Home > 1.1.3.1 Restrictions to the right to be candidate > CROATIA - Act on Local Elections 2012 and Act on Amendments 2016
 
 
 
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Article 79
 

(1) Persons who hold an incompatible office, apart from persons who by this Act are prohibited from candidacy, may run as candidates for membership of the representative body of a unit, and if they are elected as members of the representative body, they are obliged by the day the body is constituted to inform the administrative body of the unit competent for the work of the representative body of the fact that they hold an incompatible office, or of their acceptance of the office of member of the representative body.


(2) A member of the representative body, who, during his/her term of office, agrees to hold an incompatible office is obliged to inform the president of the representative body of this fact within 8 days of accepting the office, and his term shall be suspended when that time limit expires.


(3) The term of office of a member of a representative body who does not file the notification referred to in paragraphs 1 and 2 of this Article shall be suspended by force of law.


(4) When a member of the representative body no longer holds the incompatible office, he/she may continue to exercise the office of member, following the end of the suspension of his/her term of office, if he/she submits a written request to the president of the representative body. He/she is obliged to file the written request within eight days from the day the incompatible office is terminated, and the suspension of his/her term shall end on the eighth day after the filing of the written request.


(5) If a member of a representative body, after the end of holding an incompatible office, does not file a written request, as in paragraph 4 of this Article, it shall be deemed that his/her term is suspended for personal reasons.


(6) A member of a representative body has the right to suspend his/her term during its course for personal reasons, by filing a written request with the president of the representative body.


(7) The suspension of the term on the basis of a written request referred to in paragraph 6 of this Article shall begin to run from the day the written request is delivered, pursuant to the rules on delivery prescribed by the General Administrative Procedures Act, and it may not last less than six months. The member of the representative body shall continue to exercise his/her office, following the end of the suspension of the term, on the eighth day after the delivery of notification to the president of the representative body.


(8) The member of the representative office whose term is suspended shall be substituted during the time of the suspension, pursuant to the provisions of this Act.


(9) In place of a member of the representative body whose term has been suspended, or whose term has ended by force of law, that member's substitute, designated pursuant to the provisions of this Act, shall have the right to participate and make decisions at the sessions of the representative body.


(10) It is only possible to request the continuation of the term of office of a member of a representative body once during the duration of that term, on the basis of the end of the suspension of the term.