In many countries within the European Union Municipalities have certain powers and responsibilities to exercise politics on communal level. However, at the same time they are either bound to particular orders and instructions or supervised by equated as well as higher-ranking institutions. It is questionable whether Municipalities can act independently while monitored and controlled by other organs. On the contrary, one can assume that because of this supervision Municipalities at least do not have the possibility to infringe laws and disobey orders which in the end is what is necessary for a State to be functioning.
This elaboration gives examples of three Member States of the European Union which have similar ways to monitor and control the lowest level in the political structure of a State. The focus lies on Germany whose rules concerning supervision and control are set out in a rather detailed way. It follows an overview of the regulations in Austria and a brief glimpse into the situation in Finland.
Table of Contents:
A. Introduction
B. Monitoring and Control over Municipalities in Germany
I. Monitoring and Control over Municipalities by the People
II. Municipal Monitoring and Control over Municipalities
1. The Authority to Control of the Municipal Council
2. The Procedure of Communal Constitutional Confliction
III. Governmental Monitoring and Control over Municipalities
1. Meaning of Supervision
2. Competent supervisory authorities
3. Types of Supervision
a) Legal Supervision
b) Functional Supervision
c) Special Supervision
4. Instruments of Supervision
a) Instruments of Legal Supervision
b) Instruments of Factual Supervision
5. Limits of Supervision
C. Monitoring and Control over Municipalities in Austria
I. Governmental Monitoring and Control over the Own Sphere of Influence of Municipalities
1. Competent Monitoring and Controlling Authority
2. The Content of Municipal Monitoring and Control
3. The Scope of Municipal Monitoring and Control
II. Governmental Monitoring and Control over the Devolved Sphere of Influence of Municipalities
D. Monitoring and Control over Municipalities in Finland
I. Chapter 1 section 8, paragraph 1 FLGA
II. Chapter 1 section 8, paragraph 2 FLGA
III. Chapter 1 section 8, paragraph 3 FLGA
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