Page 233 - 《客語及少數族群語言政策》附錄_少數語言法律

Constitution

[Administrative organization]

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(1) The structure, spatial organization and responsibilities of the state administration are regulated by law. Tasks
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that can be reliably and expediently performed by subordinate administrative authorities shall be assigned to them.
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(2) The establishment of state agencies in detail is the responsibility of the state government. It may authorize
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ministers of state to do so.
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(3) The Free State does not maintain a secret service with police powers. The use of intelligence assets shall be
subject to review by organs and auxiliary organs appointed by the people's representative body, unless such use
has been subject to judicial review. The details shall be determined by law.
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Article 84
[Local self-government]
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(1) The municipalities are the bearers of public duties in their territory, unless certain duties in the public interest
are assigned to other bodies by law. The municipal associations have the same position within their
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jurisdiction.
(2) Before general questions affecting the municipalities and associations of municipalities are regulated by law or
ordinance, the municipalities or their associations shall be heard in due time.

Article 85
[Transfer of tasks, additional burden compensation]

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(1) The execution of certain tasks can be transferred to the local authorities by law. They are to be assigned to
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them if they can be reliably and expediently fulfilled by them. Provisions shall be made for the recovery of costs.
(2) If the transfer of tasks leads to an additional burden on the local self-government bodies, appropriate financial
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compensation must be provided. This shall also apply if voluntary tasks are converted into compulsory tasks or if
the Free State of Saxony, by or on the basis of a law, subsequently directly causes an additional financial burden
in the performance of transferred or existing tasks.
(3) In the event of the transfer of public duties, the Free State may reserve the right to issue instructions in
accordance with more detailed statutory provisions.1

Article 86
[Representation of the self-governing bodies]

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(1) In municipalities and counties, the people must have elected representation. In small municipalities, the
municipal assembly may take the place of elected representation.
(2) In the municipalities, the inhabitants participate in self-government, especially by assuming honorary offices.
(3) The details shall be determined by law.

Article 87
[Funding, Financial Equalization]

(1) The Free State ensures that the local authorities can fulfill their tasks.
(2) Municipalities and counties have the right to levy their own taxes and other charges in accordance with the
law.
(3) The municipalities and counties participate in the tax revenues of the Free State, taking into account the tasks
of the Free State within the framework of intermunicipal fiscal equalization.
(4) The details shall be determined by law.

Article 88
[Territorial changes of self-governing bodies]

(1) The territory of municipalities and counties may be changed for reasons of public welfare.
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(2) The territory of the municipality may be changed by agreement of the participating municipalities with state
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approval, by law or on the basis of a law. The dissolution of municipalities against their will requires a law. The
population of the areas directly affected must be consulted before any territorial change is made.
(3) The territory of counties may be changed by or pursuant to a law. The dissolution of counties requires a law.
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