Niemcy

Abstract

The institution of German local government was shaped in the process of reconstructions: uniting processes of the 19th century, the end of World War II, Germany’s division into occupational areas and uniting the two German countries in 1990. The structure of German public administration has been based on provisions of the Constitution of the Federal Republic of Germany instituted on the 23rd of May in 1949. According to constitutional regulatory records, division of competence between the federation and the union states is based on two equal assumptions: firstly, states authorities are subordinate to provisions of the federal level on all federal grounds; secondly, union states are provided with the power to influence their own shape and the right of free formation of state affairs, including local governments’ systems. Federal character of Germany makes public administration more complex than it is in union states. The normative position of the local government in the Federal Republic of Germany is compatible with general constitutional regulatory records, but also differential in the case of the political system. It is according to union law for self-governments’ systems to adjust their needs to specific local communities. It may be stated that in the Federal Republic of Germany there are the following stages of administration: lands, districts and municipalities. Lands have their own constitutions, they create their own law order within the areas that do not concern federal competence, and they have independent legislative, executive and judiciary authorities. Districts are supplementary to municipalities: they carry out all those tasks which are not technically possible to be carried out by municipalities. District’s system is differential and it depends on land. Municipalities are the basic unit of local government and, generally, they are responsible for basic tasks concerning local communities. Their political system is dependent on the internal law system of a land. Local governments in Germany are able to proceed with their tasks owing to their income (business activity taxes, property taxes, shares in income taxes). There are also additional sources of financing such as grants and subsidies received from the state’s budget. The Federal Republic of Germany is a perfect example of the multi-method process of creation of the local governments. Nevertheless, it is crucial for them to keep their obligations and to serve local communities.