Constitutional Requirements Regarding the Law on Local Elected Persons

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

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 ... (see full summary)

 
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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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