Participation in Local Development and Planning in Germany
摘要
There are two main mechanisms through which the public can participate in local development and planning in Germany: statutory participation and citizens’ petitions for referendum. The statutory participation process according to the Federal Building Code (Baugesetzbuch) takes place in the course of municipal planning, more precisely each time local governments adopt or amend a land-use plan. The two-stage process gives everyone the right to comment on the drafts presented. The local government is not obliged to pursue alternative proposals, but must consider each point raised during the participatory process. Individuals who are directly affected by the adopted plan may also challenge the plan in court, but not every violation of participatory rights leads to the invalidation of the plan. Petitions for referendum are a general participatory mechanism at the municipal level, open only to citizens of the municipality who are eligible to vote. In the field of planning, citizens can use petitions to initiate planning processes or to terminate an ongoing planning process. However, petitions may not prescribe a specific planning outcome, as this would prejudge the balancing of interests to be carried out by the local government. While statutory participation is more inclusive, referenda can produce legally binding outcomes.