Local government of Germany

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There are five levels of government^[1] in Germany. The local government means the lowest two levels. The levels are all legally independent political levels. This means that each level has a job to do in running the country, and is recognised in the German constitution, the Grundgesetz. The levels can only be reorganised if they agree and if it does not give too much power to a higher level.

The five levels are:

The European Union, which can makes laws that the other levels must execute (make sure are carried out;
The Federation or national government. The national government handles defence and foreign affairs, but can also set standards for all states to keep when doing there job. The federation also gives money to poorer states to help them meet those standards and to become as rich as the other states;
The sixteen Länder. The states organize local government in their area, but cannot abolish it. Local government is guaranteed by the constitution and the federal government;
The rural districts or counties (Landkreise) and the urban districts or independent towns;
The towns and municipalities, which are parts of a district or perhaps suburbs of an urban district.

Some states have regierungsbezirke which are a group of counties and cities in an area to help run certain tasks across the area.

Other states have Amt which is a collection of municipalities in a district usually because the municipalities themselves are too small to run many services

Regierungsbezirke and Ämte are not guaranteed by the constitution, they are a way of helping the various levels of government to do their job.

1 Subsidiarity
- 1.1 Transferred tasks
2 Running local government
3 See Also
4 References

[change] Subsidiarity

The idea of subsidiarity means that government jobs should be done by the lowest possible level.

There are two types of tasks (jobs) for a municipality. "Voluntary" which a town or municipality can do if it wants, and "mandatory" or things which must be done because of a federal or state law.

Setting up a theatre, a museum, a sports field or a meeting hall is a voluntary task. If the municipality can afford to set these things up, the Land cannot stop them. Also the Land cannot order the municiaplity to set these things up.

The mandatory self-government tasks are things which a municipality must do itself, or must arrange to be done on its behalf. For example one of the most important jobs of any local council is to providing the citizens with water, electricity, district heating, gas as well as wastewater services and waste removal.

A council could run its own waterworks or join with others to share a larger facility. Modern electricity supply means that a council does not have to run their own power station anymore. But they must help private companies get the electricity supply to local houses and factories.

[change] Transferred tasks

Although the Federation or state might have the right to control some things, the idea of subsidiarity means that they are administered (carried out) at the lowest possible level. For example marriage ceremonies and issuing birth and death certificates are arranged by the town registrar, the Federation and the Land arrange legal and expert supervision so that the task is done properly and is the same across Germany.

Other transferred tasks include:

General security
Nationality, registration, passport affairs
Registrar's office and civil status
Commercial affairs
Construction matters
Health care, veterinary affairs
Road traffic
Registration of vehicles and vehicle taxation, (national and state laws say which cars can be registered, but local offices do the actual work)
Water legislation and land cultivation
running Federal and Land parliamentary elections (roughly each district or kreis is a federal constituency, so voter registration and counting could be done by the district, but there are also larger Land based constituencies, so susidiarity make the Land the smallest possible level to handle counting)
Social security affairs, youth care. Social security rates are set by the federal government, but paid out by municipal authorities.
Protection and maintenance of historical monuments
Statistics
Forestry and fisheries. ^[1]

[change] Running local government

Who runs the town or district government depends on where in Germany the town is.^[1]

[change] Magistrat system

The town council, or town council meeting is responsible for all jobs not given to the magistrat. The magistrat is the executive responsible for administering services. It is chosen by the town council, and can have both professional and honorary members. The mayor is head of the magistrat, but not of the town council meeting. The mayor is chosen separately by the people not the council. the system is only used in Hesse. It is the oldest system, and the only system where a group of elected people are responsible for the administration, instead of just one, the mayor.^[2]

[change] Mayoral system

The mayor is head of the council and the administration.

[change] North German system

Power is split between the Mayor and the town clerk. The Mayor has some functions, but day to day administration is done by the professional town clerk.

[change] South German system

Used in Bavaria and the old eastern länder. The mayor is elected by the people, and he heads the council and the town government. The council is responsible for nearly all decisions. Some deision are taken by the mayor. The council can give some its tasks to the mayor, but in that case they cannot change the mayor's decision.