Local Self-Government : Germany

Local self-government, as an expression of civic liberty, has a long tradition in Germany. It can be traced back to the privileges of the free towns in the Middle Ages, when civic rights freed people from the bonds of feudal serfdom. (As they said in those days, “town air makes people free”.) In modern times, local self-government has primarily been linked to the great reforms of the Prussian minister Karl Reichsfreiherr vom und zum Stein, in particular the Local Government Code of 1 808.

This tradition of civic liberty is manifest in the self-government of towns, municipalities and counties e *pressly guaranteed by the Basic Law. They accordingly have the right to regulate local affairs within the framework of the law. All towns, municipalities and bounties must have a democratic structure. Municipal la w falls within the sphere of competence of the fed-eral states. For historical reasons the municipal constitutions vary greatly from state to state, but in prac-’cethe administrative system is by and large the same, ‘government embraces in particular local transport road construction, electricity, water and gas PPly, sewerage and town planning, as well as the ‘ d!ng and maintenance of schools, theaters and Us eums, hospitals, sports facilities and public baths.

Other local responsibilities are adult education and youth welfare. The expediency and cost-benefit pects of programs in these fields are the responsibility of the local council. Many such measures are beyond the means of smaller towns and municipalities and can therefore be taken over by the next higher level of local self-government, the county (Kreis). The county too, is part of the system of local government through its own democratically elected bodies. The larger cities do not form part of a county.

Local self-government and independence are bound to suffer if the municipalities are unable to finance their programs. Their financial situation is frequently a subject of public debate. Local authorities raise their own taxes and levies, which include the real property tax and the trade tax. They are also entitled to raise local taxes on certain luxury goods. This revenue does not suffice to cover their financial needs, however. They therefore receive from the federal and state governments a share of the nation’s income tax. They also receive allocations under the financial equalization arrangement which applies in every state. The municipalities furthermore charge fees for services. Local self-government gives all citizens an opportunity to play their part and have a controlling influence. They can discuss such matters as new building projects with elected councillors at town meetings and inspect budget estimates. The towns and municipalities are the smallest cells in the political system. They must always be able to thrive and develop as the basic source o freedom and democracy.