LOCAL RECALL IN EUROPEAN LEGAL PRACTICE: A HYBRID OF DIRECT AND ELECTORAL DEMOCRACY
LOCAL RECALL IN EUROPEAN LEGAL PRACTICE: A HYBRID OF DIRECT AND ELECTORAL DEMOCRACY

Summary/Abstract: Recall of elected officials is a powerful tool that can be used by citizens to exercise oversight and control over their representatives. In recent years, this legal mechanism has been gaining importance, given the weakening connection between citizens and representative institutions in most modern democracies. This practice is particularly pronounced at the local level, where the performance of public officials is more visible. The subject of this paper is to analyze recall of local officials in Europe and the variations in legal norms across various legal systems. In researching this topic, it was necessary to combine the use of legal and political science methods in order to interpret formal rules and legal regulations, but also factors that influence the functioning of this legal mechanism. As the title itself suggests, this mechanism can be a hybrid of direct and electoral democracy. Initiating the procedure for the recall of an official may also mark simultaneous slating of elections for his/her replacement. The analysis does not involve case studies, but focuses on some characteristic solutions and models. It also explores the variations of this legal concept. For example, in some cases, recall is initiated by citizens through an initiative, while in other legal systems, a local referendum is necessary. In comparative practice, differences also exist in the number of signatures required, as well as in the basis for initiating the procedure. In the conclusion, we review the de lege ferenda solutions that could find their place in the Serbian legal system, given the negative experience after 2004 and implementation of the directly elected mayor model (a one-off model only applied at that time), when recall cases were frequent due to cohabitation at the local level, leading to problems in the functioning of local self-government units.

• Details
• Contents