Deputies of municipal council

A deputy is a person who represents citizens in representative democracies when making decisions in representative councils. Representative councils can be created at different levels. There are four levels of representative councils in Slovakia:

  • the European Parliament – at European Union level,
  • National Council of the Slovak Republic – at national level,
  • Representation of self-governing regions – at the level of self-governing regions,
  • Municipal, city and local councils – at the level of the municipality, city, or city district of Bratislava or Košice.

The municipal council consists of deputies elected by direct elections by the inhabitants of the municipality for four years. Function of deputy is incompatible with function:

  1. mayor,
  2. an employee of the municipality in which he or she was elected (this does not apply if the employee of the municipality is long-term released to the office of deputy – pursuant to Section 136 (2) of the Labor Code, as amended by Act No. 210/2003 Coll.,
  3. the statutory body of the budgetary organization or allowance organization set up by the municipality in which it was elected;

Pursuant to Section 25 of Act no. 369/1990 Coll. Act of the Slovak National Council on Municipal Establishment the duties and powers of deputies shall be as follows:

Duties:

  • to take the oath at the first session of the municipal council in which he or she will attend,
  • attend meetings of the municipal council and its bodies to which it has been elected,
  • respect the statute of the municipality, the rules of procedure of the municipal council and the principles of remuneration for deputies,
  • to defend the interests of the municipality and its inhabitants,
  • inform, at the request of voters, of their activities and the activities of the municipal council,
  • to deepen the knowledge necessary for the performance of the office of deputy.

Authorization:

  • to submit proposals to the municipal council and other bodies,
  • to interfere with the mayor and the members of the municipal council in matters concerning the performance of their work,
  • to ask the directors of legal persons established or established by the municipality for explanations on matters relating to their activities,
  • to request information and explanations from natural and legal persons conducting business in the municipality in matters relating to the consequences of their business in the municipality
  • Participate in screening, inspections, complaints and communications by municipal authorities,
  • to require explanations from the authorities in matters necessary for the proper performance of the parliamentary function.

The mandate of a deputy expires:

a) by refusing or taking a qualified oath;

(b) on expiry of the term of office;

(c) resignation of a mandate (a deputy’s mandate shall be extinguished only if the resignation has been made orally in the minutes or in writing; in the case of a written resignation, the effects of the resignation shall be effected upon delivery to the municipal authority).

(d) by a final conviction for an intentional criminal offense or by a final conviction for a criminal offense, if the execution of the sentence of imprisonment has not been conditionally suspended;

(e) deprivation of legal capacity or limitation of legal capacity;

(f) change of permanent residence outside the territory of the municipality; in cities with self-governing districts, even in the case of a change of permanent residence outside the district in which it performs the function,

(g) if he has not attended meetings of the municipal council at least once during one year,

(h) in cases according to § 11 par. (2) if a deputy does not take legal action to eliminate the incompatibility of functions within 30 days of the date on which the incompatibilities arise;

(i) by dissolution of the municipality or

(j) death.

It is important that deputies are aware of their rights and obligations under Law No. 369/1990 Coll. Act of the Slovak National Council on Municipal Establishment, as very often there is an abuse of the authority of a public official according to § 326 of Act no. 300/2005 (Criminal Code).