Unele observaţii şi propuneri în legătură cu încetarea de drept a mandatului primarului intervenită ca urmare a apariţiei unei stări de incompatibilitate

Mihaela Adina APOSTOLACHE, Mihai Cristian APOSTOLACHE

Abstract


The article regards the theme of ending by right the mandate of the mayor, as a result of the apparition of a state of incompatibility. Incompatibilities protect the mayor’s mandate, are imperatively stipulated by law and involve a right to opt between the two functions or activities. Although, as a rule, the mayor’s mandate is of four years and ends when the newly elected mayor is sworn into function, there are situations when it can stop before this term, because of an incompatibility situation. Throughout the article, the authors underline the contradictory regulations regarding the ending of the mayor’s mandate by right, as a result of the apparition of the state of incompatibility, suggesting the necessity of a future legislative intervention in the domain. This is also encouraged by the jurisprudence of the Romanian Constitutional Court, that has stated that the legislative intervention is needed to adapt the normative documents to the economic, social and political realities, but also to ensure a unitary legislative frame, that contributes to a better application of law and to avert any doubtful or unjust situation in applying the law.


Cuvinte cheie


ncompatibilities; mayor; local elected; mandate; public authorities; Romania.

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