Constitutional Requirements Regarding the Law on Local Elected Persons

• Author: Sandra Gradinaru
• Position: Al. I. Cuza Universitaty of Iasi
• Pages: 142-147

Constitutional Requirements Regarding the Law

on Local Elected Persons

Sandra GRADINARU

“Al. I. Cuza” Universitaty of Iasi

sandra.gradinaru@yahoo.com

Abstract: The provisions of the Law no 249/2006 for the amending and completion of Law no 393/2004 on

the Statute of the local elected include a new issue of cessation de jure of the mandate as a local or county

councilor and mayor, before the expiry of its normal duration, reasoned by the resignation of the political

party or of the organization of the national minorities on whose list he was elected. The Constitutional

provisions enhance th e representativeness of the local elected mandate, as with the parliamentary one, in the

sense of an implied prohibition of any interference in the work of the elected that would come from voters,

political parties, state authorities, NGOs. The independent status of the local elected receives extensive

connotations if we relate up to their moving from one political party to another, and in the context in which

this is sanctioned by law we face the restrictions of the representative mandate.

Key words: Status of the local elected, local autonomy, the representative mandate

The public right uses the notion of mandate in the sense of special empowerment conference of a

particular topic of law, by a solemn procedure, under which it exercises responsibilities of

authority for the purpose of building of some general interests. (Esmein, A., 1990, p. 261)

Under the constitutional provisions, in the mandate exercise, the deputies and senators are in the

service of the people, any imperative mandate being null, these provisions being a synthetic

expression of the constitutional principle of the representative mandate, which extends to the

level of the local elected.

The mandate is, in this situation, a power of attorney, to represent, from the political point of

view or, in another approach, a convention between the voters and those who aspire to achieving

it.

From a legal point of view, a mandate (parliamentary or local) means a public function, in which

the holder is invested through elections, with a content predetermined by law. (Deleanu, 1996, p.

230; Manda, 2007, p. 198 et seq.)

The assertion that the local elected are in the service of the local communities (such as deputies

and senators are in the service of the people) it must be understood in the sense that from the

moment of validation of the mandate, those elected represent the whole local community

(including those who have voted for another list of political parties).

The purpose of the representative mandate at the local level, consists of one local investment

with the right to speak and take decisions on behalf of that local community: the village, the

town (municipality) and the county.

Of the representativeness of the elected local mandate, it flows the status of independent, too,

and the independence is so total, that can be claimed even in front of his own political formation.

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