An analysis by “Promo-LEX” Association shows that the local general elections should be held in the period between June 5 and September 4, 2015, while Parliament should set the election date at least 60 days before the elections, IPN reports.
According to the Association’s jurists, based on the principle of continuity, the power in the state can be extended for a period after the expiration of the tenure so that the local elected officials work on an interim basis. According to the principle of representation, the local elected officials have a limited term in office and when this term expires they can work for a definite period of time, until the future elected officials take up duties. As there are no clear legal provisions as regards the term during which the local elected officials can work on an interim basis, deductions can be made by drawing an analogy between the general provisions concerning the organization of parliamentary elections and local ones and between the length of the term in office of the MP and of the local elected official.
Also, the Election Code says the election must be held within three months of the expiration of the Parliament’s mandate. By analogy, it can be deduced that the local elected officials can serve on an interim basis during three month, as in the case of the MPs. Otherwise, suspicions of usurpation of power can appear.
“Promo-LEX” noted that the political statements about the possibility of extending the term of the local elected officials have now no legal basis as, under the Law on the Local Public Administration, the council’s mandate can be extended only by organic law, in case of war or a catastrophe. In conclusion, the Association recommends Parliament to adopt a decision to set the date of the local general elections so as to avoid speculations on the issue.
The Central Election Commission’s secretary Andrei Volentir earlier told IPN that the local elections will be held until September 5. The last local general elections took place on June 5, 2011.
