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Law Amending The Law On Local Government Administration, The Law And The Law On Municipal And Regional Elections (Suspension And Removal Of A Mayor, Time Limits For Material For Municipal Meetings, Etc.)

Original Language Title: Lov om ændring af lov om kommunernes styrelse, regionsloven og lov om kommunale og regionale valg(Suspension og afsættelse af en borgmester, frister for materiale til kommunalbestyrelsesmøder m.v.)

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Law on the amendment of the law of the local authorities, regional slots and the law on municipal and regional elections

(Suspension and the deposition of a mayor, the time limits for material to municipal board meetings, etc.)

We, by God's grace, the Queen of the Danes, do our thing.

The parliament has adopted the following law, and we know that the following law has been approved by Parliament's consent :

§ 1

In the law of the local authority, cf. Law Order no. 971 of 25. July 2013, as amended by Section 9 of Law No 639 of 12. June 2013, the following changes are made :

1. § 8 (3) 4, ITREAS :

" Stop. 4. The mayor shall ensure that an agenda and the material required, including any declarations of selection, to the judgment of the items included on the agenda shall be sent to the members within four days of the meetings of the municipal management board. `

2. I § 8 inserted after paragraph 1. 4 as new paragraph :

" Stop. 5. If a case cannot be suspended, the municipality board may decide, even though the agenda and the material necessary have not been issued no later than 4 working days before the meeting. The mayor shall ensure that the agenda is indicated on the agenda if the agenda or the necessary material is not submitted within the deadline. The reasons for the non-exposure of the case shall also be included in the agenda. `

Paragk 5 and 6 will then be referred to in paragraph 1. Six and seven.

3. § 8 (3) FIVE, ONE. pkt., there will be paragraph 1. SIX, ONE. rectangle, revoked.

4. I § 8 (3) FIVE, TWO. pkt., there will be paragraph 1. SIX, ONE. pkt., shall be deleted '.

5. I Section 20 (2). 1, is inserted after 2. Act. :

The meetings shall be held in such a good time before meetings of the local authorities, that any declarations of declarations may be issued to the members of the Comalboard Management Board no later than 4 working days before meetings of the municipal management board, cf. § 8 (3) 4. "

6. I Section 20 (2). 3, 3. pkt., the following shall be inserted after "an agenda" means : ' and the necessary material for the assessment of the cases included on the agenda `.

7. I § 34, paragraph. THREE, ONE. pkt., in the words ' section 66 (2), Two, to : " § 66 b, paragraph. 3, ".

8. § 42 c (3) 2, ITREAS :

" Stop. 2. The chairman of the Municipality Management Board shall ensure that a call and the necessary material for the presentation of the audit shall be issued to the members of the municipal management board within four days before the date of submission, unless the submission cannot be postponed. '

9. I § 62 d (d) 2, is the 'Law on the Clause for tender' for : ' Law on the enforcement of the tender rules and v. '.

10. ~ 64 a, paragraph. THREE, TWO. pkt., revoked.

11. § 66 is hereby repealed and the following shall be inserted :

" § 66. In addition, the mayor ' s deliberate or gross negligent obligation on the part of the person concerned pursuant to this law may, by the rules of section 24 (2), be able to take the authority of the City of State. 1, designate one of its members to carry out the task to which the duty is to be due to be assigned.

Paragraph 2. Paragraph 1 shall apply by analogy to a magistrate member and a committee chairman in a municipality governed by the rules of both section 64 a and section 65.

§ 66 a. The mayor ' s insubordinate or gross negligent obligation on the part of the mayor may be placed on the market of the mayor whose duty is to be particularly gruesome, the local authorities shall submit a reasoned position on this subject to the public office ; the term furnace which is set up pursuant to the law on municipal and regional elections. If the board finds that the conditions for this are fulfilled, the Board shall take a decision that the mayor is disposed of.

Paragraph 2. The city council shall forthwith inform the mayor of the local authority's recommendation.

Paragraph 3. The Board of Optionals may, when required, require that a court be brought to justice in accordance with the rule of law on Article 1018 of the Court of Justice of the European Parliament. The mayor shall, at the request of the Board of the Board, be given the opportunity to submit an oral amendment to the Board of Convenience of the Board of Conventions.

Paragraph 4. When a decision is made in the Optionon Board of the Conventional (2). 1 on deposition of the mayor, the municipality shall elect one of its members to the mayor of the remaining part of the action period following the rules laid down in section 24 (2). 1.

Paragraph 5. The remuneration of a proposed mayor shall end by the end of the month in which the Opposition Board shall take a decision on the refusal to take place in accordance with paragraph 1. 1.

Paragraph 6. Paraguate 1 to 5 shall apply mutatis mutias to a magistrate and a committee chairman in a municipality governed by the rules of both section 64 a and section 65. However, it shall be added to the local authorities of the local authorities who have appointed the member of the committee to repossess the enquire.

§ 66 b. If a mayor is charged with a criminal offence, which may result in prison for four years or more, the municipal management board may be coveted to the Optionnality Board that the mayor is suspended. If a conviction of the offence will result in losses of the eligibility of the mayor and the suspension cannot be regarded as inflammable, the refusal shall take a decision on suspension. The suspension shall be valid until the mayor is appointed by the municipality management board, cf. paragraph 4, or reinstated as mayor, cf. paragraph 5.

Paragraph 2. The city council shall forthwith inform the mayor of the request of the municipal management board.

Paragraph 3. When a decision is made in the Optionon Board of the Conventional (2). 1 on the suspension of the mayor, the local authorities shall appoint the local authorities in accordance with the rules of section 24 (2) 1, one of its members to serve as mayor.

Paragraph 4. If the elected mayor loses its eligibility due to punishment for the penalties provided for in paragraph 1. Paragraph 1 (1), following the provisions of this Article, shall be subject to the provisions of paragraph 1, following the provisions of paragraph 1, which are subject to the provisions of paragraph 1. 3 acting mayor as mayor of the remaining part of the action period.

Paragraph 5. The existence of the suspended mayor by the final judgment shall be made, or shall the Committee of Optionals decide upon the final judgment or the adoption of a fine decision that the suspended mayor may be considered to be eligible to be considered to be a constitutionally eligible person, in the profession of the remaining part of the action period. However, the mayor shall be reinstated after a period of exemption granted to the court when the date of the application for authorization to the Supreme Court has expired, without application of the request prior to submission, or, if the application to do so before is submitted, shall not be submitted ; filed when the mayor is finally free.

Paragraph 6. The Prosecutor shall inform the municipal board of indictaries against a criminal offence, which may result in prison for four years or more.

Paragraph 7. The remuneration of a suspended mayor shall end by the end of the month in which the Optionon Board shall decide on suspension. Recreate the elected mayor of his office, cf. paragraph 5, he has claimed the payment of the mayor's remuneration for the suspension period.

Paragraph 8. Paraguate 1 to 7 shall apply mutatis mutias to a magistrate and a committee chairman in a municipality governed by the rules of both section 64 a and section 65. However, it shall be added to the electoral group of the local authorities who have designated the suspended member, to appoint the Member who shall be temporarily enlisted.

§ 66 c. If a mayor has not shown himself to be worthy of the esteem and confidence of the profession, and shall adopt the local authority council that the mayor of this reason does not enjoy the trust of the municipal management board and shall be deemed to be placed on the market, the mayor shall be deemed to have been deemed to be the case ; exempted from his duties.

Paragraph 2. For the adoption of paragraph 1, 1 shall be required to have at least nine tenths of the municipality of the municipality of all members in the proposal's treatments in the municipality management board, cf. paragraph The fact is that, in addition to the mayor, all of the members of the Communalan Management Board, in addition to the mayor, are voting in favour of the adoption and its explanatory statement.

Paragraph 3. Proposal for the establishment of the mayor in accordance with paragraph 1. 1 shall be subject to two treatments in the municipality Management Board with at least 6 and not more than 12 days of intervals. The Municipal Management Board ' s approval pursuant to paragraph 1. 1 and its reasons shall be included in the decision-making protocol in accordance with each procedure, cf. § 13. The local authorities shall forthwith inform the mayor of the adoption of paragraph 1. 1.

Paragraph 4. The mayor will be able to take part in the treatment and vote of the municipal management board.

Paragraph 5. When it is adopted, it shall be adopted. 1, the municipality shall elect one of its members to the mayor of the remaining part of the action period following the rules laid down in section 24 (2). 1.

Paragraph 6. The elected mayor may bring about the legality of the adoption of the municipal management board pursuant to paragraph 1. 1 for the Aventionate Board. Complaints must be submitted to the Board no later than 14 days after the municipal management board 2. treatment of proposals on deposition.

Paragraph 7. It shall be decided that the adoption of paragraph 1 shall be adopted by the Administrative Board. 1 may not have been legal, the elected mayor of the remaining part of the action period shall be reintroduced.

Paragraph 8. The remuneration of the elected mayor shall end by the end of the month in which the Council of Governing Board shall take a decision pursuant to paragraph 1. 1. Recreate the elected mayor of his office, cf. paragraph 7, in the case of remuneration, the person shall be asked as if it were not to be deposition.

Niner. 9. Paraguate 1 to 8 shall apply mutatis mutias to a magistrate and a committee chairman in a municipality governed by the rules of both section 64 a and section 65. However, it shall be added to the local authorities of the local authorities who have appointed the member of the committee to repossess the enquire.

§ 66 d. A mayor has the right to have expenses for the lawyer the mayor chooses to represent or to be assisted by in a case of section 66 a-66 c, paid by the municipality in accordance with the rules laid down in paragraph 1. Two and three.

Paragraph 2. The cost must be associated with a case after section 66 a-66 c.

Paragraph 3. The local authorities shall determine the fees and compensation for the lawyer following the charges applicable to the defence of criminal charges in criminal proceedings.

Paragraph 4. Paragraph 1-3 shall apply by analogy to a magistrate member and a committee chairman in a municipality governed by the rules in both section 64 a and section 65. ` ;

§ 2

In the regional slop, cf. Law Order no. 972 of 25. July 2013, the following changes are made :

1. I ~ 10 (1)) 2, in section 8 (4), 2-6, "to :" § 8, paragraph. 2-7, "

2. I § 35 a, paragraph. 2, is the 'Law on the Clause for tender' for : ' Law on the enforcement of the tender rules and v. '.

3. I § 38, 1. pkt., "§ 66 on the mayor's Functioning of the Mayors" to : "§ 66-66 d on the mayor's deposition or suspension".

§ 3

In the Law on municipal and regional choices, cf. Law Order no. 127 of 11. February 2013, the following changes are made :

1. I § 105 inserted after paragraph 1. 1 as new paragraph :

" Stop. 2. The Board of Electoral Board shall take a decision on the suspension and suspension of a mayor or other equivalent holder of a municipal office or region-body-body-body-body-body-body-body-body-body-in-law on the authority of the local authorities, as far as it is concerned, Regional Council chairmen, as well as region of the region's section 38. `

paragraphs 2 and 3 shall then be set out in paragraph 1. 3 and 4.

2. § 105, paragraph. TWO, ONE. and 2. pkt., there will be paragraph 1. THREE, ONE. and 2. rectangle, disserting, and replace the following :

" The Board of Optionals shall consist of 1 President and 1 Vice-President appointed by the Minister of Economic and Interior, and 3 other members, of which Danish Regions and KL each nominate 1 Member, and the Minister for Economic and Interior designates 1 Member who is cynical in : administrative law. The Danish Regions and the KL shall also designate a deputy for each of the two members, the associations, designate. The Economic and Interior Minister shall appoint a deputy for the Member who is competent in the right of administration. `

§ 4

The law shall enter into force on 1. January 2014.

§ 5

Paragraph 1. Members and delegates of the Radio Board Board shall be appointed for the first time in accordance with the rules in section 3, no. 2, for the period 1. April 2014 to the 31 st. March 2018.

Paragraph 2. § 3, nr. Paragraph 2 shall not apply to decisions, the Conventional Board shall take the first one before 1. April 2014. In the case of such decisions, the applicable rules in paragraph 105 (4) shall apply. 2, in the Law on municipal and regional elections, shall apply.

Paragraph 3. If a mayor or other equivalent holder of a municipal office or a region-President-in-Office of the Council is suspended prior to the entry into force of the law, the applicable rules in section 66 (3) shall be applied. 5, in the law of the municipalities ' management, cf. as well as section 64 (a), THREE, TWO. pkt., in the same Act and Section 38 of the regional slop, continued use.

Givet at Christiansborg Castle, the 171. December 2013

Under Our Royal Hand and Segl

MARGRETHE R.

/ Margrethe Vestager