Appointment to Work on the Basis of an Election

The offices which are held on the basis of an election shall be specified by a law, an act of the Council of Ministers or by-laws. An election shall be held for an office which is vacant or is to be vacated, as well as in case of a prolonged absence of the person holding it. The term for which the person is elected shall not be longer than 5 years.

The candidates for elective office shall be nominated by bodies and persons specified by a law, an act of the Council of Ministers or statutes. The candidate for an elective office may also nominate himself. An unlimited number of candidates may be nominated for one and the same elective office. The election shall be held after the candidate has given his consent in writing. An election shall be also held in the event that there is only one candidate.

The election shall be held by an electoral body established by a law or an act of the Council of Ministers. An election shall be held if more than half the persons entitled to vote are present. The vote shall be open, unless the body which elects decides on a secret ballot. The candidates for the elective office who are members of the electoral body shall not be counted when establishing the number of those present, and shall not vote. A separate vote shall be held for each elective office. The candidate who has won the greatest number of votes, but not less than half the number of those who have voted, shall be considered elected. The employment relationship shall be created from the moment of announcement of the elected candidate. The person elected shall start work within 2 weeks after receiving the notification of the election result. In the presence of cogent reasons this term may be up to 3 months. The performance of the obligations under the employment relationship shall begin with the assuming of the duties by the elected person. The employment relationship created pursuant to an election shall remain in force after the expiration of the specified term until another person is elected. In case the new election leads to the electing of the same person, the employment relationship with him shall be extended for a new term. In case the election has ended without the election of any of the candidates, the employment relationship with the person holding the office for which the election is held shall continue until the successful outcome of the next election. The employment relationship with the elected person who has not started work within the period stated above shall be considered to not have arisen.

The disputes as to the legality of the election shall be heard by the district court upon the request of any candidate or of the employer, within 2 weeks after receipt of the result. In case the Court finds the election to be legal, it shall sustain it and the employment relationship shall be created pursuant to the election, and in case the court finds the election to be illegal, it shall overrule it and a new election shall be held.