Legal interest as a criterion for excluding a local councillor from voting

Abstract

The paper deals with one of the major institutions of communal law: a regulation pertaining to the regime of self-government. This regulation is at the same time part of the provisions referred to as anti-corruption law. The question in focus is when a local councillor may be excluded from voting, or, in other words, be deprived of this basic right of participating in decision-making.
It is then concluded that the exclusion of a local councillor’s right to vote may only be legitimate in the context of voting on matters in which a councillor is acting in the capacity of (or on behalf of) an administered entity. Exclusion may not occur, however, in situations in which a local councillor is acting as a representative of a self-governing community. Respective judicial decisions and
opinions presented in the doctrine are subjected to critical analysis.