Naslov
The conditions for standing in local elections in the Council of Europe member states

Autori
Zvonimir, Lauc

Izvornik
CG/GOV(24)5

Vrsta, podvrsta
Ostale vrste radova, ekspertiza

Godina
2013

Ključne riječi
local elections; self-government;

Sažetak
Citizens shall be guaranteed the right to local and regional self-government (Constitution, Article 133 ). The right to self-government shall be realized through local, respectively regional bodies, composed of members elected in free elections by secret ballot on the grounds of direct equal and general voting rights. All citizens of the European Union shall also exercise this rights in conformity with law and the acquis communautaire. Eligibility and ineligibility to stand for election are the constitution and legal matter.Rules for the ineligibility are legal matter. Law which elaborate the electoral system is organic law shall be adopted by the majority of all representatives in the Croatian Parliament. Active voting rights, ie the right to vote and to elect the members of the local and regional representative body (municipals ; cities ; counties) are Croatian citizens 18 years or older and who reside in the unit whose bodies elections are conducted. In addition, members of the representative body of the unit have the right to vote and citizens of other EU Member States, in accordance with Community law, in particular the law on the right of nationals of other Member States of the European Union in the elections for representative bodies of local and territorial (regional) self-government (Official Gazette , No. 92/2010). Active voting rights are exercised through direct elections by secret vote.Passive voting rights, ie the right to stand and to be elected as a member of the representative body of a voter who, on the date of the call for the election has a permanent residence in the unit in which the representative body elections are conducted. Croatia is a new member of European Union. In the process of negotiation Croatia has harmonized its legislation, among other things, the issue of local elections, adopting in full the Council Directive 94/80/EC of 19 December 1994. which establishes a detailed procedure for the exercise of active and voting rights in municipal elections for citizens of the Union residing in a Member State of which they are not citizens. There are the residence conditions without required of certain period of residence. The citizen of another European Union Member State shall apply for registration in the voters' list to the Authority, which maintains a list of voters to place permanent or temporary residence, not later than 30 days before the election.Prohibition nomination is for the voters who are police officers, active military personnel, civil servants in the Croatian Armed Forces should not be a candidate for a member of representative body unit and for any of municipal mayor, city major and prefect and their deputies. Constitutionality and legality of elections supervised by the Constitutional Court. Complaint about irregularities in the nomination or in the process of election of members of representative bodies of political parties can submit holders of candidate lists of voters, candidates, at least 100 voters or at least 5% of the voters units' in which the elections are held. Complaint about irregularities in county councils and the city of Zagreb submitted to the National Election Commission. Complaint to the municipal and city councils submitted to the County election commission. This commissions can declare candidates ineligible. Against the decision of the electoral commission claimant has the right to appeal to the Constitutional Court. The penalty is always ineligibility of candidates who fail to meet the requirement. Summary, Republic of Croatia have correct regulation and practices oabout conditions for standing in locla elections.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA