Stručni rad

TERMINATION AND SUSPENSION OF THE MANDATE OF THE MEMBER OF THE LOCAL REPRESENTATIVE BODY AND THE APPOINTMENT OF HIS SUBSTITUTE

Teodor Antić ; Ministarstvo pravosuđa, uprave i lokalne samouprave

Sažetak

The provisions o f thè new laws which regulate the local self-government and the System of local élections, in relation to the previous laws regulating this issue, bave fiiled. legal gaps and clarified certain issues as well as provided for some new solutions wbicb refer to early termination and suspension of the mandate ofmembers of représentative bodies, to incompatibility of the duty of a member of the représentative body with other duties, and to the appointment of the substítute for the member of the représentative body. The fidi mandate of the représentative body ofthe local unit lasts for four years. However, in certain situations specified by law, the mandate may terminate before its regulär expiry. The law on the élection o f members of représentative bodies of local and regional self-government units provides for the duties which are incompatible with the duty of a member ofthe représentative body of the local unit and which, therefore, cannot be performed simultaneously. Thepersonwho is elected for a member of the représentative body of the local unit, and who performs an incompatible duty, as well as a member of the représentative body who is in the course ofthe mandate elected or nominated to one ofthe incompatible duties, must choose which ofthese two duties he will perform. I f he décidés to perform the other, incompatible duty, the duty ofthe member
of the représentative body is suspended. After the termination of the performance of the incompatible duty, the member of the représentative body continues to perform the duty in the représentative body on the basis of the termination of the suspension of the mandate. The continuation of the performance o f the duty of the member of the représentative body on the basis of the termination ofthe suspension ofthe mandate may be required once in the course of the mandate. Members of représentative bodies hâve substitutes who perform this duty if the mandate ofthe member ofthe représentative body is suspended or termínated before the expiry ofhis mandate. The substitute is appointedfrom the same list of candidates from which the member whom he substitutes was elected while he was not. The law accepted the solution according to which the person who substitutes is appointed from thè party and coalition list by thè politicai party to which the member o f the représentative body whose mandate has terminated belongs. However, the law failed to provide for this authority for independent lists, which should be done by amending the law as soon as possible

Ključne riječi

local self-government - Croatia; représentative body; mandate; substitute

Hrčak ID:

197496

URI

https://hrcak.srce.hr/197496

Datum izdavanja:

15.6.2001.

Podaci na drugim jezicima: hrvatski

Posjeta: 1.372 *