Hessian Gemeindeordnung: (Abk. HGO) from 1 April 1993 (GVBl. 1992 I P. 534)
The hessian Gemeindeordnung (HGO) is the legal basis for the structure of the local structures in Hessen as discharge of the autonomy warranty kind 28 exp. 2 sentence 1 GG. The HGO is the Gemeindeverfassung, it regulates the structure and course of business, competence, rights and obligations of the local organs such as administration, local council (town council), Gemeindevorstand (municipal authorities), mayor (mayor), local adviser, foreigner adviser etc. you is at the same time the basis of the local financial system and regulates the national supervision over the municipalities. The HGO is a "municipal authorities condition".
During the local council (town council) it concerns no parliament in the material sense. The local council is despite into the HGO elements put on of the division of power only one component of the administration. All local right (statutes etc.) is derived right. The local council does not have a direct legislation power. "§ 29 exp. formulate 1 HGO clear: "The citizens of the municipality participate by the choice of the local council and the mayor as well as by citizen decisions in the administration of the municipality."
Therefore a direct comparison of the local council and their arrangements (committees, parliamentary groups etc.) with those from parliaments is not possible in land days or in the Bundestag.
(in cities: Town council)
The local council is selected every 5 years by the inhabitant shank entitled to vote (= citizen) the municipality. The elections are personal (cumulating and Panaschieren). Each voter has so many voices, as representatives are to be selected, whom he can distribute on the applicants of a choice suggestion or different choice suggestions. It can in each case give up to three voices to applicants ("§ 1 exp. 4 local election law (KWG)). It is likewise possible to paint individual applicants. The choice takes place on one Sunday in the month March. The choice time begins on 1 April of the election year. The next local elections are in the year 2011.
The local council decides over the affairs of the municipality, as far as from this law nothing else results ("§ 50 exp. 1 sentence 1 HGO).
The local council can educate committees for the consultation and/or locking consultation (adoption of resolutions). The main and financial committee (HfA) is the only obligation committee of the municipality.
in cities: Municipal authorities
The Gemeindevorstand sits down together from for six years the directly selected mayor, that for special tasks by the local council for six years to selected members of the Gemeindevorstandes and the other members of the Gemeindevorstandes. With exception of the full-time members the Gemeindevorstand is selected by the local council for their legislative period. Usually the elections already take place in the constituent meeting of the local council. The term of office of the Gemeindevorstandes of the preceding electoral period ends only with the choice of the new Gemeindevorstandes ("§ 41 HGO: "Continuation of the office business").
|Gemeindevorstand||Municipal authorities||Municipal authorities|
|More assigned to||Town councillor (1)||Mayor (1)|
(1) also often with a technical term such as building town councillor, treasurer etc.
The number of the full-time members of the Gemeindevorstandes is to be specified in the main statute of the municipality. The number of the full-time members may not exceed the number of the honorary members of the Gemeindevorstandes.
The Gemeindevorstand winds the business of the administration according to the defaults of the local council in the context of the means the available off ("§ 66 exp. 1 sentence 1 HGO).
The Gemeindevorstand can educate commissions, that are subordinate to it for the continuing administration or supervision of individual divisions as well as for the completion of temporary orders. Commissions sit down from the mayor as to presiding, further members of the Gemeindevorstandes and the local council and, if necessary, from adept inhabitants together ("§ 72 HGO).
in large cities: Mayor
The mayor is selected directly by the inhabitants entitled to vote. The term of office amounts to 6 years.
Are available than 2 candidates and reach to no more of the candidates in the 1. Ballot the absolute majority, finds to two to three weeks after that 1. Ballot a ballot between the applicants with the largest number of votes instead of. Only if one candidate is available, is between "" to co-ordinate "NO" and "abstention".
The mayor prepares the resolutions of the Gemeindevorstands and converts her, as far as assigning to are not assigned ("§ 70 exp. 1 sentence 1 HGO). The "current administrative matters" are settled by it and/or the responsible assigning to ("§ 70 exp. 2 HGO).
The municipality can specify the formation of local districts with local advisers in its main statute ("§ 81 exp. 1 sentence 1 - 3 HGO). The chairman carries the title local chief selected by the committee. Its task is comparable in the small one to that of the chairman of the local council. He loads to the meetings in, leads these and signs minutes. It represents the local adviser outward, e.g. opposite the Gemeindevorstand, the local council and its committees.
The choice of the local advisers takes place parallel with the local elections every five years. The invitation for constituent meeting takes place via the past local chief. A local adviser for the first time furnished loads the mayor ("§ 82 (6) HGO).
In municipalities with more than 1,000 foreign inhabitants compellingly a foreigner adviser is to be furnished. Foreigners of age, who live for at least six months in the municipality, are entitled to vote. Besides are Germans entitled to vote, which acquired the German nationality in Germany. Thus former foreigners in Hessen have a larger influence on the administration of the municipality, than native German. The choice time amounts to five years.
Position, tasks, rights etc.
When representatives of the municipalities and cities function in Hessen the hessian one city and Districts organization as well as the hessian one city day, which during legislation projects of the country, which work into the municipalities, are belonged.
Municipalities also member are multiple in associations, which pursue either goals, which are in the interest of the municipality, on their decision making the municipality gladly influence to have would like or associations, which were initiated by the municipality, in order to achieve local goals.
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