Munich, Germany – Bavarian municipalities are poised to embark on a series of regulatory experiments aimed at easing the burden of bureaucracy, a move championed by the state’s governing coalition of the Christian Social Union (CSU) and the Free Voters (FW). The initiative, announced on , seeks to identify and eliminate unnecessary state-level regulations impacting local governance, with the ultimate goal of streamlining processes and improving the lives of citizens.
“The people should concretely feel that we are reducing bureaucracy and simplifying things,” stated CSU parliamentary group leader Klaus Holetschek. The plan centers around designating select communities, counties, and administrative associations as “model regions” where these regulatory waivers will be tested. Holetschek described the effort as an “easy-to-do law,” signaling a desire for swift implementation.
The initiative has been met with cautious optimism from municipal associations. Thomas Karmasin, president of the Bavarian County Association, sees a “huge opportunity,” while Markus Pannermayr, head of the Bavarian Association of Cities, emphasized the need for “more courage to experiment and a greater willingness to change.” However, Pannermayr also cautioned against stifling the innovative spirit of the municipalities themselves.
Who Will Be a Model Region?
The specifics of how model regions will be selected remain unclear. The draft legislation from the CSU and FW stipulates that the Interior Ministry will designate at least one model region per administrative district. Florian Streibl, leader of the Free Voters parliamentary group, expressed a desire for broad participation, noting that numerous municipalities have already expressed interest. A key question, according to Georg Große Verspohl, deputy managing director of the Bavarian Municipal Association, is whether the municipal associations will have a role in making recommendations, or if the Interior Ministry will make selections independently. Holetschek indicated a preference for a simple, digital application process for municipalities.
Which Regulations Could Be Eliminated?
The proposed legislation envisions exemptions from state laws, regulations, and provisions. However, certain areas are explicitly excluded, including electoral law, civil service regulations, and asylum procedures. Any waivers must also not jeopardize public safety or infringe upon the rights of third parties. The Interior Ministry will define the specific regulations subject to exemption through ordinance, potentially consulting with other ministries as needed.
Holetschek stressed a desire to explore exemptions across a wide range of areas, stating, “I don’t want to hear from the ministries again what won’t work.” Local authorities are encouraged to identify areas where processes can be accelerated. Karmasin suggested potential areas for streamlining include regulations related to Tempo 30 zones (speed limits), parking management, and alternative transportation concepts. He also pointed to the often-lengthy approval processes for school expansions as a potential target for simplification.
What Concerns Have Been Raised?
The potential for ministerial oversight has sparked some skepticism. Achim Sing, a spokesperson for the Bavarian Association of Cities, questioned the state government’s willingness to allow genuine experimentation, given the Interior Ministry’s ultimate authority. He argued that the core principle should be to empower municipalities to determine the best course of action. Sing suggested potential areas for reform include greater flexibility in implementing Tempo 30 zones, easing parking regulations, and promoting innovative transportation solutions.
The Bavarian Municipal Association also expressed concern that a relatively large number of areas are excluded from consideration. Große Verspohl noted that the ability to *modify* regulations, rather than simply eliminate them, could be more beneficial, potentially allowing for the testing of more streamlined solutions. He cited the complex accounting procedures for fire department deployments as an example of an area ripe for simplification.
Johannes Becher, deputy parliamentary group leader of the Green Party, criticized the CSU/FW plan as being too top-down, arguing that municipalities should have the automatic right to deviate from regulations if they believe they can manage things better. He pointed to a similar law in Baden-Württemberg as a potential model.
What Works in Baden-Württemberg?
In October, the state of Baden-Württemberg passed the “Kommunale Regelungsbefreiungsgesetz” (Municipal Regulatory Relief Act), which allows all municipalities and counties to apply for temporary waivers from state laws. The relevant ministry has three months to respond to each application, and silence is considered approval. Interior Minister Thomas Strobl (CDU) stated that the law applies to “all” state regulations.
As of late January, nearly 100 applications had been submitted to the ministries in Baden-Württemberg, according to Alexis von Komorowski, chief executive of the Baden-Württemberg County Association. Nine have already been approved, including reductions in reporting requirements for preventative medical check-ups, the elimination of notification requirements for alternative medicine practitioners, and easing of regulations related to hunting.
Von Komorowski noted that most of the applications involve relatively minor changes with limited impact. However, he emphasized that even small improvements can add up. “Small cattle also make manure,” he said.
How Will the Success of the Model Regions Be Measured?
The Bavarian draft legislation does not address this question. Streibl stated that the initiative should simply be allowed to proceed, emphasizing the law’s streamlined nature. Holetschek assured that successful measures would be adopted as standard practice.
In Baden-Württemberg, the responsible ministry evaluates the general applicability of the results of each experiment, in consultation with the municipal associations. The state government is required to regularly update the state parliament on the progress of the initiative.
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Source: BR24 Radio – 12:17 PM
