EIRP Proceedings, Vol 4 (2009)

Constitutional Requirements Regarding the Law on Local Elected Persons

Sandra Gradinaru


The provisions of the Law no 249/2006 for the amending and completion of Law no 393/2004 on the Statute of the local elected include a new issue of cessation de jure of the mandate as a local or county councilor and mayor, before the expiry of its normal duration, reasoned by the resignation of the political party or of the organization of the national minorities on whose list he was elected. The Constitutional provisions enhance the representativeness of the local elected mandate, as with the parliamentary one, in the sense of an implied prohibition of any
interference in the work of the elected that would come from voters, political parties, state authorities, NGOs. The independent status of the local elected receives extensive connotations if we relate up to their moving from one political party to another, and in the context in which this is sanctioned by law we face the restrictions of the representative mandate.


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