Suchergebnisse

The incompatibility of the function at the state and local levels is defined to prevent exercising a dual mandate and other forms of conflict of interest to secure self-government in local communities. The discussed positions of dual- or even triple-mandate officials are neither unconstitutional nor unlawful in themselves, yet they relate to the incompatibility of interest roles these dual-mandate or triple-mandate officials simultaneously play. The inability of the National Assembly to regulate the issue of the incompatibility of the function in accordance with the basic principles in the state (balance of powers, local self-government autonomy, representative democracy) leads us to the conviction that, for the time being, the parliamentary lobby power is too great, whereas the political culture of the public is too weak to prevent the further steps of the legislator. An important aspect of the incompatibility of the function lies in the fact that individuals should be aware that performing the multiple functions, obtained in elections, is not a privilege, but it is a commitment and duty to perform the functions well and with dedication. The paradox is that an individual who is aware of this does not need any rules on the incompatibility of the function at all. Adapted from the source document.

Paragraphs in the Slovene constitution, decisions by the Constitutional Court, & local self-government statutes are examined to determine if there is an inherent conflict of interest when mayors of municipalities are also elected & serve as representatives to this country's national assembly. Comparative references are made to other European countries, mostly France, where a similar performance of parliamentary & mayoral functions by the same person is permitted under certain conditions. After analyzing the conflicting scenarios in which the parliamentarian mandate influence the mayoral one, & vice versa, & recognizing the unusually high incidence of dual-mandate cases in Slovenia, a relatively small country, constitutional & legislative actions are suggested to remedy the current situation & minimize the incompatibility of functions & duties at state & local levels. The triple mandate of deputy mayors in Slovenia is also examined, pointing out his/her burden & responsibility in performing duties of mayor & local council & national assembly member. It is concluded that although neither unconstitutional nor unlawful, dual & triple mandates are potentially harmful to democracy, open doors to political corruption & abuse of power, & pose a danger of further damaging the image of an honest politician. Adapted from the source document.