In the matter exclusion of a councilor from voting

Abstract

In order to ensure that councillors perform their duties reliably and objectively, the legislator introduced a ban on councillors participating in votes concerning their legal interests into local government laws. According to the legislator's will, legal regulations are to ensure that councillors exercise their mandate honestly and protect against pressure from local government bodies, as well as prevent them from profiting from their mandate. In order to determine the scope of excluding councillors from voting, it is of fundamental importance to establish the concept of legal interest, which has no legal definition. In the light of doctrine and case law, it is unanimously accepted that a councillor's legal interest should result from a specific legal provision, regardless of whether it is a provision of substantive, procedural or systemic law. However, the ban on councillors participating in votes should not be applied to electoral votes, because it does not seem that a councillor has a legal interest in voting concerning members of the committee, the chairman of the council in a situation where he is a candidate.