Concept and nature of self-administration
The term self-administration refers to an organizational principle in which groups, corporations, or institutions within a superior political or state framework are authorized to regulate their own affairs independently and on their own responsibility. Self-administration is particularly a central element of public law and represents an alternative to complete state central administration. It enables institutional entities to perform public tasks with their own bodies and under state supervision.
Basic principles of self-administration
Self-administration is characterized by the following features:
- Right to manage own affairs: Self-administration entities are entitled to independently perform certain tasks.
- Own bodies: The organization is effected by elected or appointed bodies, which are accountable to the members or affected parties.
- State legal oversight: State control is usually limited to compliance with laws (legal oversight), and does not generally involve content-related supervision (specialist oversight).
- Autonomy to enact statutes: Self-administrative bodies may enact their own regulations (statutes) within the legally granted framework.
Types of self-administration
Municipal self-administration
Municipal self-administration is the most prominent example in Germany and Europe. It is constitutionally guaranteed and applies especially to municipalities and municipal associations. Municipal self-administration grants municipalities the right to manage all matters of the local community on their own responsibility (§ 28 Basic Law).Typical areas of responsibility:
- Organization of administration
- Planning and execution of construction projects
- Provision of public facilities (for example, schools, libraries)
- Issuance of municipal statutes and fee schedules
Legal framework
Article 28 (2) Basic Law guarantees municipalities and municipal associations self-administration. The respective state constitutions and municipal laws specify the scope and design of self-administration, as well as the permissible instruments of state supervision.
Corporate (indirect) self-administration
In addition to municipal self-administration, there is what is known as indirect self-administration, which is conferred on public law corporations. Examples include social insurance providers, universities, chambers of commerce and industry, or chambers of crafts.Essential aspects:
- Assignment of certain public responsibilities
- Membership can be compulsory (e.g. in professional associations)
- Organizational structure with independent bodies (e.g. assembly, board of directors)
- Right to issue statutes within the boundaries of the law
Social insurance providers
German social insurance providers (e.g. statutory health, pension, accident insurance) perform their duties as self-administration bodies. Organs such as representative assemblies and executive boards are composed on a parity basis and manage their respective tasks within the legal framework.
Self-administration in constitutional law
According to Article 28 (2) of the Basic Law, self-administration is part of the federal order and therefore a constitutionally guaranteed principle. This secures self-administration bodies’ independent standing vis-à-vis the state. Their subject-specific legal status is manifested by:
- Organizational autonomy: Self-administration units determine their own management and representative organs.
- Financial responsibility: Endowment with their own financial resources through the collection of contributions, fees, or taxes (especially at the municipal level).
- Legal protection: Self-administration bodies are entitled to assert violations of their rights in court.
Distinction between self-administration, self-determination, and autonomy
A distinction is to be made between self-administration, self-determination, and autonomy. While self-determination describes the right of the individual or collective to free development and autonomy marks comprehensive independence, self-administration refers to the scope for action within a superior organizational framework under continuing state legal oversight.
Self-administration in other areas of law
University self-administration
Universities in many German federal states have self-administration rights. They organize research and teaching independently, elect organs such as the senate or rectorate, enact statutes and manage their own budgets within the framework of state requirements.
Self-administration in social insurance
Statutory social insurance in Germany (health, pension, accident, long-term care, and unemployment insurance) is organized as a self-administration body. The insured persons, employers, and service providers independently participate in the management of the insurance funds through committees.
Professional self-administration
Many professional associations, such as chambers of physicians, chambers of lawyers, or chambers of crafts, are organized as public law corporations and oblige their members to regulate professional matters through autonomous regulatory policies and self-control.
Self-administration in the European Union
Another area of application is self-administration within the European Union, for example in the context of regional authorities or certain administrative units that independently assume public administration responsibilities.
State supervision and limits
Although self-administration grants a high degree of independence, the state remains responsible for legal oversight. Administrative intervention through technical directives is generally excluded unless explicitly permitted by law. In cases of violation of legal duties, the state may order substitute performance or, in serious cases, dissolve self-administration bodies.
Limits of self-administration
Strict statutory restrictions, supervisory powers, financial controls, and catalogues of duties limit the autonomy of self-administration entities and ensure a balance between self-responsibility and state oversight.
Significance and function of self-administration
Self-administration strengthens democratic participation through citizen-oriented decisions, increases administrative efficiency through knowledge of and proximity to local and specific needs, and contributes to decentralization of state responsibilities. It is a defining element of constitutional democracies and central to the modern understanding of public administration.
Related terms: Municipal law, public corporation, legal oversight, autonomy to enact statutes, public administration, social security system
Frequently asked questions
To what extent is self-administration anchored in the German legal system?
Self-administration is anchored in the German legal system, in particular through the Basic Law (Grundgesetz, GG). Article 28 (2) GG is key here, guaranteeing municipalities the right to self-administration. This right includes the independent administration of all affairs of the local community within the framework of the law. This covers, among other things, organization, personnel authority, financial authority, as well as the right to enact their own statutes. In addition, various special statutes—for example, the Social Security Code (SGB) for social insurance providers or the Higher Education Act for universities—regulate specific forms and limits of self-administration. Case law, especially that of the Federal Constitutional Court, has repeatedly emphasized that self-administration is a fundamental pillar of the democratic rule of law and that its restriction is only permissible on the basis of the law and in accordance with the principle of proportionality.
What types of self-administration are recognized in German law?
German law basically distinguishes several types of self-administration: municipal self-administration (e.g. cities and municipalities), professional self-administration (e.g. chambers of physicians, chambers of lawyers), and functional self-administration (e.g. social insurance providers such as health insurers). While municipal self-administration is particularly protected by the Basic Law, professional and functional self-administration usually derive from special statutes. They all share the feature that tasks which would otherwise be performed by state authorities are transferred to legally independent organizations, enabling them to form their own will.
Under what circumstances may the state intervene in self-administration?
The state may only intervene in self-administration exceptionally and under strict conditions. Such intervention always occurs on the basis of a formal law that must clearly regulate the authority of intervention. Interventions are only permissible when overriding interests of the public good make this absolutely necessary or when the affected self-administration organization does not properly fulfill its tasks (so-called substitute performance). The principle of proportionality and adequate participatory rights of the affected corporation must be respected. The Federal Constitutional Court monitors whether state interventions respect the self-responsibility and freedom of decision of self-administration.
How is the legality of decisions made by self-administration bodies reviewed?
Decisions taken by self-administration bodies are subject to judicial review, primarily by administrative courts. Affected citizens or enterprises can lodge objections to measures or omissions by self-administration bodies and subsequently file a lawsuit. The courts examine whether the self-administration body exercised its discretion appropriately, complied with procedural rules, and observed the legal limits. Owing to the right of self-administration, the bodies are granted a broad margin of discretion, so judicial review is limited to legality and does not extend to the merits of decisions.
What co-determination rights exist for members of a self-administration entity?
Co-determination rights within self-administration depend on the respective form of organization and the applicable legal provisions. In municipal self-administration, co-determination primarily occurs through elected bodies such as the municipal or city council. In professional bodies, there are elected representative assemblies or delegates’ meetings, in which members can exert direct or indirect influence on decisions. Frequently, there are also means of direct participation, such as referendums and citizens’ decisions as provided by the municipal laws of the federal states. The right to self-administration also obliges the bodies to transparency and proper participation of their members.
What is the significance of self-administration for federalism in Germany?
Self-administration represents an essential supplement and expression of the federal system in Germany. It contributes to horizontal separation of powers by allowing tasks to be performed on the municipal, state, or federal level independently and at a distance from the state. This relieves governmental authorities, promotes democratic participation, and enables citizen-oriented administration. Especially in the area of municipalities, self-administration is an expression of the subsidiarity principle, which prescribes that tasks should be performed at the lowest possible level.
What special features apply to the financing of self-administration bodies?
The financing of self-administration bodies is a core area of their own responsibility and includes the right to generate their own revenue (e.g. through contributions, fees, or local taxes), as well as the right to decide for themselves how their resources are used. In the context of municipal self-administration, the Basic Law guarantees municipalities the right to their own, needs-based financial management (Art. 28 (2) Basic Law). In addition, the funding arrangements are specifically detailed in relevant special statutory provisions, for example in social law for health insurance funds or in the statutes and relevant state laws for professional bodies. Financial supervision by state authorities is only permissible within strict limits and primarily as legal oversight.
