Federal Guideline Implementation at the Municipal Level
January 11, 2020 | 30,00 EUR | answered by Bernhard Müller
Hello, I have a question regarding the binding nature of a federal directive for the municipality. A directive was issued as part of a federal funding program in which the municipality is participating. Shortly before, a statute was passed in the city council that, at the current time (from my perspective), does not align with the directive in a specific point. To what extent is the directive binding for the municipality? If there is a binding nature, who can demand the implementation accordingly? Thank you in advance!
Dear inquirer,
if the guideline was issued within the framework of a funding program, a violation of this guideline initially only means that the municipality will no longer be granted new funding through this program.
However, funding that has already been promised before the guideline was issued will still be paid out. In this case, the municipality enjoys protection of trust.
The elected municipal council is then responsible for either implementing the guideline or deciding not to participate in this funding program anymore.
If you do not agree with the decision, you still have the option to vote for a different municipal council in the next local election.
I hope that my answer was able to help you further.
Best regards,
Bernhard Müller, Attorney
... Are you also interested in this question? 
