https://doi.org/10.31648/cetl.6213
The aim of the article was to find an answer to the question about clean criminal records of both candidates for the post of commune head and commune heads themselves. As can be easily noticed, the regulations on this issue have slightly changed over the last 10 years. The provisions of two basic laws (on this matter) that I analyzed confirmed that the legislator deliberately broke the basic principle of decent legislation, namely the principle of definitiveness of law.
In February 2019, the parliament amended one of the provisions of the Electoral Code, but did it very clumsily. The amendment to the law, on the one hand, corrected a previous error by eliminating the conflict between provisions, but on the other hand, it led to a situation where doubts of a constitutional nature appeared. I am not able to accept a structure of the law that differentiates between the right to stand for election (in terms of a clean criminal record) and reduces this right to the consent of the legislator, so that councilors or members of parliament can be punished with penalties other than imprisonment, and commune heads are prevented from holding office if they have been penalized with a fine or restriction of liberty.
Of course, I fully support the requirement of a clean criminal record for both candidates for the post of commune head and incumbent commune heads, regardless of the type of sentence imposed, but I do not support differentiating the requirement of a clean criminal record depending on the post in question.
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