Germany
Germany is a federal state composed of the federal and the regional tier. Municipalities (Gemeinden), cities (Städte) and counties (Landkreise/Kreise) are a constitutional part of the regions (Länder).
CEMR in Germany – Association of the Council of European Municipalities and Regions (www.rgre.de), Association of German Cities Germany (www.staedtetag.de), German County Association (www.landkreistag.de), German Association of Towns and Municipalities (www.dstgb.de).
Local governments
The local council (Gemeinderat) is the municipality’s central body. It is elected by direct universal suffrage for a mandate that can vary from four to six years. The local council is the legislative organ and makes most of the decisions, whilst at the same time having a monitoring and controlling function vis-à-vis the mayor and local administration.
There are two types of local structures in Germany, depending on the region’s municipal code (Gemeindeordnung): the magistrate system (Magistratsverfassung) and the council system (Süddeutsche Ratsverfassung).
There are two types of local structures in Germany, depending on the region’s municipal code (Gemeindeordnung): the magistrate system (Magistratsverfassung) and the council system (Süddeutsche Ratsverfassung).
The council system exists in all German regions except for Hessen. According to the council system, the local council is elected by direct universal suffrage for five years. The mayor (Bürgermeister) is also elected by direct universal suffrage for a mandate that can vary from four to nine years, which also applies to Hessen. The mayor chairs the local council and heads the municipal administration.
The magistrate system only exists in one region (Hessen). In this system, the executive branch is composed of the mayor and his/her deputies (Magistrate). These are civil servants appointed by the local council for a mandate that generally lasts four years. The magistrate represents the municipality, is in charge of the daily local administration and implements local council decisions.
The aforementioned competences are examples of the mandatory competences of local authorities in Germany. There also exists a number of optional competences, notably in the fields of energy, economic development, infrastructure, culture, sports, migration and integration.
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- Urban planning
- Municipal taxation
- Public security and order
- Municipal roads
- Public transport
- Water supply and waste water management
- Flood control and management
- Fire fighting
- Social aid and youth
- Child care
- Housing
- Building and maintenance of schools
- Cemeteries
Intermediary governments
The county assembly (Kreistag) is made up of members elected by direct universal suffrage for a mandate that can vary from five to six years, depending on the region. It is the county’s legislative body.
The county office (Landratsamt) is the county’s executive body and is composed of civil servants recruited by the county or by the region.
The county president (Landrat) is elected either by the county assembly (Baden-Württemberg/ Schleswig-Holstein) or by direct universal suffrage. He/she is a civil servant elected for a period that varies from five to eight years and chairs the county assembly.
County-free cities (kreisefreie Städte) are cities that simultaneously perform the tasks of municipalities belonging to a county as well as the tasks of the counties. County-free cities are generally those cities in the respective Länder that have the most inhabitants.
The aforementioned competences are examples of the mandatory competences of county authorities. There also exists a number of optional competences, notably in the fields of culture, economy, tourism, as well as building and managing libraries.
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- Construction and maintenance of intermediary roads
- Social services and youth
- Care for elderly
- Maintenance of schools
- Child care facilities
- Collection and disposal of household waste
- Rescue service
- Food safety
- Protection of nature and environment
- Foreign affairs (twinning and cross border partnerships)
- Disaster management
- Public transport
- Maintenance of cultural facilities, e.g. museums, music schools
- Health care: The health authorities are located in the counties. The traditional tasks of the public health service at the county office include epidemic surveillance, youth dental care, school examinations, social counselling and the issuing of medical certificates. New additions are environmental medicine, health promotion and prevention, epidemiology and health reporting.
Regional governments
The parliament (Landtag) is the region’s legislative body. It consists of members elected by direct universal suffrage for a four-year mandate. It elects the minister-president of the region.
The government (Landesregierung) is the executive body of the region. It is elected by the parliament for a four-year mandate. It elects the minister-president.
The minister-president (Ministerpräsident) chairs the government. He/she has the exclusive power to designate and dismiss the ministers of the region.
This differs for the three city-states Berlin, Bremen and Hamburg, where the House of Representatives (Abgeordnetenhaus) or Citizens’ Assembly (Bürgerschaft) is the legislative, the Senate of the City (Senat) is the executive and the Mayor (Bürgermeister) is the governing chair.
Regional competences are shared with the central government in the fields of justice, social policy, civil law, criminal law and labour law.
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- Legislation
- Public administration
- Police
- Homeland security
- Taxation
- Justice
- Culture
- University education
- Education
- Environment
- Legal supervision of local self-government