Home > 4.4 Departmental/provincial elections > Report on the Recall of Mayors and Local Elected Representatives
 
 
 
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Paragraph 105
 

The most critical question is whether acts or behaviour of the mayor that should normally be the subject of a judicial decision may be among the acceptable reasons for popular recall. The position of the Venice Commission in this regard is clear: Where allowed by the national legislation, the process of recall should only be initiated as one way - of exceptional nature - of engaging the political responsibility of the targeted elected official; to ensure the required independence and an objective assessment, no decision by the voters should intervene on those matters - such as allegations concerning the commission of certain specific crimes - which (should) fall within the exclusive domain of the courts. In such cases, involving the legal responsibility of the authors of the offences at issue, recall will not be a suitable removal mechanism.