The System (Structure) of ”Executive Municipal Authorities” in Selected EU-Member States

Table Of Contents

A. Introduction
I. An Effective and Democratic Governance
II. The Rebirth of Local Government
III. The Heart of Administrative Reforms

B. Models of Legal Acts on the System (Structure) of ”Executive Municipal Authorities” in Germany
I. The Municipal Administration in Germany
II. The Creation and Organisation of Executive Municipal Authorities in Germany
1. The Municipal Council, § 40 section 2 phrase 1 GO NW
2. The Mayor, § 40 section 2 phrase 1 GO NW
a) The Election of the Mayor, § 65 section 1 GO NW
b) The Tasks of the Mayor
aa) The Mayor as Chairman of the Municipal Council, § 40 section 2 phrase 3 GO NW
bb) The Direction of the Administration, § 62 section 1 phrase 2 GO NW
cc) The Representation of the Municipality, § 63 section 1 GO NW
c) The Deputies of the Mayor
aa) The Honorary Deputies of the Mayor, § 67 GO NW
bb) The General Deputy of the Mayor, § 68 GO NW
3. The Municipal Board, § 57 section 1 GO NW
a) The Creation of the Municipal Board
aa) The Creation of the Municipal Board by a Decision of the Municipal Council
bb) The Obligation of the Municipal Council to Create a Municipal Board
b) The Types of Municipal Boards
aa) The Main Board
bb) The Financial Board
c) The Organisation of the Municipal Board
aa) The Board Chairman
bb) The Agenda of the Municipal Board
III. The Control of Executive Municipal Authorities in Germany
1. The External Control of Executive Municipal Authorities in Germany
a) The General Supervision of the Municipality, § 119 section 1 GO NW
b) The Special Supervision of the Municipality, § 119 section 2 GO NW
c) The Right of Instruction, § 16 LOG NW
2. The Internal Control of Executive Municipal Authorities in Germany
a) The Right to Object, § 54 section 1 GO NW
b) The Obligation to Object, § 54 section 2 and 3 GO NW
c) The Right to Veto, § 57 section 4 phrase 2 GO NW
IV. Outsourcing of Certain Activities in Germany
1. A Definition of Outsourcing
2. The Aims of Outsourcing
3. Possible Areas of Outsourcing
4. Requirements of Outsourcing
a) The Obligation of Tendering
b) Proof of Cost Effectiveness of Outsourcing
5. Legal Restrictions of Outsourcing by the Example of IT
a) Labour Law Restrictions of Outsourcing
b) Data Protection Law Restrictions of Outsourcing
aa) The Restriction of Outsourcing by the Federal Data Protection Act and the States Data Protection Acts
bb) The Restriction of Outsourcing by Regulations Concerning the Fiscal Secret
cc) The Restriction of Outsourcing by Regulations Concerning the Social Welfare Secret
dd) The Restriction of Outsourcing by Regulations Concerning the Statistics Secret
6. The Procedure of Outsourcing

C. Models of Legal Acts on the System (Structure) of ”Executive Municipal Authorities” in France
I. The Municipal Administration in France
II. The Creation and Organisation of Executive Municipal Authorities in France
1. The Creation of Executive Municipal Authorities in France
a) The Election of the Municipal Council
b) The Election of the Mayor
2. The Organisation of Executive Municipal Authorities in France
a) The Organisation of the Municipal Council
b) The Status of the Mayor
3. The Tasks of Executive Municipal Authorities in France
a) The Tasks of the Municipal Council
b) The Tasks of the Mayor
III. The Control of Executive Municipal Authorities in France
IV. Outsourcing of Certain Activities in France
1. The Contracts of the Delegation of Services of General Interest
a) The Definition of the Delegation of Services of General Interest, article L. 1411-1 CGCT
b) The Scope of Application of the Delegation of Services of General Interest
c) The Limits of the Delegation of Services of General Interest, article L. 1411-2 CGCT
aa) The Limit of the Duration of the Delegation of Services of General Interest, article L. 1411-2 section 1 CGCT
bb) The Prolongation of the Delegation of Services of General Interest, article L. 1411-2 section 3 CGCT
2. The Public Procurement Contracts
a) The Definition of the Public Procurement Contracts, article 1 section 1 subsection 1 CMP
b) The Personal Scope of Application of the Public Procurement Contracts Code, article 2 section 1 CMP
aa) The Principle of the Personal Scope of Application of the Public Procurement Contracts Code
bb) The Exceptions of the Personal Scope of Application of the Public Procurement Contracts Code
c) The Principles of the Public Procurement Contracts, article 1 section 1 subsection 2 CMP
d) The Objectives of Public Procurement Contracts, article 1 section 2 CMP

D. Models of Legal Acts on the System (Structure) of ”Executive Municipal Authorities” in Austria
I. The Municipal Administration in Austria
II. The Creation and Organisation of Executive Municipal Authorities in Austria
1. The Election of the Municipal Council in Austria
2. The Election of the Municipal Board and of the Mayor in Austria
3. The Establishment of Further Municipal Bodies in Austria
4. The Tasks of the Mayor in Austria
III. The Control of Executive Municipal Authorities in Austria
1. The Controlling Authorities of Executive Municipal Authorities in Austria
a) The Control of Executive Municipal Authorities in Austria by Internal Control Authorities within the Municipality
b) The Control of Executive Municipal Authorities in Austria by the National Supervisory Authorities
c) The Control of Executive Municipal Authorities in Austria by the Court of Auditors
2. The Limits of the Control of Executive Municipal Authorities in Austria
3. The Legal Defence of Executive Municipal Authorities against Measures of Control in Austria
IV. Outsourcing of Certain Activities in Austria

E. Models of Legal Acts on the System (Structure) of ”Executive Municipal Authorities” in Switzerland
I. The Municipal Administration in Switzerland
II. Outsourcing of Certain Activities in Switzerland
1. Criteria for Outsourcing by the Example of IT
2. Data Protection and Outsourcing
a) The Necessity of Data Protection
b) The Different Legal Frameworks of Data Protection
aa) The General Legal Framework of Data Protection
bb) The Legal Framework in the Case of Sovereign Acts
3. An Evaluation of Possible Activities for IT-Outsourcing
4. The Establishment of a Consulting Company for IT-Outsourcing
a) Aims of the Consulting Company for IT-Outsourcing
b) The Structure of the Consulting Company for IT-Outsourcing
c) The Benefits of the Consulting Company for IT-Outsourcing
d) The Services of the Consulting Company for IT-Outsourcing