III. DISCUSSION OF THE DRAFT NATIONAL ELECTIONS LAW AND THE DRAFT ELECTION COMMISSIONS LAW

J. Forfeiture of Mandate

In a positive step, and addressing previous OSCE/ODIHR recommendations, the new Constitution explicitly provides that parliamentary deputies are not bound by an imperative mandate.[1] However, Article 73(3)(1) of the Constitution still retains the concept that the mandate of an elected deputy is terminated ahead of term if the deputy ceases to be a member of a faction.[2] This is also stated in Article 67(3)(11) of the draft national elections law, which provides that a deputy loses his or her mandate upon the “deputy’s exit from the fraction from which he/she was elected”.

[1] Article 73(1) of the Constitution prohibits the imperative mandate, but fails to give a definition of the term. The term imperative mandate means that deputies are bound to remain members of the parliamentary faction or bloc to which they were elected throughout their term in office.

[2] According to Article 70(3) of the Constitution, deputies unite in factions, which may form a majority faction or an opposition faction.