Home > 4.5 Local elections > Report on the Recall of Mayors and Local Elected Representatives
 
 
 
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Paragraph 67
 

In its view, adequate guarantees should exist both as regards the type of norms regulating the early termination of office and the authority entitled to take the decision. First, it would be advisable that the specific rules for early termination of power or suspension should not be determined by the statute of each municipality as this may result in an inequality of treatment among municipal councillors. A general regulation is required, at national or regional level, in accordance with the distribution of competencies in each country. Second, if the verification of a failure in the concerned councillor’s conduct is required, the termination of the mandate of the municipal councillor cannot be decided by the local council. “The intervention of the Court is a necessary element of the system [...] This would ensure the free exercise of the functions of local elected representatives in conformity with the European Charter”.