Правни проблеми при оспорване решенията на общинска избирателна комисия за предсрочно прекратяване на пълномощията на кметовете
Legal Issues in Case of Challenging the Decisions of Municipal Election Commission for Early Termination of the Mayors’ Powers

Author(s): Bogdan Yordanov
Subject(s): Law, Constitution, Jurisprudence, EU-Legislation, Administrative Law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: local self-government and local administration act; municipal election commission; mayors' powers; supreme administrative court
Summary/Abstract: This report draws attention to the issues related to the challenge of the decisions of the Municipal Election Commission (MEC) for early termination of the mayors' powers, refracted through the prism of the amendments to the Local Self-government and Local Administration Act (LSLAA) in force since 19.04.2011 and the permanent judicial practice reflected in Interpretative Decision № 1/30.03.2009 of the Supreme Administrative Court in Interpretive Case № 6/2008. The decisions of MEC for early termination of the powers of mayors and municipal councilors can be made in principle in the presence of certain hypotheses, explicitly regulated as grounds in the provisions of the LSLAA. However, the early termination of the powers of mayors is not uncontroversial and complete in the normative regulation of Art. 42, par. 3 LSLAA. The problems analyzed in the report, necessitate the conclusion that legislative changes or revision of the practice of the Supreme Administrative Court on these issues are needed.

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