Rights and duties of councillors on supervisory boards

New developments are constantly being added to established principles. This creates complex situations for municipal decision-makers: their task is to recognise their own responsibilities and avoid risks for themselves and the municipal company. This seminar serves to sharpen the focus so that those involved and the company can safely avoid potential pitfalls. 

Municipal companies operate in a field of tension. On the one hand, they are commercial enterprises that are intended to generate income for the municipal budget. On the other hand, they are subject to the public law requirements of the Lower Saxony Municipal Constitution Act, which do not apply to private market players. One of their characteristics is that the municipality itself is a shareholder. Their actions are largely determined by the council members. Both the managing bodies and the supervisory bodies are characterised by their feedback under municipal constitutional law. 

These players have a special responsibility for the municipal company. The seminar focusses on these responsibilities. This is because conflicts within the decision-making structures can only be avoided if everyone knows their role. In addition, if powers are exceeded or duties neglected, this may not only have consequences under civil and municipal law for the persons involved.

The duties of elected representatives within municipal corporate structures will be given additional criminal relevance by the planned new corporate criminal law. This is because, unlike previously, the draft law provides for criminal sanctions not only for the persons acting, but also for the company itself.

Focal points:

• Fundamentals of municipal commercial law
• Responsibilities of bodies and their members under municipal law
• Criminal law responsibilities