Samtgemeinde

A Samtgemeinde (from " Total ", "together " ) is a municipality in Lower Saxony Association, which performs certain public functions on behalf of its member communities. The member communities remain separate legal entities and also continue to run its own task circle itself responsible by. In Lower Saxony, the vast majority of municipalities have joined forces to joint communities: Of 1,008 municipalities are 722 member communities of collective municipalities (as of 30 June 2012).

Historical development

In the area of today's state of Lower Saxony has the interaction, or - in some cases - merger of local communities long tradition. The forms of cooperation were not initially centrally controlled and consequently varied. In particular, the associative total merger to municipalities on the basis of self- consistent real communities in the Osnabrück area is to be called, while developed the parishes to communities in the Oldenburg area. The first legal bases in the modern sense of the word developed in the 19th century, especially here the Revised Country Municipal Code of the Kingdom of Hanover from April 28, 1859, the regulations were valid even on the existence of the Kingdom until the time of National Socialism into it. The term Sammtgemeinde ( with double -m) was next to it already in use in the community - Regulations for the Prussian State on March 11, 1850, which was, however, been only three years in power.

The unclear legal situation after the war meant that the Lower Saxony legislature, determined by decree of the Lower Saxony Municipal Code (NGO ) of 4 March 1955 in § 138, Section 1: " The joint communities continue to exist ." The legal nature of the rights and obligations of the joint communities were henceforth governed by the NGO and since 2011 in the Lower Saxon Municipal Constitution Act ( NKomVG ).

Legal nature

The legislature intended to give smaller communities the opportunity to strengthen their administrative assistant. These can come together administratively and establish joint communities (cf. § 97 Section 1 Sentence 1 NKomVG ).

An integrated municipality shall in its formation at least 7,000 inhabitants ( § 97 para 1 NKomVG ). It is not the unity of community, but it is an administrative community continue their legally independent member communities. Like its member communities are self-governing bodies and joint communities service mr capable ( cf. § 1 No. 2 NBA ), so they have their own legal personality and shall be subject to the same supervision as their member communities (cf. § 171 para 2 NKomVG ). The joint communities can if needed to cover their expenses such as also the county by its member municipalities of a levy ( the so-called integrated municipality levy ) on their tax shares rise (cf. § 111 para 3 NKomVG ).

To form a Samtgemeinde the member communities have a major statutes agree (cf. § 100 para 1 NKomVG ) in which the member communities, the name of the velvet municipality, the administrative headquarters and that of the member municipalities (optional) assigned tasks must be described (cf. § 99 para 1 NKomVG ). Changes to the main statutes are from the Samtgemeinderat a majority of its members decided (cf. § 12 NKomVG ). After the formation of the velvet municipality whose fate is no longer in the hands of member communities, but the representative body of the velvet municipality. However, inclusion of, or resignation of member communities can be made dependent on the consent of the majority of member communities (cf. § 99 para 2 NKomVG ). To complete the form, the main statutes adopted by the municipal supervisory made ​​public (see § 100 para 2 NKomVG ).

Organs

Joint communities have three organs:

  • One to five years ( until 31 December 2013: eight years ) directly elected full-time Samtgemeinde Mayor,
  • A selected period of five years and Samtgemeinderat
  • A Samtgemeinde Committee.

The Samtgemeinde Committee consists of the velvet municipality mayor, holding the Presidency ( § 74 NKomVG ), and depending on the size of the Council from two to ten aldermen, being able to be decided in joint communities whose Samtgemeinderat has 16-44 MPs an increase of two ( § 74 para 2 NKomVG ). These are occupied depending on the seats of the factions and groups according to the Hare - Niemeyer method.

Tasks

The tasks include a Samtgemeinde gem. § 98 para 1 NKomVG inter alia, the preparation of land use plans, the disposal of sewage and the cemetery and Firefighting. It also takes over the sponsorship of the primary schools, the construction and maintenance of municipal roads, the establishment and maintenance of libraries and sports facilities, as far as these serve multiple member communities, and can transmit other objects of the member communities get (cf. § 98 paragraph 2 sentence 2 NGO ), for example, the area of ​​tourism. For acquired from their areas of the Municipality has the right to adopt the relevant statutes and regulations (see § 98 section 1 sentence 3 NKomVG ). The joint communities also perform all the tasks of the transferred sphere of its member communities (cf. § 98 para 2), such as the passport and reporting.

The joint communities are also obliged its member municipalities by to assist in the performance of their tasks (cf. § 98 para 4 NKomVG ). Similarly, the Financial regulations of member municipalities are the Municipality to the competent municipal supervision forwarded (see § 98 para 6 NGO). Joint communities take care of their member communities and the management of cash transactions and charge for this the overdue municipal taxes ( § 98 para 5 NKomVG ). You can also set up a separate Audit Office for its member communities, which then takes the place of the auditing office of the county (cf. § 98, paragraph 5, sentence 2 NKomVG ).

Withdrawal of Member Towns

A community member may resign in two ways from the Samtgemeinde again. If it is not incorporated into another community outside of the velvet municipality, the main statute of the velvet municipality needs to be changed (see § 102 para 1 NKomVG ) for their removal. This is not the role of each member community, but as described above up to the velvet municipality council. In order for a community member can not be excluded against their will, they must agree to a change in the principal statute; Reasons of public welfare must not conflict with the change. The Samtgemeinde and the withdrawing member congregation have the legal consequences arising from the change to reach an agreement (see § 102 para 3 NKomVG ). Failing such, the municipal supervisory authority shall make the necessary provisions ( see § § 102 paragraph 3 sentence 2 in conjunction with § 100 paragraph 1 sentence NKomVG 8 ).

Other provinces

In other states there are similar mergers with other designations:

  • Brandenburg, Mecklenburg- Vorpommern and Schleswig -Holstein: Official
  • Baden- Württemberg Gemeindeverwaltungsverband
  • Bavaria: Administration Community
  • Rhineland -Palatinate: community association
  • Saxony: Management Association
  • Saxony- Anhalt: community association
  • Thuringia: Administration Community
Oldenburg (district)
704121
de