T. Discussion of the systems for local elections

As an example, Article 114 of the draft law requires a candidate for mayor to have a “higher education”, no criminal record, and “work experience in the state or municipal service for at least 5 years” or work experience in managerial positions in certain specified state or municipal institutions (see also Article 116). The total exclusion, for example, of persons from the private sector is discriminatory and therefore unacceptable and probably contrary to the Constitution. Article 52(1)(2) of the Constitution provides that citizens shall have the right to “be elected to state authorities and local self-governance bodies in accordance with the procedure established by the present Constitution and the law”. The Venice Commission and OSCE/ODIHR recommend that these restrictions to the right to be elected be removed.