The local autonomy covers the right of the municipality in Germany in its core to determine their affairs by statute if the laws regulate nothing else (e.g. see. "§ 7 exp. 1 Gemeindeordnung of North Rhine-Westphalia). The municipalities can issue public statutes in the own sphere of activity with an abstractly general regulation.
Differences become obligation statutes, conditioned obligation statutes and freiwillige statutes:
To the decree of obligation statutes the municipalities are obligated by law. Example: Main statute of a municipality, which supplements the regulations of the Gemeindeordnung (obligation from Gemeindeordnung).
To the decree of conditioned obligation statutes the municipalities are obligated, if a certain decision is to be made. Example: Only if the municipality wants to adopt a development plan, it must do this in form of a statute. If an own establishment is to be created, compellingly business regulations for the own establishment are to be adopted.
It is in all other respects released to the municipality in its sphere of activity whether it would like to regulate a certain range by statute. Example: The use of a public mechanism (swimming pool, theatre) can be regulated publicly by statute or under private law by general trading conditions. The municipality is to that extent free. This liberty is then reduced, as soon as the municipality a public task to a society under private law (GmbH) transfer. This cannot fall back then no more to the instrument of the statute.
See also: Local legislation
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» Large city circle-belonging
» Law-making sovereignty
» Less city
» Local administration federation
» Local authorities association
» Local autonomy
» Local council
» Local council (Austria)
» Local election right
» Local election right (Austria)
» Local election right (Hessen)
» Local election right (Lower Saxony)
» Local election right (North Rhine-Westphalia)
» Local enterprise
» Local enterprise
» Local federation of special kind
» Local financial adjustment
» Local financial autonomy
» Local legislation
» Local right
» Local task structure