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The Regulation of Youth Work and Public Libraries in Municipalities in Selected European States

Project Report 2007 35 Pages

Law - Miscellaneous

Excerpt

Inhaltsverzeichnis

A. Models of Legal Acts on Realisation of Education, Recreation and Social Work with Children and Youth at Municipality
I. Models of Legal Acts on Realisation of Education, Recreation and Social Work with Children and Youth at Municipality in Germany
1. The Legal Base of Youth Services
a) The Federal Legislation on Children and Youth Services
b) The Federal State Legislation on Children and Youth Services
2. The Aim of Youth Services
3. Responsible Bodies of Youth Services
4. Youth work
a) Main Points of Youth Work
b) Playground for Children and Young Persons, Holiday Camps
c) The Personal Scope of Youth Work, Contribution
5. Youth Associations and Youth Groups
a) Responsible Bodies of Free Youth Services
b) The Scope of Work of Youth Associations and Youth Groups
6. Public Youth Services
a) The Youth Welfare Office
b) The Organisation of the Youth Welfare Office
7. Youth Houses
II. Models of Legal Acts on Realisation of Education, Recreation and Social Work with Children and Youth at Municipality in Austria
1. Public Youth Welfare
2. Free Youth Welfare
3. The Task of Youth Welfare
4. Special Services of Youth Welfare
III. Models of Legal Acts on Realisation of Education, Recreation and Social Work with Children and Youth at Municipality in Switzerland
1. The Aims of Extra-curricular Youth Work
2. The Areas of Extra-curricular Youth Work
3. Responsible Bodies of Extra-curricular Youth Work
4. Forms of the Promotion of Extra-curricular Youth Work
a) The Amount of Financial Grants
b) A Definition of Yearly Financial Grants and Project-Related Financial Grants
c) The Refusal and the Reclaim of Financial Grants
IV. Models of Legal Acts on Realisation of Education, Recreation and Social Work with Children and Youth at Municipality in Great Britain
1. The Children’s Services Authority
2. Financing Arrangements of the Children’s Services Authority
3. The Local Safeguarding Children Board
a) The Board Partners of the Children’s Services Authority
b) The Co-operation within the Local Safeguarding Children Board
c) The Funding of the Local Safeguarding Children Board

B. Models of Legal Acts on Public Library Service
I. Models of Legal Acts on Public Library Service in Germany
1. A Definition of Public Libraries in Germany
2. The Creation of Public Libraries in Germany
3. The Legal Act of the Creation of Public Libraries in Germany
4. The Organisation of Public Libraries in Germany
a) The Public Library organised according to Public Law in Germany
b) The Public Library organised according to Private Law in Germany
5. The Access to the Public Libraries in Germany
6. The Fees of Public Libraries in Germany
II. Models of Legal Acts on Public Library Service in Belgium
1. A Definition of Public Libraries in Belgium
2. The Creation of Public Libraries in Belgium
3. The Organisation of Public Libraries in Belgium
4. The Funding of Public Libraries in Belgium
5. The Control of Public Libraries in Belgium
6. The Fees of Public Libraries in Belgium
III. Models of Legal Acts on Public Library Service in Denmark
1. The Objective of Public Libraries in Denmark
2. The Obligation to Establish a Public Library in Denmark
3. The Organisation of the Public Library in Denmark
4. The Access to the Public Library in Denmark
5. The Co-operation Partners of the Public Library in Denmark
a) Companies and Institutions as Co-operation Partners of the Danish Public Library
b) Municipal School Libraries as Co-operation Partners of the Danish Public Library
6. Danish County Libraries
7. The Funding of the Public Library in Denmark
8. The Fees of the Public Library in Denmark
a) The Fees for Special Services
b) Municipal School Libraries as Co-operation Partners of the Danish Public Library
c) The Sale of Special Knowledge
d) The Fees for Overdue Material
e) The Fees for User from another Municipality
f) The Fees for a Replacement Ticket
9. The Collection of Fees of the Public Library in Denmark
10. The Exclusion from Borrowing at the Public Library in Denmark

Literature:

Erichsen, Hans-Uwe (editor), Allgemeines Verwaltungsrecht, 11th edition, 1998; cited as author in: Erichsen.

Greese, Dieter, Kommunale Kinder- und Jugendpolitik, pages 570-583, in: Roth/Wollmann (editors), Kommunalpolitik, 1994; cited as Greese.

Kirchner, Hildebert, Bibliotheks- und Dokumentationsrecht, 1981; cited as Kirchner.

Kunkel, Peter-Christian, Jugendhilferecht, 5th edition, 2006; cited as Kunkel.

Münder, Johannes, Frankfurter Lehr- und Praxiskommentar zur KJHS/SGB VIII, 3rd edition, 1998; cited as Münder.

Rechtskommission des Deutschen Bibliotheksinstituts (editor), Rechtsvorschriften für die Bibliotheksarbeit, 3rd edition, 1998; cited as Rechtskommission des Deutschen Bibliotheksinstituts.

Reding, Jean-Marie, Ein luxemburgisches Bibliotheksgesetz? Überlegungen zur Einführung eines Bibliotheksgesetzes für öffentliche Bibliotheken in Luxemburg, http://www.land.lu/html/dossiers/dossier_luxemburgensia/biblioreding_191001, last access 12 June 2007; cited as Reding, Ein luxemburgisches Bibliotheksgesetz?.

Rehn, Erich/Cronauge, Ulrich, Gemeindeordnung für Nordrhein-Westfalen, loose-leaf collection, 20th complement supply May 1997; cited as Rehn/Cronauge.

Schmidt-Aßmann, Eberhard (editor), Besonderes Verwaltungsrecht, 11th edition, 1999; cited as author in: Schmidt-Aßmann.

Waechter, Kay, Kommunalrecht. Ein Lehrbuch, 3rd edition 1997; cited as Wachter.

Wiesner, Reinhard (editor), SGB VIII, Kinder- und Jugendhilfe, Kommentar, 3th edition, 2006, cited as Wiesner/author.

Abbreviations and acronyms:

Abbildung in dieser Leseprobe nicht enthalten

The Regulation of Youth Work and Public Libraries in Municpalities in Selected European States

An effective and democratic governance is one of the most challenging issues Russia is facing today. The complexity and multiplicity of the tasks a modern state has to deal with makes it impossible to provide an efficient public administration on a ”centralised base” - hence it is vitally important to guarantee the existence of local self-government and to create a transparent and workable legal framework for its performance.

The rebirth of the local government in Russia and the beginning of its reform dates back to the early 1990s, when the country underwent economic and political restructuring. The Federal Law No. 131 passed in June, 2003 ”On the General Organisational Principles of Local Self-Government in the Russian Federation” appeared to be the next crucial step and was expected to give more fiscal and managerial independence to municipalities.

Local self-government has formally become a very widespread phenomenon and there are 24,208 municipalities in Russia at the moment.[1] However the goals of the reforms have not been achieved – local government institutions are still very weak and their participation in social and economic developments is very limited. There is an urgent need for new opportunities to improve this situation. A workable legal framework can be a key element in the development of the efficient self-government system. Two problems of municipal importance are the realisation of education, recreation and social work with children and youth at municipality (A.) and the public library service (B.): models of legal acts from European countries shall be described in order to transfer some of the solutions found in these countries. Thus, the Russian self-government can reach European standards.

A. Models of Legal Acts on Realisation of Education, Recreation and Social Work with Children and Youth at Municipality

Models of legal acts on realisation of education, recreation and social work with children and youth at municipality shall be given for Germany (I.), Austria (II.); Switzerland (III.) and Great Britain (IV.).

I. Legal Acts on Realisation of Education, Recreation and Social Work with Children and Youth at Municipality in Germany

Society is only capable of noticing the importance of adequate work with children and youth when the lack of the latter becomes too obvious.[2] As an example he uses the experience gathered in East Germany, where due to financial and organisational reasons the social work with children and youth had lost a great part of its efficiency. The result was that the youth were strongly influenced by neo-nazi organisations and acted violently against state authorities and foreigners. The present part gives an overview of German regulation on children and youth services.

1. The Legal Base of Children and Youth Services

In Germany, the legal base for law concerning children and youth services is the Eighth Book of the Social Security Code (SGBVIII).[3] The Eight Book of the Social Security Code - Children and Youth Services - is an instrument of prevention, aid and protection of children and young people. The law takes a new comprehension of children and youth services as a basis; it emphasises the promotion of the development of young people and their integration into society by the means of general offers of promotion and services in different life situations.[4]

a) The Federal Legislation on Children and Youth Services

The federal legislator only aims at establishing a general federal framework, but the details are left to be determined by the federal state legislation (§15 SGBVIII). The main idea is that the federal state legislators are more familiar with the specific conditions, to which the children and youth are exposed in their states. Therefore, the state legislators are in a more favourable position to determine the necessary measures to be taken.[5]

b) The Federal State Legislation on Children and Youth Services

One has to take in consideration the laws by which the federal states execute the SGBVIII. These are:

- in Baden-Wuerttemberg the Children and Youth Services Act for Baden-Württemberg (Kinder- und Jugendhilfegesetz für Baden-Württemberg, LKJHG)[6] and the Youth Education Act (Jugendbildungsgesetz, JuBilG)[7],
- in Bavaria the Seventh Part of the Executive Act of the Social Security Acts (Gesetz zur Ausführung der Sozialgesetze, AGSG)[8],
- in Berlin the Executive Act of the Children and Youth Services Act (Ausführungsgesetz zum Kinder- und Jugendhilfegesetz, AG KJHG)[9],
- in Brandenburg the First Act on the Execution of the Eighth Book of the Social Security Code - Children and Youth Services (Erstes Gesetz zur Ausführung des Achten Buches Sozialgesetzbuch - Kinder- und Jugendhilfe, AGKJHG),[10]
- in Bremen the First Act on the Execution of the Eighth Book of the Social Security Code - Act on the Execution of the Children and Youth Services Act in the State of Bremen (Erstes Gesetz zur Ausführung des Achten Buches Sozialgesetzbuch - Gesetz zur Ausführung des Kinder- und Jugendhilfegesetzes im Lande Bremen, BremAGKJHG)[11] and the Bremen Children, Youth and Family Promotion Act (Bremisches Kinder-, Jugend- und Familienförderungsgesetz, BremKJFFöG)[12],
- in Hamburg the Hamburg Act on the Execution of the Eighth Book of the Social Security Code - Children and Youth Services (Hamburgisches Gesetz zur Ausführung des Achten Buches Sozialgesetzbuch - Kinder- und Jugendhilfe, AG SGB VIII)[13],
- in Hesse the Hessian Children and Youth Services Code (Hessisches Kinder- und Jugendhilfegesetzbuch, HKJGB)[14],
- in Mecklenburg-Western Pomerania the Act on the Execution of the Eighth Book of the Social Security Code - Children and Youth services – State Youth Services Organisation Act (Gesetz zur Ausführung des Achten Buches des Sozialgesetzbuches - Kinder- und Jugendhilfe -, Landesjugendhilfeorganisationsgesetz - KJHG-Org M-V)[15] and the Act on the Promotion and Development of Children and Youth Work, Youth Social Work and Educational Children and Youth Protection, Release of Honorary Collaborators and Training of Full-time Professionals and Collaborators – Children and Youth Promotion Act (Gesetz zur Förderung und Entwicklung der Kinder- und Jugendarbeit, der Jugendsozialarbeit, des erzieherischen Kinder- und Jugendschutzes, der Freistellung ehrenamtlicher Mitarbeiter und der Fortbildung hauptberuflicher Fachkräfte und Mitarbeiter – Kinder- und Jugendförderungsgesetz, KJfG M-V)[16]

- in Lower Saxony the Executive Act of the Children and Youth Services Act (Gesetz zur Ausführung zum Kinder- und Jugendhilfegesetzes, AG KJHG)[17] and the Act on the Promotion of Youth Work (Gesetz zur Förderung der Jugendarbeit)[18],
- in North Rhine-Westphalia the Executive Act of the Children and Youth Services Act (Ausführungsgesetz zum Kinder- und Jugendhilfegesetz, AGKJHG)[19],
- in Rhineland-Palatinate the State Act on the Execution of the Children and Youth Services Act (Landesgesetz zur Ausführung des Kinder- und Jugendhilfegesetz, AGKJHG)[20] and the State Act on the Promotion of Youth Work and Youth Social Work (Landesgesetz zur Förderung der Jugendarbeit und Jugendsozialarbeit - Jugendförderungsgesetz)[21],
- in the Saarland the Act on the Execution of the Children and Youth Services Act (Gesetz zur Ausführung des Kinder- und Jugendhilfegesetzes, AG KJHG)[22] and the Act on the Promotion and Development of Children and Youth Work, Youth Social Work and Educational Children and Youth Protection (Gesetz zur Förderung der Kinder- und Jugendarbeit, der Jugendsozialarbeit und des erzieherischen Kinder- und Jugendschutzes - Kinder- und Jugendförderungsgesetz, 2. AG KJHG)[23],
- in Saxony the State Youth Services Act (Landesjugendhilfegesetz, LJHG)[24],
- in Saxony-Anhalt the Children and Youth Services Act of the State of Saxony-Anhalt (Kinder- und Jugendhilfegesetz des Landes Sachsen-Anhalt, KJHG-LSA)[25],
- in Schleswig-Holstein the First Act on the Execution of the Children and Youth Services Act – Youth Promotion Act (Erstes Gesetz zur Ausführung des Kinder- und Jugendhilfegesetzes – Jugendförderungsgesetz, JuFöG)[26],
- in Thuringia the Children and Youth Services Executive Act (Kinder- und Jugendhilfeausführungsgesetz, KJHAG).

2. The Aim of Youth Services

According to §1 section1 of SGBVIII, each young person has the right on the promotion of its development and education in order to become a responsible and associable person. Section3 states that the aim of youth services is to realise the right in section1. Especially, youth services are to promote the individual and social development of young persons and are to contribute to avoiding or diminishing discriminations. Furthermore, youth services are to advise and to support parents and those having parental power how to educate. Youth services are also to protect children and young people from dangers for their well-being. And youth services are to contribute to preserving or creating positive life conditions for young persons and their families as well as a children and family friendly environment. In general, offers of children and youth services take place in the local environment of children and young persons.[27]

3. Responsible Bodies of Youth Services

According to §3 section1 SGB VIII, youth services are characterised by the variety of responsible body with different orientations of values and the variety of contents, methods and working forms. Services of youth services are provided by responsible body of free youth services and responsible body of public youth services (section2). The law offers a graded system of aids in fair cooperation between public and free local responsible bodies of children and youth services.[28] §4 SGBVIII describes the cooperation of public youth services and free youth services: while both youth services shall collaborate in a partnership, the public youth services shall respect the independence of the free youth services concerning the aims and the accomplishment of its tasks as well as its structure of organisation. Section2 states the subsidiarity of public youth services: as long as accepted responsible bodies of free youth services operate or are able to create adapted institutions, services and activities, the public youth services shall desist from own measures. That means that services of the youth services are offered by responsible bodies of free youth services.[29] Section3 states the obligation of the public youth services to promote free youth services and to strengthen different forms of self-aid.

4. Youth Work

Preventive youth work is of great importance as one faces the following developments:

- brutality and aggression in football stadiums, schools and on the street which culminate in acts of violence against asylum seekers, but also against alien persons who have already been living in Germany for a long time, against disabled persons, homeless people and other groups at the margin;
- violence and sexual abuse in families, too;
- medias which show brutality, sexism, child pornography;
- danger of addiction by alcohol, illegal drugs, medical drugs;
- totalitarian youth sects and destructive cults.[30]

According to §2 section2 no.1 SGBVIII, the services of youth services consist inter alia of offers of youth work. §11 SGBVIII precises the notion of youth work. Section1 phrase1 states that offers which are necessary for the promotion of young persons are to be placed at their disposal. These offers shall refer to the interests of young persons and shall be characterised by co-decision and co-construction. They shall enable young persons to self-determination and encourage and lead to social co-responsibility and engagement. Section2 names the responsible bodies of youth work: associations, groups and initiatives of youth, other responsible bodies of youth work and responsible bodies of public youth services. Youth work consists of offers for members, open youth work and community-oriented offers.

a) Main Points of Youth Work

Main points of youth work are, according to section3: extracurricular youth education with general, political, social, hygienic, cultural, technical education and education in natural sciences; youth work in sports, games and sociability; working world-, school- and family-related youth work; international youth work; children and youth recreation; youth consultation. This is an open catalogue; the multitude of contents of youth work makes it impossible to define it legally.[31] Therefore, this paragraph has just declaratorial character.[32] In some federal states executive laws, there are more detailed definitions concerning §11 section3 number1 SGBVIII.[33]

b) Playgrounds for Children and Young Persons, Holiday Camps

§11 section3 number2 names youth work in sports, game and sociability. It is the only hint on in federal law that youth work also consists of installing playing spaces for children and young persons; this paragraph adds to the federal states building law which contains regulations about the installation of playgrounds and the providing of green space for playing space.[34] Children and youth recreation according to §11 section3 number5 SGBVIII means stays of children and young persons in holiday camps.[35]

c) The Personal Scope of Youth Work, Contribution

While youth work can be offered for those over 27 years, it must be offered for those under 27 years. The content of the offer is an undetermined legal term without scope of estimation, that means that there is no discretion of the authority; but there is no legal claim.[36]

According to §90 section1 number1 SGBVIII, it is possible to raise a participation or expense contribution. This contribution may be absolved if asked (§90 section2 SGBVIII).

5. Youth Associations and Youth Groups

§12 SGBVIII refers to the promotion of youth associations and youth groups. Their self-responsible activity is to be promoted while assuring their statutory independent existence. The promotion takes place in accordance with §74 SGBVIII. According to this paragraph, the responsible body of youth work must meet the professional requirements for the planned measure, guarantee the appropriate and efficient application of funds as well as a work which promotes the aims of the German Constitution, have non-profit aims and a appropriate personal contribution. Permanent promotion requires regularly that the responsible body is accepted as a responsible body of free youth services according to §75 section1 SGBVIII.

a) Responsible Bodies of Free Youth Services

According to this paragraph, legal persons and associations of individuals can be accepted as responsible bodies of free youth services under the following conditions: their activity must be in the field of youth services according to §1 SGBVIII, they must have non-profit aims and guarantee a work which promotes the aims of the German Constitution. Furthermore, one must be able to expect that they are able to contribute in a non unsubstantial manner to the fulfilment of the tasks of the youth services because they dispose of professional and personnel requirements. They are to be accepted if they fulfil the requirements of section1 and have been active in the field of youth services for at least three years. Section3 states some special entities which are per se accepted responsible bodies of free youth services: the churches, religious communities of public law and the federal union of associations of free social welfare.

b) The Scope of Work of Youth Associations and Youth Groups

§12 section2 SGBVIII describes the scope of work of youth associations and youth groups. In these entities, young persons organise youth work themselves. They form youth work together and in co-responsibility. The work of youth associations and youth groups aim at a permanent work. The work is regularly addressed to the own members, but not exclusively. Youth associations and their unions shall express and represent the concerns and interests of young persons.

6. Public Youth Services

After having described the free youth services, the focus is now on the public youth services. § 69section1 SGBVIII defines the responsible body of the public youth services. These are local responsible bodies and superlocal responsible bodies. The law of each German federal state regulates the superlocal responsible bodies (phrase3). Local responsible bodies of youth services are according to phrase2 the counties and the county boroughs. In order to fulfil the tasks of SGBVIII, each local responsible body has to establish a youth welfare office and each superlocal responsible body has to establish a state youth welfare office. Section4 offers to several responsible bodies on local and super-local level the opportunity to establish joint institutions and services. According to section6, county towns and municipalities associations who are not local responsible bodies can fulfil the tasks of youth services in the local area.

a) The Youth Welfare Office

The organisational unit of public children and youth services on local level is the youth welfare office. From a planning, assuring and financing point of view, the local youth welfare office is the central institution of children and youth services.[37] §70 section1 SGBVIII states that the tasks of the youth welfare office are fulfilled by the board of youth services and the administration of the youth welfare office.

b) The Organisation of the Youth Welfare Office

§70 section3 SGBVIII describes the organisation of the state youth welfare office similarly: the state youth welfare office consists of the state board of youth services and the administration of the state youth welfare office. §71 SGBVIII gives the composition of the board of youth services and the state board of youth services. Section3 confers upon the board of youth services the right to decide on matters of youth services. On the matter of employees, §72 SGBVIII states that the responsible body of public youth services shall only employ professionals. These are persons who are qualified for the respective task in personality and training. The responsible bodies of public youth services have to assure further training and practical advice of their employees (section3).

7. Youth Houses

According to §74 section6 SGBVIII, the promotion includes in the area of youth work the construction and maintenance of youth leisure and education centres. By naming explicitly the construction and maintenance of youth leisure and education centres, the legislator wanted to underline that costs in the area of youth work do not only include costs for projects, personnel or material costs.[38] The paragraph is important for all levels including the local level.[39] A youth house which is constructed by a municipality is a public institution in the sense of §8 GONW if all young persons are allowed to use it.[40]

II. Models of Legal Acts on Realisation of Education, Recreation and Social Work with Children and Youth at Municipality in Austria

In Austria, youth services are regulated by the “Jugendwohlfahrtgesetz” (JWG, the youth welfare act).[41] According to §1 section1 number2 JWG, public youth welfare has to promote the development of non-adult persons by offers of care and education and has to secure this development by measures of education. §2 section1 JWG states that the task of public youth welfare is to advise and to support families in fulfilling their task of care and education of non-adults. Section2 shows that youth welfare is subordinated to the principle of subsidiarity: youth welfare is only admissible if those having parental power do not assure the well-being of the non-adult. Section3 states the principle of necessity in youth welfare: youth welfare is only to interfere in the area of the family if it is necessary for the well-being of the non-adult.

1. Public Youth Welfare

Public youth welfare is available to all persons who stay in the mainland (§3 JWG). Responsible body for the public youth welfare is the federal state (§4 section1 JWG). The law of the federal state points out the organisational unit which shall fulfil the tasks of public youth welfare (section 2). The local competence depends on the usual residence (§5 section1 JWG). In principle, public youth welfare is to be carried out by professionals who are specially formed and are appropriate (§6 section1 JWG). Appropriate non-professionals are allowed to carry out tasks which do not require a professional formation (section 2).

2. Free Youth Welfare

§8 section1 JWG allows institutions of free youth welfare to carry out tasks of the public youth welfare which are not sovereign. The condition is that their goal and their equipment are appropriate. §8 section1 phrase3 JWG states the principle of subsidiarity: if a free responsible body of youth welfare works better and more economical than the public responsible body of youth welfare, it shall be chosen instead of the public responsible body. Whether a free responsible body of youth welfare is appropriate or not, is the decision of the public responsible body of youth welfare (section2). If a free responsible body of youth welfare is appropriate, then its institutions are controlled by the public responsible body.

3. The Task of Youth Welfare

§10 JWG describes the task of all responsible bodies of youth welfare. They shall advise minors, those having parental powers and those who represent legally in all matters which concern the position of the minor and the task of those having parental powers. In addition to that, advice shall also be given on disputes on care and education.

4. Special Services of Youth Welfare

§12 section1 JWG lists some social services which are to be offered to parents-to-be, parents and those having parental powers: education in order to strengthen the ability of care and education and in order to prevent development disturbances and educational problems. The prevention aims also at all kinds of violence: physical, psychic and sexual. Furthermore, the social services consists of general and special advice services which shall specially give advice on violence-free education. Number3 names preventive and therapeutic aids for minors and their families, number4 names specially institutions for detection and treatment of devious behaviour. Minors shall also benefit, e.g., from street work (number6). According to §23 JWG, youth holidays must be notified. Detailed rules must be edicted by the federal states. They are allowed to put exceptions.

III. Models of Legal Acts on Realisation of Education, Recreation and Social Work with Children and Youth at Municipality in Switzerland

In Switzerland, extra-curricular youth work is legally based on the Federal Act on the Promotion of the Extra-curricular Youth Work - Youth promotion law (Bundesgesetz über die Förderung der außerschulischen Jugendarbeit - J ugend f örderungs g esetz, JFG) from 6th October 1989.[42] Its object is to regulate the promotion of extra-curricular youth work by the Federation if the regulation is of all-Swiss interest (article1 JFG). According to article2 section3 JFG, the regulation is of all-Swiss interest if the activity of a responsible body or a project extends at least to several cantons or to a language region.

1. The Aims of Extra-curricular Youth Work

Article2 section1 JFG names the aims of extra-curricular youth work: extra-curricular youth work shall give children and young people the opportunity to develop their personality as well as to accept political and social responsibility. This shall happen by active co-operation in youth organisations, for example by assuming leading, caring or advisory functions.

2. The Areas of Extra-curricular Youth Work

Article2 section2 JFG gives a non-exhaustive overview of the areas of extra-curricular youth work. These are in particular:

- game and sports;
- health, nature and environment;
- education, culture and society.

3. Responsible Bodies of Extra-curricular Youth Work

According to article3 JFG, responsible bodies of extra-curricular youth work can be federations, organisations and groups which are mainly active in the extra-curricular youth work and which do not strive for profit.

4. Forms of the Promotion of Extra-curricular Youth Work

Article5 section1 JFG enables responsible bodies of extra-curricular youth work to ask the Federation for yearly financial grants and project-related financial assistances. The financial grants are given for:

- the training and the further training of young people who are in leading and care functions,
- the organisation of meetings in the area of the extra-curricular youth work and youth exchange,
- the efforts of co-ordination in favour of youth organisations,
- the international co-operation of youth organisations,
- the information and documentation of youth problems.

The Federation is not restricted to financial grants, but may also perform other services: for example, the Federation may loan army and sports material, give transportation privileges or deliver Federal print products for free (article5 section2 JFG).

a) The Amount of Financial Grants

Article6 section1 JFG restricts the amount of financial grants to at the most 50 per cent of the expenditures. Section2 gives the assessment bases:

- the structure and the size of the responsible body,
- the kind and the importance of the activity or the project,
- the own contributions and contributions of third parties.

b) A Definition of Yearly Financial Grants and Project-Related Financial Grants

Articles7 and8 JFG define the yearly financial grants and the project-related financial grants. Yearly financial grants are intended for the preparation and execution of the regular activities of the responsible body according to article5 section1 JFG. Project-related financial grants are for the promotion of independent projects which are accomplished in place of or in addition to the regular activities.

[...]


[1] ”Report on the Local Government Reform and its Financial Support”, held to the Federal Council on the 21.02.2007 by Yakovlev, Minister of Regional Development of the Russian Federation.

[2] Greese, p. 574.

[3] It dates from 26th June 1990 (BGBl. I p. 1163) and came into force on 1st January 1991. Its actual version dates from 14th December 2006 (BGBl. I p. 3134) and was altered by §2 section23 of the act from 19th February 2007 (BGBl. I p. 122).

[4] http://www.bmfsfj.de/Kategorien/gesetze,did=3278.html, last access 12th June 2007.

[5] Münder, SGBVIII before §11, margin number 2; SGBVIII §15, margin number3.

[6] The new version dates from 14th April 2005 (GBl. for Baden-Württemberg, p. 376).

[7] It dates from 8th July 1996 (GBl. for Baden-Württemberg, p.502).

[8] It dates from 8th December 2006 (GVBl. 26/2006, p. 942). It replaced the Bavarian children and youth services act of 18th June 1993 (Bayerisches Kinder- und Jugendhilfegesetz, BayKJHG) whereas the material regulations have been taken over in general, http://www.blja.bayern.de/Textoffice/Gesetze/TextOfficeBayKJHG.htm, last access 12th June 2007.

[9] It dates from 9th May 1995 (GVBl., p. 300), its actual version dates from 27th April 2001 (GVBl., p. 134).

[10] It dates from 26th June 1997 (GVBl. I/97, p. 87), its actual version dates from 24th May 2004 (GVBl. I/04, p. 186, 194).

[11] It dates from 1991 (GBl., p. 318) and was lastly amended in 2000 (GBl., p. 496).

[12] It dates from 1998 (GBl., p. 351).

[13] It dates from 25th June 1996 (HmbGVBl. 1997, p. 273) and was lastly amended on 6th February 2007 (HmbGVBl. 2007, p. 35).

[14] It dates from 18th December 2006 (GVBl. I S. 698).

[15] It dates from 23th February 1993 (GVOBl. M-V 1993, p. 158) and was lastly amended on 23th May 2006 (GVOBl. M-V 2006, p. 194).

[16] It dates from 7th July 1997 (GVOBl. M-V 1997, p. 287) and was lastly amended on 19th December 2005 (GVOBl. M-V 2005, p. 640).

[17] It dates from 5th February 1993 (Nds. GVBl., p.45) and was lastly amended on 15th December 2006 (Nds. GVBl. S.597).

[18] It dates from 15th July 1981 (Nds. GVBl., p.199) and was lastly amended on 15th December 2006 (Nds. GVBl. p.597).

[19] It dates from 12th December 1990 (GV. NW. 1990, p. 664 ) and was lastly amended on 3rd May 2005 (GV. NRW., p. 498).

[20] It dates from 21st December 1993 (GVBl 1993, p. 632) and was lastly amended on 10th April 2003 (GVBl. 2003, p. 55).

[21] It dates from 21st December 1993 (GVBl 1993, p. 629).

[22] It dates from 9th July 1993, its actual version dates from 27th March 1996.

[23] It dates from 1st June 1994 (ABl. Saar 1994, p. 1258), its actual version dates from 7th December 2001.

[24] It dates from 29th September 1998 (SächsGVBl. 1998, p.506).

[25] It dates from 5th February 2000 (GVBl. LSA 2000, p. 236) and was lastly amended on 18th November 2005 (GVBl. LSA 2005, p. 698, 710).

[26] It dates from 5th February 1992 (GVOBl. 1992, p. 158) and was lastly amended on 15th December 2006 (GVOBl. 2006, p. 346).

[27] http://www.kinder-jugendhilfe.info/cgi-bin/showcontent.asp?ThemaID=4517, last access 12th June 2007.

[28] http://www.kinder-jugendhilfe.info/cgi-bin/showcontent.asp?ThemaID=4517, last access 12th June 2007.

[29] http://www.kinder-jugendhilfe.info/cgi-bin/showcontent.asp?ThemaID=4517, last access 12 June 2007.

[30] Kunkel, margin number127.

[31] Wiesner/Struck, SGBVIII §11, margin number17.

[32] Wiesner/Struck, SGBVIII §11, margin number18.

[33] Wiesner/Struck, SGBVIII §11, margin number19.

[34] Wiesner/Struck, SGBVIII §11, margin number21.

[35] Wiesner/Struck, SGBVIII §11, margin number24.

[36] Kunkel, margin number139.

[37] http://www.kinder-jugendhilfe.info/cgi-bin/showcontent.asp?ThemaID=4517, last access 12th June 2007.

[38] Wiesner/Struck, SGBVIII §74, margin number53.

[39] Wiesner/Struck, SGBVIII §4, margin number53.

[40] Rehn/Cronauge, §8 GONW, I.1; OVGRheinland-Pfalz, decision of 13th December 1965, Die Öffentliche Verwaltung 1967, p. 169.

[41] It dates from 15th March 1989 (BGBl.Nr. 161/1989) and came into force on 1st July 1989.

[42] BRB of 10th December 1990 (AS 1990 2011).

Details

Pages
35
Year
2007
ISBN (eBook)
9783640853649
ISBN (Book)
9783640853922
File size
448 KB
Language
English
Catalog Number
v168230
Tags
Jugendarbeit

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Title: The Regulation of Youth Work and Public Libraries in Municipalities in Selected European States