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Joint Task for the ‘Improvement of Regional Economic Structures’

The German constitution stipulates that in certain fields the federal authorities are to work with the states in order to fulfill their tasks. This is the case when these tasks are significant for all and the contribution of the federal authorities is necessary to improve living conditions (Joint Tasks). Art. 91a of the German constitution names the Joint Tasks:
1. Improvement of Regional Economic Structure
2. Improvement of Agricultural Structure and Costal Protection


These Joint Tasks and details of coordination are more closely defined through federal law requiring the consent of the Federal Council. The former Joint Task “Extension and Building of Institutions of Higher Education” was abolished in the course of federal reform. Since then the newly drawn up Art. 91b of the German constitution regulates the working together of the federal and state authorities for research funding in cases of supra-regional significance (Joint Task Research Funding).
The Joint Tasks “Improvement of Regional Economic Structure” and “Improvement of Agricultural Structure” are particularly important for spatial development. For rural areas these tasks can be seen as complementary to one another.

Judicial review proceedings

Judicial review proceedings are undertaken by the courts on request. A distinction is made between abstract judicial review, in which the validity of a law is examined independent from concrete cases, and concrete judicial review in which the court rules on the validity of the norm in examining the case at hand.
Judicial review addresses not only issues of material appropriateness but also compliance with superordinate laws and regulations. The plaintiff is entitled to take action only if directly affected. Private persons cannot therefore take legal action against spatial structure plans, since such plans cannot infringe individual rights under public law because, unlike binding land-use plans, they do not involve any direct reorganisation of land holdings. Potential plaintiffs are territorial authorities like municipalities, because they are bound by spatial structure planning. Judicial review proceedings are undertaken by the courts on request. A distinction is made between abstract judicial review, in which the validity of a law is examined independent from concrete cases, and concrete judicial review in which the court rules on the validity of the norm in examining the case at hand.