Demographischer Wandel und kommunale Selbstverwaltung

The demographic change causes a lot of legal problems concerning local self-government. This study is focused on both the direct and the indirect, incentive based effects of the demographic change. On the basis of a positive analysis of the legal setting conclusions are deduced. They show in how far the legal setting sufficiently prepares the municipalities for the challenges of the demographic change. Further on, in a normative dimension, the study offers legislative recommendations. Besides using classic legal methods the study is also based on the Economic Theory of Law. Summary of the results: Local selfgovernment is to be reformed by strengthening local autonomy with regard to both local revenues and local responsibilities. Therefore privatization is an instrument which, if used at all, should be used with caution. Cooperation between communities can be a solution to anticipate further losses of local latitude. Administrative structures have to be improved, especially with regard to the demographic change. Most important is to invigorate the income of the communities. To reduce incentives for a ruinous competition for inhabitants especially the demographic dependence of the municipal financial equalization has to be minimized. Instead of an inhabitants based calculation it is necessary to readjust calculation to a system based on real costs. Regarding the legal setting of municipalities, the German administrative system, in parts, is unable to deal with the upcoming challenges caused by the demographic change.