THE IMPACT OF THE RESIGNATION OF THE MANDATE BY THE COMMUNE ADMINISTRATOR ON THE SPHERE OF THE EMPLOYMENT RELATIONSHIP OF HIS DEPUTY

Abstract

Due to the special relationship that takes place between the commune head and his deputy, it is worth considering the issue of the impact of the resignation of the mandate by the commune head on the sphere of the employment relationship of the deputy commune head before the end of the term of office. Such a waiver, in accordance with Art. 492 § 1 point 3 of the Electoral Code results in the expiry of the mandate of the commune head, and this in turn, pursuant to Art. 28e of the Act on Municipal Self-Government, is tantamount to dismissal of his deputy. The problem, however, is that this solution raises numerous doubts and questions about: What are the effects of such a dismissal in the sphere of the employment relationship of the deputy mayor? How is it different from the traditional appeal made by the mayor himself? With what moment is the deputy dismissed and with what termination of his employment relationship? What is the impact of the failure to submit the so-called the final asset declaration? In this study, the author carries out a thorough analysis of the title research issue, trying to answer all the questions and doubts that arise in this context