Law of the Republic of Serbia on Local Self-Government (2002) (excerpts related to elections) (English))
LAW
ON LOCAL SELF-GOVERNMENT
/”Official Gazette of the Republic of Serbia” No. 9 of 26 February 2002/
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II. UNITS OF LOCAL SELF-GOVERNMENT
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3. The Bodies of Units of Local Self-government
3.1.1. Municipal Assembly
Article 26
The municipal assembly is a representative body performing principal functions of local government, established by the Constitution, law and the statute.
The municipal assembly shall comprise councillors elected by the citizens in direct elections, by secret ballot and in accordance with the law and the municipal statute.
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Article 28
A councillor may not be an employee of the municipal administration or person appointed, i.e., nominated by the municipal assembly.
If a municipal administration employee is elected councillor, his/her rights and duties in respect of employment shall be suspended for the duration of his/her mandate as councillor.
Upon election as councillor the term of office of persons appointed or nominated by the municipal assembly shall cease in respect of the appointed or nominated position.
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Article 36
The municipal assembly shall have a president.
The president shall organise the work of the municipal assembly, convene and chair its sessions and perform other duties determined by the law and the municipal statute.
Councillors shall elect the president from among their number, for a period of four years, by secret ballot, by majority vote of the total number of councillors of the municipal assembly.
The President may be dismissed from office before expiry of his/her term of office, following the same procedure as for election.
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3.1.2. The President of the Municipality
Article 42
The term of office of the president of municipality shall be terminated before the end of his/her mandate:
1) if he/she resigns;
2) if convicted for a criminal offence to a prison term of minimum 6 months;
3) if deprived of business capacity by effective court decision;
4) upon losing Yugoslav citizenship;
5) if engaging in activities incompatible with the function of the president of municipality under this Law;
6) if ceases to be the resident of the municipality;
7) in other cases under this Law.
Except for reasons specified in Item 7) para. 1 of this Article, termination of mandate of the president of municipality shall be established by the ministry in charge of local self-government affairs, on the basis of documents confirming the reasons for termination of mandate, and shall be so stated by the municipal assembly. The termination of mandate of the president of municipality due to resignation shall be so stated by the municipal assembly.
The termination of mandate of the president of municipality shall consequently result in termination of mandate of the deputy president of municipality.
When the mandate of the president of municipality is terminated before the end of the term for which he/she has been elected, the president of the municipal assembly shall discharge this office until such time the new president of municipality takes office.
The president of the National Assembly shall call, within 15 days of termination of mandate of the president of municipality, elections for the president of municipality if more than six months remain until the expiration of mandate of the president of municipality.
The president of municipality may also be recalled prior to expiry of his/her mandate.
The initiative to recall the president of municipality may be launched by minimum 10 per cent of the electorate, by a majority vote of the total number of councillors in the municipal assembly, and/or the Government if it deems that the delegated tasks are not being performed in accordance with the law.
The electors shall directly decide on the initiative to recall in secret ballot.
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VI. RELATIONS BETWEEN THE BODIES OF THE REPUBLIC, TERRITORIAL AUTONOMY AND THE BODIES OF THE LOCAL SELF-GOVERNMENT UNITS
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Article 113
The decision on the dissolution of the assembly of a local self-government unit shall be passed by the Government following the proposal of the Ministry in charge of local self-government, i.e. the competent body of the Territorial Autonomy.
The Government shall acknowledge the existence of reasons for the dissolution of the assembly in accordance with Article 112, para. 2 of this Law.
The president of the National Assembly shall call elections for councillors within three months of the day the assembly of the local self-government unit has been dissolved. Elections shall not be called if less than 6 months remain until the expiry of the term of office of the councillors of the local self-government unit.
Until the assembly of the local self-government unit is constituted, the competencies of the assembly shall be discharged by a provisional five-member body of the local self-government unit appointed by the Government.
Article 114
If elections in a local self-government unit are not held, or if the assembly is not constituted in accordance with law within 60 days of the elections, the Government shall appoint a temporary body as referred to in Article 113, para. 4 of this Law, which shall discharge competencies of the assembly.
The President of the National Assembly shall call new elections for the assembly of the local self-government unit within 3 months of the day the elections should have been held; i.e. the day local self-government unit should have been constituted.
The term of office of the councillors elected in the elections referred to in para. 2 of this Article shall be the period until the expiry of the term of office held by the councillors of the local self-government unit assembly elected at regular elections.
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