-Lippe (LWL) and the Landschaftsverband Rheinland (LVR) are governed by the “Gesetz über die Kommunalverbände” (GkV NRW) and the “Gesetz über den Landschaftsverband Rheinland,” as well as supplementary implementing regulations. The statutory basis is therefore specific and differs from other federal states, in which such associations do not exist or where other forms of supra-local cooperation are in place.
Landschaftsverbände are organized as public-law corporations pursuant to Art. 78 para. 1 of the North Rhine-Westphalia State Constitution. They are legally and organizationally separate from the member municipalities and districts, yet they perform their tasks in coordination with these local authorities.
Responsibilities and competences of the Landschaftsverbände
Mandatory and voluntary responsibilities
The most important responsibilities of the Landschaftsverbände are stipulated by law and can be divided into two categories:
- Mandatory responsibilities: These include supra-local responsibilities such as providing integration assistance for people with disabilities, youth welfare, monument preservation, psychiatric services, educational support for people with special needs, and tasks related to cultural preservation.
- Voluntary responsibilities: This includes supporting social, cultural, and community projects that supplement the mandatory tasks and improve the quality of life within the association’s territory. The assumption of voluntary tasks can be authorized or specifically defined by constitution or state law.
Assignment of additional responsibilities
In addition, Landschaftsverbände assume further responsibilities through statutory allocation at state level or through state treaties. These include, for instance, special responsibilities in the health sector, responsibility for museums, libraries, or other cultural institutions of supra-regional importance.
Organization and structure
Bodies of the Landschaftsverband
The internal organization of a Landschaftsverband is stipulated by law and typically consists of the following bodies:
- Landschaftsversammlung: The central decision-making body, comparable to the council of a municipality. Here, representativesof the member districts and cities are represented according to the principle of municipal democracy.
- Landschaftsausschuss: Prepares the decisions of the Landschaftsversammlung and is equipped with control and steering functions.
- Director of the Landschaftsverband: Heads the administration of the association and is responsible for implementing the decisions of the Landschaftsversammlung and for ongoing management.
The bodies are democratically legitimized, partly through direct election and partly through delegation by the municipal bodies of the member districts and cities.
Legal position of the members and representation
Membership in the Landschaftsverband is mandatory for the districts and independent cities by law. These entities send their representatives to the Landschaftsversammlung, with each municipality weighted according to its population in order to ensure appropriate democratic representation. The election and appointment of representatives are based on municipal electoral law and the main constitution of the respective association.
Financing and budget management
Umlage-based funding
The budget of the Landschaftsverbände is primarily financed through contributions (Umlagen) paid by the member districts and independent cities. The amount of the contribution is determined by statutory regulations and the budgetary needs of the respective association. At the same time, Landschaftsverbände receive grants from state funds as well as their own revenues from service charges, fees, and other sources of income.
Peculiarities of budget law
Landschaftsverbände are required to draw up, manage, and supervise their budgets in accordance with the principles of municipal financial management and to do so publicly. They are bound by the state’s budgetary regulations as well as specific provisions of the Landschaftsverband laws.
Auditing and control
Proper budgetary and economic management is monitored by internal and external bodies. Supra-local supervision lies with the respective municipal supervisory authority, in particular the State Audit Office and subordinate reviewing authorities.
Legal position within the self-government system
Relationship with the state and the municipalities
Landschaftsverbände, as supra-local municipal associations, occupy the intermediate level between municipalities/districts and the state. They possess own responsibility und guarantee of self-government within the scope of their statutory responsibilities, but are bound by the instructions of the state to the extent that state-delegated responsibilities are concerned. In the case of mandatory responsibilities, there is a direct legal obligation to fulfill these tasks.
Supervision and legal oversight
Legal supervision over the Landschaftsverbände is exercised by the state, in North Rhine-Westphalia for example by the Ministry for Home Affairs, Municipal Affairs, Building, and Gender Equality. The oversight is limited to legal supervision, meaning it only examines legality and not expediency of administrative actions (so-called “legal oversight”).
Historical development and significance
The Landschaftsverbände were established with the entry into force of the Prussian Provincial Ordinance from the 19th century as a link between local and state interests. The original aim was to transfer regional responsibilities to a larger organizational unit. Their significance has expanded considerably, particularly with municipal reforms and the expansion of welfare-state responsibilities. Today, Landschaftsverbände are important actors in providing social services, preserving culture, and carrying out tasks relevant to state policy.
Legal effects and significance for administrative law
Membership of municipalities in the Landschaftsverband is mandatory; withdrawal is not permitted. The legal effects of resolutions of the Landschaftsverbände apply directly to the member authorities and oblige them to make contributions and participate in the committees. Decisions of the Landschaftsverbände can be reviewed by administrative courts, particularly regarding the determination of contributions or in cases of disputes concerning mandatory tasks.
Literature references and further sources
- Landesgesetz über die Kommunalverbände in Nordrhein-Westfalen (GkV NRW)
- Landesgesetz über den Landschaftsverband Westfalen-Lippe (LWL Act)
- Landesgesetz über den Landschaftsverband Rheinland (LVR Act)
- Constitution of North Rhine-Westphalia
- Municipal constitutions and municipal budget law of North Rhine-Westphalia
- Commentary on municipal law NRW (e.g., Schnellenbach/Bühler)
Note: The legal structure and the performance of responsibilities of the Landschaftsverbände can be regulated differently under state law. The explanations mainly refer to the situation in North Rhine-Westphalia, as Landschaftsverbände in this form do not exist in other federal states.
Frequently asked questions
Which legal bases govern the work of the Landschaftsverbände?
The legal basis for the work of the Landschaftsverbände is above all anchored in the Act on Municipal Cooperation (GkG NRW) and, in particular, in the Landschaftsverband Act North Rhine-Westphalia (LVerbG NRW). These provisions define the responsibilities, organizational structure, financing, and supervision of the two Landschaftsverbände (LVR and LWL) in North Rhine-Westphalia. In addition, they specify the powers and composition of the association assembly and the responsibility for the fulfillment of tasks. The statutory regulations also govern budget law, the intervention rights of the state, and the legal control mechanisms to which the Landschaftsverbände are subject, such as municipal oversight and audit obligations by the State Audit Office. Furthermore, binding transparency and participation rights for municipalities as well as regulations on cooperation with other public-law bodies are stipulated. Data protection, staff representation rights, and public procurement regulations are also at least partially governed directly by law or by reference to generally applicable municipal legal provisions.
How are legal oversight and supervision of the Landschaftsverbände conducted?
The Landschaftsverbände are subject to several levels of control. Firstly, there is municipal supervision by the competent ministry of the state of North Rhine-Westphalia, which monitors the legality and efficiency of actions. This is based on § 13 ff. LVerbG NRW. Both proper task performance and compliance with budgetary requirements are regularly scrutinized. There is also an audit by the State Audit Office in accordance with the provisions of the state budget regulations. The association assembly, as the central self-government body, and the municipal representatives sent at the local level also internally supervise administrative actions. Legal recourse options also exist for member bodies under § 113(1) GO NRW if their rights are violated by acts of the Landschaftsverband.
What legal obligations do the members of the association assembly have?
The members of the association assembly are subject to the general civil servant and service law obligations of the NRW municipal constitution and specific provisions from the LVerbG NRW. These include, in particular, the duty of loyalty to the association, confidentiality obligations (§ 30 GO NRW), and obligation to participate in resolutions. Furthermore, a conflict of interest exists, whereby in cases of conflicting interests, a participation ban applies pursuant to § 31 GO NRW. Violations of these obligations may result in disciplinary and liability-related consequences. At the same time, mandate holders must ensure that resolutions comply with the law and statutes as well as budgetary requirements. Participation in meetings and diligent preparation are legal requirements.
In which cases are amendments to the articles of association of the Landschaftsverband necessary and what is the procedure?
Amendments to the articles of association are always necessary when organizational, task-related, or procedural provisions need to be changed, provided they are not conclusively regulated by law. Examples include regulations on the composition of the bodies, rules of procedure, regulations on budget management, or fees schedules. The amendment procedure is set out in § 7 LVerbG NRW in conjunction with the relevant municipal law provisions. An amendment to the articles of association regularly requires a majority of the members of the association assembly; the amendment must then be publicly announced and reported to the supervisory authority. For certain articles, the law may require a qualified majority or the approval of the supervisory authority.
What legal provisions apply to the financing and budget management of the Landschaftsverbände?
The financing of the Landschaftsverbände follows the provisions of §§ 16–18 LVerbG NRW, the NRW Municipal Code, and the state budget regulations. The associations are authorized to collect contributions from their member bodies, with the amount of the contribution calculated according to statutory keys, and they must ensure economically efficient use in accordance with budget regulations. Budget management is subject to detailed requirements: the principles of overall coverage, annuality, and frugality apply. The budget statute and plan are adopted by the association assembly and are subject to supervisory approval. Major investments and borrowing require approval. In addition, there are auditing obligations by the association’s own audit departments and the State Audit Office.
Who is responsible for the legal representation of the Landschaftsverband externally?
The legal representation of the Landschaftsverband is determined by § 9 LVerbG NRW or by the relevant statutes. As a rule, the director of the association (or the director in female form) is responsible for all transactions and for representation in and out of court. For important decisions, such as concluding contracts of significant financial scope, approval by the association assembly may be required. Internally, the authority to represent is specified in rules of procedure and other statutes. In legal proceedings against or by the Landschaftsverband, the administrative court with local jurisdiction is usually competent in the first instance.
