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» Economics » Local legislation » Topics begins with L » Law-making sovereignty

Page modified: Tuesday, July 12, 2011 23:48:58

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. "ยง 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:

Obligation 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).

Caused obligation statutes

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.

Freiwillige statutes

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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