About some problems of extinguishment of local authority member's mandate
Vol.1,No.2(1993)
Abstract
Pages:
12–30
The author deals with actual and in practice frequented issue of the ways of extinguishment and loss of local authority member's mandate in Czech Republic. He distinguisbes situations in which the mandate extinguishes to all the representatives at the same time (expiration of the electoral period, election of a new authonty, new election dissolving the authority, invalidating of authority elections and other ways of extinguishment), from situations in which the mandate extinguishes to individual representatives or they lose it (election validity is not verified, the path is not taken of in the fixed way, loss of elegibility, more exactly some of it's conditions for giving up the mandate, rise of incompatibility, decision of the court, death of the authority member). He shows here a lot of inaccuracies in the law arrangement of these ways of extinguishment of the mandate including the fact that loss is not distinguished from extinguishment, or from the reasons of the loss as the case may be, in the conception of the incompatibility etc. Then he pays a special attention to the procedure of pronouncement of the mandate loss where the legislator lets a lot of questions still open. Especially be points out the need of clearing up the relations between the remedies of constitutional and administrative justice and those of state's supervision of self-administrative organs' activity. The essay contains a lot of suggestions de lege ferenda to the observed issues.
12–30
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