Definition and Legal Classification of the Regierungspräsidium
The Regierungspräsidium is a regional state authority of the general administration in several German federal states, particularly in Baden-Württemberg, Hesse, and Saxony. In other states, comparable authorities are known as Bezirksregierung (district government), Bezirksverwaltung (district administration), or Landesdirektion (state directorate). The Regierungspräsidium serves as an intermediary between the state government’s ministries (higher authorities) and the lower administrative authorities such as counties and municipalities. The responsibilities, functions, and legal status of the Regierungspräsidium are regulated by the respective state law and consequently differ from one federal state to another.
History and Development
Historical Background
The establishment of Regierungspräsidien dates back to the 19th century. With the Prussian administrative reform of 1815, government districts and their administrations were created to ensure uniform execution of state administration. Following changes resulting from German federalism, various differentiated structures developed across the different federal states.
Development Since the 20th Century
While some federal states, such as Bavaria, retained the traditional Bezirksregierungen, other states reorganized these structures or temporarily abolished them. In Baden-Württemberg and Hesse, Regierungspräsidien continue to be a central component of the administrative structure as intermediary authorities.
Tasks and Responsibilities
Core Functions of the Regierungspräsidien
Regierungspräsidien perform numerous functions as part of the state intermediary tier. The main areas of responsibility can be divided as follows:
- Legal Supervision: Oversight of the lawfulness and expediency of the activities of subordinate offices and municipalities.
- Technical Supervision: Review of compliance with technical requirements from various ministries.
- Approval and Supervisory Authority: Decisions on permits and licenses in areas such as environmental law, construction law, water law, procedures under emission control law, as well as in social and health-related matters.
- Coordination and Management: Implementation and enforcement of state laws as well as federal laws with statewide impact.
- Hazard Prevention: Participation in hazard prevention, particularly in cases of disaster or special situations.
Allocation of Tasks by Departments
Regierungspräsidien are regularly organized into several departments, each dedicated to specific administrative areas, including:
- Internal Affairs and Municipal Affairs
- Economy, Labor, and Transport
- Environmental Protection, Nature Conservation, and Agriculture
- Construction and Planning Law
- Schools and Education
- Social Affairs and Health
The specific structure and allocation of responsibilities are detailed in the respective state’s organizational law or related regulations.
Organizational and Legal Status
Intermediary Authority within the Administrative System
Within Germany’s federal administrative system, the Regierungspräsidium serves as an intermediary authority between the highest state authorities (e.g., ministries) and the subordinate lower administrative authorities (e.g., counties). Thus, it acts as a hierarchical and functional link and mediates between the statewide execution of administration and local needs.
Binding Instructions and Self-Administration
Regierungspräsidien are generally subject to instructions from the ministries. They carry out tasks within their own scope of responsibility (their own matters) as well as within the delegated scope of responsibility (entrusted matters). The precise distinction is determined by the respective state law.
Legal Foundations
Statutory Regulations
The existence and responsibilities of the Regierungspräsidium are primarily regulated by the respective state organizational law, for example:
- Baden-Württemberg: Law on the Organization of Internal Administration (OrgG BW) and regulations relating to individual Regierungspräsidien
- Hesse: Hessian Administrative Organization Act (HVerwOrgG)
The concrete allocation of responsibilities is regularly determined by specialist laws, statutory instruments, and administrative regulations of the respective federal state.
Further Legal Foundations
In addition to state laws, federal legal provisions (such as the Federal Immission Control Act, Water Resources Act, or Building Code) function as rules for the transfer of tasks if their implementation falls under the responsibility of the Regierungspräsidien.
Legal Recourse and Oversight
Legal Protection against Measures of the Regierungspräsidium
Measures and decisions of the Regierungspräsidium are generally subject to judicial review by the administrative courts within the administrative court procedure. Details are provided in the Code of Administrative Court Procedure (VwGO), and the legal bases for claims arise from general and special administrative law.
Technical and Supervisory Oversight
Regierungspräsidien are subject to technical and supervisory oversight by the respective state ministries. The ministries can issue instructions and monitor the exercise of office by the presidiums.
Structure and Organization
Structure
Each Regierungspräsidium is headed by a president or a female president. Internal organization is divided into specialist departments and cross-sectional departments, each managed by a departmental head. Responsibility for tasks is defined by organizational charts and rules of procedure.
Personnel
Personnel consists of civil servants from various career tracks as well as salaried employees. The scope, qualifications, and composition are determined by the relevant civil service laws, salary laws, and collective agreements (such as TV-L).
Comparable Authorities in Other Federal States
In other German federal states, analogous authorities carry out the functions of a Regierungspräsidium under different names:
- Bezirksregierungen (e.g., in North Rhine-Westphalia, Bavaria)
- Landesdirektion (Saxony)
- Bezirksverwaltungen (formerly in Rhineland-Palatinate, now abolished)
The allocation of responsibilities and organizational structure largely follow the provisions specified in the relevant state law.
Literature and Further Information
For further information, the relevant state organizational laws, commentaries on administrative law, and the official websites of the respective Regierungspräsidien and ministries are recommended.
See also:
- Intermediary Authority
- Bezirksregierung
- Landesdirektion (Saxony)
- Administrative Structure of the Federal States
Legal Sources (Selection):
- Law on the Organization of Internal Administration in Baden-Württemberg (OrgG BW)
- Hessian Administrative Organization Act (HVerwOrgG)
- Code of Administrative Court Procedure (VwGO)
- Federal Immission Control Act (BImSchG)
- Water Resources Act (WHG)
Frequently Asked Questions
Which legal areas of responsibility are assigned to the Regierungspräsidium?
As an intermediary authority of the state administration in Germany, the Regierungspräsidium is responsible for implementing numerous state laws, federal laws, and EU directives. Legally, it serves as an intermediary between ministries at the state level and subordinate administrative authorities in cities and counties. The legal areas of responsibility include, for example, oversight of municipal administrative acts, approval or denial of projects under construction and environmental law, technical supervision in the education sector, and supervision in public health. The Regierungspräsidium also decides on objections and legal remedies within administrative procedures according to the Administrative Procedure Act (VwVfG) as well as specific legal regimes. In addition, numerous approval and licensing procedures (e.g., licensing under immission control law, nature conservation, plan approval according to administrative procedural law) fall within its remit.
In which administrative procedures is the Regierungspräsidium designated as the objection authority?
The Regierungspräsidium is designated as the objection authority by special statutory provisions or general administrative procedural law (especially § 73 VwGO) when legal remedies are lodged against administrative acts of lower administrative authorities (e.g., district offices or city administrations). Legally, the Regierungspräsidium, as the superior authority, reviews the lawfulness and appropriateness of the challenged administrative acts. It is required to thoroughly re-examine the entire case both factually and legally and, if necessary, issue a remedial decision or refer the case back to the original authority for further decision. The Regierungspräsidium frequently acts as the objection authority in construction, environmental, or commercial law.
What supervisory and control powers does the Regierungspräsidium have over municipal administrations?
The Regierungspräsidium exercises technical supervision as well as — if provided for in the relevant state law — legal supervision over cities, municipalities, and counties. Technical supervision involves checking for the correct and lawful application of special statutory provisions (e.g., School Act, Nature Conservation Act, Immission Control Law) in the execution of ordinary administrative tasks. Legal supervision ensures that municipal administrative acts and decisions are formally and substantively in accordance with applicable law. Its powers include, among other things, requesting information, issuing legal instructions, ordering the revocation or amendment of municipal decisions, and, in cases of breaches of duty, initiating substitute performance or threatening and enforcing coercive measures under administrative enforcement law.
Which legal foundations determine the organization and responsibilities of the Regierungspräsidien?
The organization and responsibilities of the Regierungspräsidium are determined by specific state laws, such as the administrative organizational acts of the individual federal states, rules of procedure, and the relevant sectoral laws (e.g., Administrative Procedure Act, Building Code, Immission Control Act). In addition—depending on the subject area—statutory instruments and administrative regulations govern specific areas of competence. The respective state constitutions and the Basic Law Part X are important for the classification of the Regierungspräsidien within the state organization. However, organization and scope of responsibilities vary depending on the federal state, since the structuring of intermediary authorities is the responsibility of the states in the federal system.
What legal remedies are available against decisions by the Regierungspräsidium?
The administrative court procedure is available to those affected by administrative acts or decisions of the Regierungspräsidium. Depending on the subject area, an objection (if the Regierungspräsidium is the initial authority, also an application for review or revocation according to § 48 or § 49 VwVfG) and, subsequently, an action before the administrative court is possible (§ 42 VwGO). In urgent cases, an application for interim relief under § 80 (5) or § 123 VwGO can be filed. For specific specialist laws, specialist courts (e.g., social court, finance court) may also have jurisdiction. Supervisory complaints against staff members of the Regierungspräsidium should be submitted directly to the authority’s management, but in principle do not constitute additional formal legal recourse within the meaning of the Code of Administrative Court Procedure.
What role does the Regierungspräsidium play in planning approval procedures?
The Regierungspräsidium regularly acts as the planning approval authority and is therefore legally responsible for conducting and deciding planning approval procedures under § 72 et seq. VwVfG or according to special provisions such as energy and specialist planning law. Legally, this means that the Regierungspräsidium reviews every legally significant issue relating to the project, weighs all public and private interests, and formally decides on the project by issuing a planning approval decision in an administrative procedure. Affected individuals and organizations are given the opportunity to exercise their rights in the procedure through participation rights, public disclosure, hearings, and legal remedies. The procedure often consolidates various approvals and permits (concentration effect) and replaces numerous individual permits.
Can the Regierungspräsidium issue instructions in the legal sense and how binding are they?
The Regierungspräsidium may, within the scope of its technical and legal supervision, issue instructions to subordinate authorities (in particular, district offices), provided this is explicitly stipulated by state law. Such instructions are legally binding insofar as they relate to compliance with laws and regulations. Technical supervisory instructions oblige subordinate authorities to implement specified measures or to refrain from unlawful acts. However, the binding effect of such instructions may be limited by judicial review in individual cases, for example, when discretionary powers exist (administrative margin of judgment). A distinction is made between general (universal) and case-specific instructions; the latter must be regulated in a legally sound, understandable, and proportionate manner in relation to the specific facts.
