Abstract:
This dissertation examines the legal restrictions on municipal economic activity. On the constitutional level, the affected basic rights in articles 2 (paragraph 1), 12 and 14 of the Basic Law; as well as the municipal rights to self-government laid down in article 28 (paragraph 2) of the Basic Law. The dissertation also discusses the three prerequisites for municipal enterprises in the municipal codes of the Bundesländer and the restrictions resulting from competition law.
First, focus will be put on the principle of territoriality laid down in article 28 (Paragraph 2) of the Basic Law, second, on the whether the simple and possibly the qualified subsidiarity clause infringes municipal rights to self-government, third, if the municipal regulations contain a subjective right (third-party protection effect) in the sense that private entrepreneurs could demand the implementation of these regulations. Finally, the dissertation will examine whether municipal regulations have a secondary, competition-oriented protective function.