Today, the government council adopted the draft law on the rights and duties of local elected representatives as part of the revision of the municipal law. These texts provide for the introduction of deontological principles, the adaptation of cases of incompatibility with the mandate of municipal councillor, the adaptation and increase of political leave and better legal protection for representatives by abolishing the criminal immunity of municipalities.
It should be recalled that the government had committed, in December 2018 and through the coalition agreement, to begin "the general overhaul of the communal law which will be adapted to modern times". All the proposals in this draft law are the result of a consultation exercise, or more precisely, a co-construction exercise, resulting from the participatory process "mateneen fir eng modern Gemeng".
Taina Bofferding rejoices: "A year before the municipal elections, I presented our proposals to improve the framework of the mandate of the local elected representative and to make it more attractive, while taking into account the new challenges of this noble function at the service of citizens.
As far as the establishment of deontological principles is concerned, precise rules are laid down which are applicable to local councillors in the exercise of their functions. One of the objectives is to increase transparency. In close cooperation with Syvicol, which wanted such clarification, the relevant draft law establishes standards of behaviour that local councillors must adopt in the exercise of their functions and that citizens are entitled to expect from their representatives.
With regard to the adaptation of the cases of incompatibility with the mandate of municipal councillor, modifications and clarifications have been made in order to clarify these cases.
In addition, the political leave of mayors, aldermen, municipal councillors and representatives in inter-municipal unions is adapted in order to increase the availability of local elected representatives so that they have more time to devote to the exercise of their duties, in the interests of the municipality. The individual hours to which the members of the town council are entitled and the quota of hours per town council to be distributed shall be increased. In addition, political leave will change its name to " leave for political activities ".
Finally, the criminal immunity of municipalities is abolished in order to protect members of the legal bodies of municipalities and similar entities who are held criminally liable for acts committed in the exercise of their functions as public officials. Following court cases involving the criminal responsibility of members of the college of burgomasters and aldermen, it became urgent to create a special regime of criminal responsibility for elected representatives without offering them criminal immunity, with the intention of promoting the local political mandate and local democracy.
Press release by the Ministry of Home Affairs