Bürgerbeteiligung

The opportunities for citizen participation arise from Art. 20 Para. 2 and Art. 28 Para. 1 of the Basic Law (GG). Accordingly, the principle of representative democracy applies to the Federal Republic of Germany. The decision-making process is primarily carried out by elected representatives and not directly by the people. Consequently, the election of municipal parliaments(election of the municipal council/city council and the district council) is the most important instrument through which the people directly exercise state power. Another important opportunity for participation at municipal level is the direct election of the mayor and the district administrator.

In addition to the opportunities for participation based on the principle of representation, the Hessian Municipal Code (HGO) contains a number of other instruments of participation, some of which are also open to residents who are not entitled to vote (e.g. minors):

• Citizens' assembly
  The citizens' assembly serves to inform citizens about important municipal matters and should be held at least once a year. This is a relatively weak form of citizen participation.
• Citizens' petitions and referendums
  The citizens of a municipality can apply for a referendum on an important municipal matter by means of a citizens' petition. In a referendum, the people (who are entitled to vote) decide on issues themselves. The referendum is the strongest form of citizen participation and breaks through the principle of representation. However, a list of negative criteria in the HGO excludes certain areas from the referendum.
• Participation as an expert resident in a commission
  Commissions are auxiliary bodies of the municipal council and are also subordinate to it. A commission can be assigned both the permanent administration or supervision of individual business areas of the municipal administration as well as the completion of temporary tasks. Depending on the commission's remit, it may include the mayor, members of the municipal board and the municipal council as well as "knowledgeable residents".
• Citizens' initiatives
  A citizens' initiative is often a loose group of people who want to enforce or prevent a certain measure through public pressure.

There are also other elements of citizen participation in the form of various rights of consultation, objection and complaint.

At state level, citizens can also exercise their right to petition the Petitions Committee of the Hessian State Parliament.

Further information on this subject area can be found on the websites of the Hessian State Election Commissioner and the Hessian Ministry of the Interior and Sport (under the heading "Municipalities").