Mayoral and municipal council matters; information

As a matter of principle, the municipal council may not interfere in the area of competence of the first mayor, nor may the first mayor interfere in the area of competence of the municipal council.

The municipal council is, in principle, responsible for all matters that do not fall within the remit of the mayor or have been delegated to a decision-making committee.

The mayor’s remit primarily covers day-to-day matters, i.e. those that are not of fundamental importance to the municipality and do not give rise to any significant obligations. In addition, he independently carries out the sovereign tasks assigned to municipalities by or pursuant to a federal law in matters of defence, including military service and the protection of the civilian population – insofar as the municipal council is not responsible for decisions relating to the budget or personnel – as well as matters that must be kept secret in the interests of the security of the Federal Republic or one of its Länder.

The municipal council may, through its rules of procedure – subject to certain exceptions – delegate further matters to the mayor for independent handling. Furthermore, the mayor may, in place of the municipal council or a (decision-making) committee, issue urgent orders and deal with matters that cannot be postponed.

Ultimately, the mayor is responsible for implementing the decisions of the municipal council or its (decision-making) committees. He also represents the municipality externally; he has the authority to issue legally binding declarations on behalf of the municipality or to receive such declarations.

All in all, the Bavarian Municipal Code contains only general principles regarding the division of responsibilities between the mayor and the municipal council. The precise division of responsibilities is usually set out in the rules of procedure; this may vary from municipality to municipality depending on the size of the municipality, its budget or local circumstances. You can enquire with your local council for further details

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