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 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.)

WE, MARGRETHE the SECOND, by the grace of God Queen of Denmark, do indeed:

The Danish Parliament has adopted and we know Our consent confirmed the following law:

§ 1

The law on local government administration, see. lovbekendtgørelse nr. 971 of 25. July 2013, as amended by section 9 of Act No. 639 of 12. June 2013, shall be amended as follows: 1. section 8, paragraph 4 is replaced by the following: ' (4). The mayor shall ensure that an agenda and the necessary material, including any declarations, the Committee for the assessment of the cases that are included on the agenda, sent to the members not later than 4 working days prior to the municipal board meetings. '

2. In section 8 shall be inserted after paragraph 4 as new paragraph: "(5). Can a case not be exposed, the Municipal Council take a decision, although the agenda and the necessary material is not issued within 4 working days prior to the meeting. The Mayor must make sure that it is clear from the agenda, if the agenda or the necessary material not broadcast within the deadline. The reasons why the matter cannot be deferred, must also be reflected in the agenda. '

Paragraphs 5 and 6 will be hereafter referred to paragraphs 6 and 7.

3. section 8 (5), 1. point, there will be (6) 1. paragraphs, are hereby repealed.

4. In article 8, paragraph 5, 2. point, there will be (6) 1. paragraph, the words ' in addition '.

5. In article 20, paragraph 1, shall be inserted after 2. item:

» The meetings to be held in sufficient time before the meetings of the Municipal Council, to any Committee statements can be sent to the municipal board members not later than 4 business days prior to the meetings of the Municipal Council, see. § 8, paragraph 4. '

6. In article 20, paragraph 3 3. paragraph shall be added after ' broadcast an agenda ': ' and the necessary material for the assessment of the cases recorded on the agenda '.

7. In article 34, paragraph 3, 1. paragraph, the words ' section, paragraph 66.2.0 ': ' paragraph 66 (b), (3) '.

8. section 42 (c), paragraph 2 is replaced by the following: ' (2). Municipal Chairman of the Board of Directors shall ensure that a call and the necessary material for the presentation broadcast to local members of the Executive Board no later than 4 working days before the date of their submission, unless the submission cannot be exposed. '

9. In paragraph 62 (d), paragraph 2, the words ' the law on klagenævnet for Udbud ' to: ' law on the enforcement of procurement rules, etc. ' 10. section 64 (a), (3), 2. paragraphs, are hereby repealed.

11. section 66 is repealed, and instead reads ' § 66. Overrides the Mayor either intentionally or by serious negligence a duty incumbent on the person concerned pursuant to this Act, the Municipal Council according to the rules laid down in article 24 (1), appoint one of its members to carry out the task as a duty, the breach relates.

(2). Paragraph 1 shall apply mutatis mutandis to a magistrate's Member and a Chairman of a municipality that is governed according to the rules of both section 64 (a) and section 65.

§ 66 a. Override the Mayor deliberately or by serious negligence a duty incumbent on the person concerned pursuant to this law, the Mayor devoted, if duty breach is particularly serious. The Municipal Council shall submit a reasoned recommendation to that effect to the eligibility Board established pursuant to the law on municipal and regional elections. The Tribunal finds that the conditions are met, the Board shall take a decision that the Mayor devoted.

(2). The local authority shall immediately inform, in writing, the Mayor of Municipal Board's recommendation.

(3). Eligibility Committee can, when required, may require to be included in accordance with the code of civil procedure act legally interrogation section 1018. The mayor shall at his or her request after the Board's quantification is given the opportunity to orally to present its case for Eligibility Committee.

(4). When there is a decision of the Board of eligibility under paragraph 1 on the dismissal of the Mayor, the Municipal Council selects one of its members to the Mayor for the remainder of the term of Office in accordance with the rules laid down in article 24, paragraph 1.

(5). Remuneration paid to a deposed Mayor ceases at the end of the month in which the Election Board shall decide on the allocation in accordance with paragraph 1.

(6). Paragraphs 1 to 5 shall apply mutatis mutandis to a magistrate's Member and a Chairman of a municipality that is governed according to the rules of both section 64 (a) and section 65. It is, however, the choice group in the Municipal Council, which has appointed the ousted member to occupy the Office.

§ 66 b. Prosecuted a mayor of an offence, which under the law can result in imprisonment for 4 years or more can apply for Municipal Council over for Eligibility Committee recommended that the mayor be suspended. If a conviction for the offence will result in a loss of the Mayor's eligibility and suspension cannot be considered critical, the Board shall take a decision on suspension. The suspension applies until the Mayor Councillor resigns, see. paragraph 4, or is reinstated as Mayor, see. (5).

(2). The local authority shall immediately inform, in writing, the Mayor of Municipal Board's request.

(3). When there is a decision of the Board of eligibility referred to in paragraph 1 for the suspension of the Mayor, shall be appointed by the Municipal Council according to the rules laid down in article 24, paragraph 1, one of its members to serve as Mayor.

(4). If the suspended Mayor loses his eligibility because of punishment for those referred to in paragraph 1 criminal offences and therefore resign from the Municipal Council after the relevant provisions of the law on municipal and regional elections, continues the pursuant to paragraph 3 acting Mayor as Mayor for the remainder of the term.

(5). Dismissed the suspended mayor by final judgement, abandonment proceedings, or take Eligibility Committee after final judgment or adopting a decision to fine the suspended Mayor must be considered as a candidate, he or she is reinstated in the position in the remainder of the term. The Mayor is reinstated, however, only after a frifindende judgment in the High Court, when the deadline for applying for leave to appeal to the Supreme Court has expired, without prior application has been filed, or, if the application previously filed, when the Mayor is finally acquitted.

(6). The public prosecutor shall inform the local authority about charges against a mayor for the offence under the law can result in imprisonment for 4 years or more.

(7). Remuneration paid to a suspended Mayor ceases at the end of the month in which the Tribunal shall decide on the suspension of eligibility. Rejoins the suspended Mayor in his duties, without prejudice to article. paragraph 5, he or she will claim upon payment by the Mayor's consideration for the suspension period.

(8). Paragraphs 1 to 7 shall apply mutatis mutandis to a magistrate's Member and a Chairman of a municipality that is governed according to the rules of both section 64 (a) and section 65. It is, however, the choice group in the Municipal Council, which has appointed a suspended Member, to designate the Member who temporarily to carry out the duties.

§ 66 c. Has a mayor in or outside his duties not proved worthy of the esteem and trust that the Office requires, and adopts the Municipal Council that the Mayor for this reason does not enjoy the confidence of the Board of Directors and must be set aside, municipal is considered exempt from his duties as Mayor.

(2). To an adoption after paragraph 1 required that at least nine-tenths of all the members of the Board of Directors of the proposed treatments by local municipal Council, see. (3) votes for adoption and its justification, except that it is sufficient that each municipal board members in addition to the Mayor votes therefor.

(3). Proposal on dismissal of the Mayor in accordance with paragraph 1 shall be subject to two treatments in the Municipal Council with at least 6 and no more than 12 days apart. The Municipal Board's decision adopted in accordance with paragraph 1 and its justification must be included in the draft Protocol after each treatment, see. § 13. The local authority shall immediately inform, in writing, the Mayor of adoption in accordance with paragraph 1.

(4). The Mayor may participate in municipal Board's treatment and vote.

(5). When there is a decision in accordance with paragraph 1, selects one of its members to the municipal mayor for the remainder of the term of Office in accordance with the rules laid down in article 24, paragraph 1.

(6). The deposed Mayor can bring the legality of Municipal Board's decision adopted in accordance with paragraph 1 of the Eligibility Committee. Complaint shall be submitted to the Board no later than 14 days after the Municipal Board of Directors 2. treatment of the proposal for dismissal.

(7). Eligibility Committee shall take a decision on the adoption referred to in paragraph 1 have not been legal, rejoins the deposed Mayor for the remainder of the term.

(8). Remuneration paid to the deposed Mayor ceases at the end of the month in which the Municipal Council shall take a decision on dismissal in accordance with paragraph 1. Rejoins the deposed Mayor in his duties, without prejudice to article. paragraph 7, with respect to payment transactions shall be treated as if the dismissal was not happened.

(9). Paragraphs 1 to 8 shall apply mutatis mutandis to a magistrate's Member and a Chairman of a municipality that is governed according to the rules of both section 64 (a) and section 65. It is, however, the choice group in the Municipal Council, which has appointed the ousted member to occupy the Office.

§ 66 d. A mayor has the right to get the costs of the lawyer, the Mayor chose to represent himself or be assisted by in a case under section § 66 a-66 (c), paid for by the municipality in accordance with the rules laid down in paragraphs 2 and 3.

(2). The expense must be related to a case under section § 66 a-66 c.
(3). The Municipal Council shall determine the fees and remuneration to the lawyer after the tariffs applied to court-appointed defenders in criminal cases.

(4). Paragraphs 1 to 3 shall apply mutatis mutandis to a magistrate's Member and a Chairman of a municipality that is governed according to the rules of both section 64 (a) and section 65. '

§ 2

In the law of the regions referred to in article 6. lovbekendtgørelse nr. 972 of 25. July 2013, shall be amended as follows: 1. In section 10, paragraph 2, the words ' section 8, paragraphs 2 to 6, ' to: ' section 8, paragraphs 2 to 7. '

2. In paragraph 35 (a), paragraph 2, the words ' the law on klagenævnet for Udbud ' to: ' law on the enforcement of procurement rules, etc. ' 3. In § 38, 1. paragraph, the words ' § 66 of the Mayor's functional refusal ': ' § § 66-66 d on the Mayor's dismissal or suspension ".

§ 3

Of the law on municipal and regional elections, see. lovbekendtgørelse nr. 127 of 11. February 2013, shall be amended as follows: 1. In section 105 shall be inserted after paragraph 1 as new paragraph: "(2). Eligibility Committee shall take a decision on dismissal and suspension of a mayor or other corresponding proprietor of a municipal office or a regional Chairman in accordance with the provisions of §§ 66 a-66 (c) of the law on local government administration, see, as regards the regions rådsformænd, § 38 of the regions. '

Paragraphs 2 and 3 shall become paragraphs 3 and 4 hereafter.

2. section 105, paragraph 2, 1. and 2. point, there will be (3) 1. and 2. paragraph, shall be repealed, and replaced by:

» Eligibility Committee consists of 1 President and 1 Vice-President, who are appointed by the Minister for the economy and the Minister of the Interior, and 3 other members, of which Danish regions and at each appoint 1 member, and economy-and the Minister of the Interior shall appoint 1 member who is knowledgeable in administrative law. Danish regions and also appoints a substitute for at each of the 2 members associations shall designate. Economy-and the Minister of the Interior shall appoint a substitute for the Member who is knowledgeable in the law. '

section 4 of the law shall enter into force on the 1. January 2014.

§ 5 paragraph 1. Members and delegates of the Eligibility Committee are appointed for the first time according to the rules in section 3, nr. 2, for the period from 1 January 2007. April 2014 to 31. March 2018.

(2). § 3, nr. 2, shall not apply to decisions of the Board shall take before the Eligibility 1. April 2014. For such decisions will find the existing rules in section 105, paragraph 2, of the law on municipal and regional elections apply.

(3). Is a mayor or other corresponding proprietor of a municipal office or a regional politician suspended prior to the entry into force of the Act, the existing rules in section 66, paragraph 5, of the law on local government administration, see. also, section 64 (a), (3), 2. item, in the same law and section 38 of the Act, continues to apply.

Given at Christiansborg Palace, on 17 March. December 2013 Under Our Royal hand and Seal MARGRETHE r./Margrethe Vestager

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