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The Foreigners' Advisory Councils in Hesse are anchored in the Hessian Municipal Code (HGO) under §§ 84-88 and as voluntary bodies also in the Hessian District Code (HKO) under §§ 4b.
The central and valuable task of the Foreigners' Advisory Council is to advise the municipal bodies on those issues that particularly affect the foreign population of the municipality. In his consultation, he must be guided by the interests of this population group. Thus, the Foreigners' Advisory Council is an advisor to the municipal bodies. This support is necessary because the municipal representatives also represent the interests of the local foreign population within the framework of their decision-making power under the conditions of electoral law and local self-government. The activities of the Foreigners' Advisory Council are limited to the inner sphere of the municipality. Like committees and commissions, the Foreigners' Advisory Council has no legal capacity to the outside world.
Foreigners' advisory councils are elected in municipalities in which more than 1,000 foreign residents are registered (§ 84 HGO). If this limit is exceeded, the municipality may regulate the establishment of an advisory board for foreigners in the main statutes; The election of a foreigners' advisory board is also optional at district level. The term of office of a Foreigners' Advisory Council is five years. The number of representatives to be elected is between 3 and 37. Elections are held according to the same principles as in general municipal elections, with the special feature that only foreign residents, including EU citizens, but not german foreign dual nationals are entitled to vote. Naturalised people with a migration background also have the right to stand for election. At the last elections to the Foreigners' Advisory Council in November 2015, elections were held in 83 municipalities and districts.
At the state level, the Foreigners' Advisory Councils merge in the Arbeitsgemeinschaft der Ausländerbeiräte Hessen (agah). agah is also a service provider for the Foreigners' Advisory Councils. It is intended to advise and support the municipal advisory councils for foreigners in their work.
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