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Title:

Legal determination of municipal cooperation in Germany

Creator:

Miemiec, Marcin

Subject and Keywords:

legal forms of municipal cooperation   municipal cooperation   municipal law in Germany

Abstract:

German municipal law is constituted in such a way as to allow municipalities to develop the ability to independently perform public duties entrusted to them. However, this principle is not always feasible. Despite carrying out significant territorial reforms, both in the old and new federal states, in Germany there are still many ‘weak’ municipalities that have not been abolished due to the lackof social acceptance. In addition, performance of some tasks requires involvement of a larger number of municipalities, regardless of their production capacities. Under such circumstances, municipal German law provides for a possibility of a number of organizational and functional forms of municipal cooperation aiming at carrying out their tasks. The municipal cooperation is of voluntary or compulsory character and involves other municipal and non-municipal entities as well as public and private ones. Legal regulation of the local government in Germany falls within the competence of federal states. Each federal state has its own, separate municipal law. This also applies to municipal cooperation, which is basically regulated by separate, national acts. In order to enable municipal cooperation among different countries, in compliance with art. 30 and art. 70 of the federal constitution, federal states conclude bilateral agreements, having the legal validity of the acts. These agreements specify acceptable legal forms of cross-border cooperation among municipalities and refer to the national law applicable in the adopted forms of cooperation. Additionally, they also appoint competent authorities of the federal state, which are responsible for governing supervisory matters.

Place of publishing:

Wrocław

Publisher:

E-Wydawnictwo. Prawnicza i Ekonomiczna Biblioteka Cyfrowa. Wydział Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego

Contributor:

Kusiak-Winter, Renata. Red.   Blicharz, Jolanta. Rec.   Uniwersytet Wrocławski

Date issued:

2015

Detailed Type:

ebook

Format:

application/pdf

Identifier:

ISBN 978-83-65431-02-8

Language:

ger   pol

Relation:

(Prace Naukowe Wydziału Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego)   (E-Monografie ; nr 70)

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Access rights:

The use of this material is allowed only with accordance of applicable rules of fair use or other exceptions provided by law, and any broader use requires the permission of the authorized entity

License:

Making materials available on the basis of the agreement with the owner of the property copyrights

Rights holder:

Copyright by Marcin Miemiec