Home > 1.6 Frequency of elections > Report on the Recall of Mayors and Local Elected Representatives
 
 
 
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Paragraph 91
 

The European Charter of Local Self-Government applies the general principles of representative government and representative democracy at local level. Article 7.1, establishing the principle of free mandate of local representatives, is especially worth to be mentioned. It provides: “The conditions of office of local elected representative shall provide for free exercise of their functions.” Article 7.3 adds: “Any functions and activities which are deemed incompatible with the holding of local elective office shall be determined by statute or fundamental legal principles”. The Charter is silent on the potential reasons for ineligibility or incompatibly, leaving to the national legislator the task to draw these limits and conditions, through national legislation and “fundamental legal principles”. The Explanatory Report to the Charter interestingly explains: “this paragraph provides that disqualification from the holding of local elective office should only be based on objective legal criteria and not on ad hoc decisions. Normally this means that cases of incompatibility will be laid down by statute. However, cases have been noted of firmly entrenched, non-written legal principles, which seem to provide adequate guarantees.”