Regarding Articles 92 and 1071 of the Election Code and as underlined in the previous Joint Opinion, loss of mandate after election should not be based on a drug test and that a restriction based on health reasons, without proof that the individual cannot carry out his or her mandate, amounts to health-related discrimination. Moreover, candidates who obtain the necessary number of votes required by law should be duly installed in office and be permitted to remain in office until their term expires or is otherwise brought to an end in a manner that is regulated by law in conformity with democratic parliamentary and constitutional procedures. It is thus recommended that these Articles of the Election Code be removed altogether.
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