The interior gave Spolu the go-ahead for casting in Prague. They buy the legal opinion
The Spolu coalition (ODS, TOP 09 and KDU-ČSL) agreed with ANO to elect Svoboda as mayor, but not to elect the other ten councillors. He had the procedure sanctified by the opinion of the interior. Svoboda should not become a member of the council, but he should have all the legal powers of the mayor with a vote at council meetings.
Lisse believes that the law on the capital city of Prague aims to elect the mayor, deputies and all other council members at once as the optimal conceptual solution.
“Opponents of this view can argue that the law does not stipulate such a requirement anywhere. If we accept such an argument, we will come to the conclusion that the council can only elect the mayor, and not the deputies and other council members at the same time. In such a case, however, we have to deal with the question of how to legally and procedurally cleanly “remove” the current mayor,” he told Novinkám.
According to Lisse, the law only remembers cases when the current mayor is removed from office, or resigns, or dies.
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“Therefore, we can conclude that before electing a new mayor, the council should dismiss the current mayor, who would cease to be a member of the council at the moment of the dismissal. A new mayor would subsequently be elected in his place, who would become a member of the council instead of the current (retired) mayor. Such a procedural sequence gives logic and complies with the text of the law,” he told Novinkám.
“The construction, according to which a new mayor is elected and thus the current mayor “falls” to the level of an ordinary member of the council, does not make sense, because then the council would have one more member (which the law does not allow), or (in order to still have 11 members) it would have to state the new mayor outside the council, which the law (also) does not provide,” added Lisse.
The position of the Ministry of the Interior, as quoted by the media, namely that “…it is possible to elect a new mayor without being a member of the council, whereby the current mayor and deputies would slide down to rank-and-file councilors, and the mayor would then have his powers, as long as he could not vote”. Lisse doesn’t share.
“It is not possible to elect a new mayor as a non-member of the council without being a member of the council, and even the subsequent construction that the current mayor and deputies would “slip” to rank-and-file councilors, in my opinion, has no basis in the text or meaning of the law. As well as the idea that the new mayor would subsequently “dispose of his powers, he just wouldn’t be able to vote,” Lisse concluded.
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The question of powers does not appear to the lawyer and members of the board of Transparency International Pavlo Uhl either. “The existing mayor and deputies should be members of the council until the entire new council is elected. The new mayor would not be a member of the old council, I agree with that. But I’m not sure if he would have the powers. This question can be controversial,” he told Novinkám.
“The law does not foresee such a situation. Personally, I think that the interpretation that the new mayor assumes competence only when a new council is elected should prevail, because the logic of his function is connected with the council. Similar to the case with the prime minister,” he added.
According to Úhl, it also depends on how the lawyer interprets the law. The Supreme Administrative Court must decide on this. According to their representative Viktor Mahrik, the Pirates want to drive the whole thing to him. “If somebody takes this to court, I think my opinion will prevail over the opinion of the Department of the Interior,” Uhl noted.
“Now no one will say how good it is and how bad it is. Everyone can only say their opinion until the court judges it,” he concluded.
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