Local Public Entities and Protection of Subsistence

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1) According to the Local Government Act, those who have addresses in a local public entity are its residents. On one hand, local public entities have to accept anyone to be their member, if he/she lives in their territories. On the other hand, residents cannot refuse to be members of the local public entity. It is this point of view that we need to start from, when we study legal status of homeless people. 2) Even when local public entities have to order homeless people living in tents in parks to leave there, the local public entities must adopt a judicial enforcement but not the "Ersatzvornahme", an administrative enforcement. 3) Protection of subsistence is a requirement of the politics, which we are able to have, only when we mutually acknowledge ourselves as free and independent individuals.