romanian english

DAN CONSTANTIN MÂȚĂ, Validation of the mandates of local advisors. Normative benchmarks and...

Abstract: The validation of the mandate of a local advisor is an operation by which a person elected by universal, equal, direct, secret and freely expressed vote is confirmed in order to occupy and exercise the office of local elected representative. The confirmation can be done either by means of an administrative procedure or by means of a judicial procedure. In the evolution of the regulation of this institution in the Romanian legislation regarding the local public administration, the rule was represented by the validation of the mandate by means of an administrative procedure. The validation commission made of local advisors proposed to the local council, still not established, the validation of the mandates of each elected advisor. This self-validation procedure is incompatible with the demands of the rule of law and inefficient due to the possibility of administrative blockages. Consequently, the validation of the mandates of the local advisors by a court is considered a superior normative solution. The Administrative Code regulates the validation of the mandates of the local advisors by the court, in a non-litigious procedure, establishing short deadlines in order to ensure the speed of the validation mechanism.

Keywords: local advisor, office validation, local council establishment, non-litigious procedure

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