Act XCVI of 2000 on Specific Issues of the Legal Status of Self-government Representatives
Act XCVI of 2000
on Specific Issues of Self-government Representatives
The Parliament makes the following law to further advance the fairness of democratic public life, enforcement of public interest in exercising local governance, to ensure self-government representative’s activity serving the interests of voters:
Creation and termination of the mandate
Article 1. (1) The mandate, rights and obligations of local self-government representatives (hereinafter referred to as self-government representative) are created by their election, their rights and obligations terminate upon termination of their mandate.
(2) Self-government representatives shall take an oath or a vow, with text authoritative for the mayor, and sign a deed thereon, at the statutory meeting of the body of representatives, general assembly (hereinafter referred to collectively as body of representatives), or, at the meeting following their election, in the case of by-elections, or following receipt of their letter of appointment, in the case of representatives having obtained mandate on common regional lists, compensatory lists, county general assembly list – in the event of legal remedy against the results of the election, after conclusion of the remedial proceedings – before the body of representatives.
Article 2. The mandate of self-government representatives will terminate:
a) on the date of general self-government elections following their election,
b) by losing their right to vote;
c) by proclamation of incompatibility,
d) by resignation,
e) if the self-government representative does not attend the meetings of the body of representatives for a year,
f) by the dissolution of the body of representatives,
g) in the case of dissolving of the body of representatives,
h) by the death of the self-government representative.
Article 3. (1) Self-government representatives may announce their resignation at the meeting of the body of representatives. Resignation and the date of termination of the mandate shall be recorded in the minutes of the meeting.
(2) Self-government representatives may resign also by their written statement to the body of representatives, handed over or forwarded by them to the mayor, the Mayor of the capital, the chairman of the county general assembly (hereinafter referred to collectively as mayor). The written statement shall be made known at the next meeting of the body of representatives.
(3) The resignation shall not be withdrawn.
(4) The mandate of self-government representatives will terminate
a) on the date determined by the representative, within one month following resignation, in the absence thereof
b) on the date of announcing the resignation, or receipt of the written statement.
Article 4. (1) Termination of the mandate of self-government representatives will be declared, in the case of Article 2. c) and e), by the body of representatives in its resolution.
(2) The resolution of the body of representatives as set out in paragraph (1) shall be delivered on the working day following the meeting to:
a) the self-government representative concerned,
b) the election committee,
c) the administrative office.
Article 5. Self-government representatives shall not be:
a) civil servants of central state administration bodies,
b) heads, civil servants of administrative offices, and civil servants of the regional, local state administration bodies whose scope of duty covers matters affecting the relevant self-government and competence extends to the self-government.
c) settlement clerks (county chief clerks, metropolitan chief clerks, district clerks), deputy clerks, and civil servants of the office of the body of representatives at the same self-government,
d) employees of the work organisation of regional development council competent in the region,
f) except for membership in board of trustees, officials of the management body of the public foundations set up by the body of representatives,
g) director generals, deputy director generals, directors, deputy directors of self-government companies founded by the body of representatives, members of their board of directors, governing body,
h) chief executives of business organisations operating with the ownership share of the self-government, members of their board of directors, board or governing body, and managers (director generals) maintaining employment relation or other legal relation aimed at performance of work with the company,
i) director generals, deputy director generals, directors, deputy directors of business organisations founded by business organisations operating with the ownership share of the self-government, members of their board of directors, board or governing body,
j) managers of local and regional program providers, newspaper publishers, newspaper distributors, members, managing directors of their governing body, employees in executive position thereof.
Article 6. Self-government representatives shall not receive any fee, other emolument – except for reimbursement of costs – in consideration for their activity performed in public foundations, public-weal companies set up by the self-government.
Article 7. (1) Self-government representatives, non-representative members of committees of the body of representatives shall not act as legal representatives, and shall not provide representation in lawsuits – except for lawful representation – against the self-government, its institutions, and the office of the body of representatives.
(2) Self-government representatives shall not refer to their capacity of self-government representative in professional or business matters, shall not obtain or use confidential information unlawfully by making use of their self-government representative mandate
Last modify: 2010.09.20.