EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW
(VENICE COMMISSION)
DRAFT LAW
ON additions to the law
on THE STATUS OF MUNICIPALITIES
OF THE REPUBLIC OF AZERBAIJAN
Articles 22-1, 25-1 and 31-1
shall be inserted to the Law of the Republic of Azerbaijan on Status of
Municipalities in the following wording:
“Article 22-1. Suspension of
powers of members of the municipality
In case if the member of the
municipality fails to attend municipal sessions in terms provided in the
Statute of the municipality, his powers shall be temporarily suspended up to
verification of its reasons.
Article 25-1. Report of
municipalities
The municipality shall report to
its voters on work done, including data on use of financial resources and
municipal property, on Monday of the third week of November each year. The
report shall be drawn up in written form and approved at the sessions of the
municipality. The report shall be posted on the billboard located in the
territory of the municipality and assigned by the Election Code of the Republic of Azerbaijan for pre-election campaign.
The report, within 10 days
following to its approval, shall be forwarded to the authority implementing
administrative supervision over activity of municipalities. Authority
implementing administrative supervision over activity of municipalities shall
examine content of the report.
In case if these requirements are
not followed or content of the report does not reflect reality, authority
implementing administrative supervision over activity of municipalities shall
inform relevant body of the executive power thereof. On the basis of
information provided, those indicated in part I of Article 96 of the
Constitution of the Republic of Azerbaijan shall officially address to the
Milli Majlis of the Republic of Azerbaijan. The Milli Majlis of the Republic of Azerbaijan, according to the part IV of Article 146 of the Constitution of the Republic of Azerbaijan, shall pass a decision on hearing of the report of the
municipality. In case if the report of the municipality is considered by the
Milli Majlis of the Republic of Azerbaijan as inadequate, the Central Election
Commission of the Republic of Azerbaijan shall pass a decision on pre-term
suspension of powers of members of the municipality and assignment of new
elections.
Article 31-1. Pre-term
dismissal of the municipality
According to the Law of the
Republic of Azerbaijan On Joint Activity, Association, Division and Termination
of Municipalities, in case if municipalities pass a decision to associate
following to the results of local opinion survey conducted in the territory of
two or more municipalities or the municipality passes a decision to form two or
more municipalities on the territory of the municipality following to the
results of local opinion survey conducted in the territory of that
municipality, the Central Election Commission of the Republic of Azerbaijan
shall pass a decision on pre-term dismissal of those municipalities and
assignment of new municipal elections.”
