Municipalities; information on legal supervision
Brief description
The legal supervisory authorities advise, support and protect the municipalities in the fulfillment of their tasks. They strengthen the decision-making power and personal responsibility of the relevant bodies.
Description
The district administration office exercises legal supervision over the municipalities belonging to the district and the administrative communities. The government is responsible for the legal supervision of the independent municipalities and the administrative districts. The Bavarian State Ministry of the Interior, Sport and Integration is the legal supervisory authority for the districts.
In the case of special-purpose associations and joint municipal enterprises, the legal supervisory authority is
- the Bavarian State Ministry of the Interior, for Sport and Integration, if a district or the Free State of Bavaria is involved
or if another state, a municipality or an association of municipalities of another state or the federal government is involved, - the government, if a district or an independent municipality is involved,
- the district administration office if only municipalities belonging to the district are involved.
The purpose of state supervision is to advise, promote and protect the municipalities in the fulfillment of their tasks and to strengthen the decision-making power and self-responsibility of the relevant bodies.
The competent supervisory authority can object to unlawful actions and omissions and, if necessary, correct them. However, external third parties, in particular citizens, have no legal claim to supervisory measures and participation in such proceedings.
- the Bavarian State Ministry of the Interior, for Sport and Integration, if a district or the Free State of Bavaria is involved
Legal basis
- Art. 108 ff. Municipal Code for the Free State of Bavaria (Gemeindeordnung - GO)
- Art. 94 ff. County Code for the Free State of Bavaria (County Code - LKrO)
- Art. 90 ff. District Code for the Free State of Bavaria (District Code - BezO)
- Art. 10 Administrative Community Regulations for the Free State of Bavaria (Verwaltungsgemeinschaftsordnung - VGemO)
- Art. 51 Law on Municipal Cooperation (KommZG)
- Art. 52 Law on Municipal Cooperation (KommZG)