STATE AND LOCAL GOVERNMENT ADMINISTRATION IN THE CONTEX OF THE PRINCIPLE OF INCOMAPATIBILITY OF A PARLIAMENTARY MANDATE
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The categories of '(state) government administration' and 'local government administration' are ambiguous and its content is not easy to define. Normative exponents are not sufficient, especially in relation to state government administration (the notion of local government administration is, in a degree, oriented by legal regulations). The categories of state and local government administration can be perceived from narrow or wide perspective. In a narrow sense, these categories include administrative organs and offices belonging to the functional organization system directed by the Council of Ministers or functioning within the organizational structures of self-governing communities. In a wider sense, these categories also comprise other entities counted among units of state or local government administration on the basis of additional criteria. Which approach (wide or narrow) should be used in relation to the application of the principle of incomapatibilitas? From the literal wording of Article 103 of the Constitution and Article 30 paragraph 1 of the Act on the Exercise of the Mandate of a Deputy or Senator, it follows that, they relate to the category of state and local government administration in its absolute meaning, and that both the Constitution and the statute do not envisage any additional criteria in order to narrow the meaning of both categories for the purposes of regulations contained in these acts. In these circumstances which may cause quite irrational effects in relation to the extent of the above-mentioned prohibitions for the exercise of the mandate of a deputy or senator, two suggestions may be made. Firstly, there is a need for strict and accurate application of classification criteria to discriminate between state and local government organization units and, secondly, additional criteria should be applied, such as the criterion of. predominance of administrative functions over other functions within the scope of activities of a given organizational unit or the criterion of the character of a position held by a given person in the organizational unit. However, finding a general solution requires interference of the norm-giver, on the level of a constitution, or at least ordinary law, which would specify in an unequivocal (and restrictive manner) the limits of organizational area of state and local government administration in relation to the application of he principle of incompatibility of a parliamentary with employment in the units of these levels of administration.
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