Procedures for addressing the incompatibility of the mandate of a municipal councillor or a mayor with other current positions

1. An elected municipal councillor who decides to relinquish the mandate of a municipal councillor shall submit to the Central Electoral Commission, in person or by post, a notarised statement or a declaration signed with a qualified electronic signature regarding the relinquishment of the mandate of a municipal councillor, no later than ten days before the first meeting of the municipal council. After receiving the statement, the Central Electoral Commission, acting as the mandates commission, shall take a decision on the withdrawal of the mandate of the elected municipal councillor and the confirmation of the mandate of a new municipal councillor no later than seven days before the first meeting of the municipal council, and shall publish this decision in the Register of Legal Acts. Candidates entered on the list of candidates for a vacancy of a municipal councillor, who decide to relinquish the mandate of the elected municipal councillor, must also submit their statements on the relinquishment of the mandate of the municipal councillor to the Central Electoral Commission no later than seven days before the first meeting of the municipal council. If an elected municipal councillor fails to notify the Central Electoral Commission of the renouncement of the office incompatible with that of municipal councillor no later than ten days before the first meeting of the municipal council, the Central Electoral Commission, acting as the mandates commission, shall take the decision on the withdrawal of the mandate of this municipal councillor no later than seven days before the first meeting of the municipal council and shall publish this decision in the Register of Legal Acts.

2. The provision under paragraph (1), obliging an elected municipal councillor to address the issue of incompatibility of the current position with the mandate of a municipal councillor and to renounce either such office or the mandate of the elected municipal councillor no later than ten days before the first meeting of the municipal council shall not apply to persons whose powers terminate upon the expiry of the powers of a municipal councillor and a mayor, namely, to the director of the municipal administration, the deputy director of the municipal administration, a civil servants of mayor’s political (personal) confidence and the secretary of the municipal council.

3. A person whose mandate of a municipal councillor is confirmed after the first sitting of the municipal council or who is elected in an early mayoral election but who holds an office incompatible with the office of municipal councillor or mayor must renounce this office before taking the oath. If a person does not renounce the incompatible office before taking the oath, the Central Electoral Commission shall, upon discovering the incompatibility of the mandate and the office held, take a reasoned decision to revoke the mandate of a municipal councillor or mayor and shall publish this decision in the Register of Legal Acts.

4. A municipal councillor or a mayor shall lose the mandate by a reasoned decision of the Central Electoral Commission, published in the Register of Legal Acts, if the municipal councillor or the mayor fails, for unjustified reasons, to take an oath within three months from the confirmation of the mandate of a municipal councillor or mayor.