| Guiding principle: |
Art. 12.3 of the Charter means that, in the case of the termination of the term of office of a newly elected council member, substitutive (new) elections are not needed since the council member whose term of office terminates is replaced by the next candidate (opposition candidate) following the first candidate as regards the number of obtained votes. The matters concerns regulation which is contrary to the very character of a majority electoral system on the basis of which voters select among individual candidates. Art. 12.3 means substantial divergence from the principle of a majority electoral system, which is not required by the need to adjust the particularities of the election of council members of municipal self-governing national communities. Thus it is inconsistent with Art. 29 of the Local Election Act. Since the mentioned provision makes it possible for the candidate who was not elected by the voters to acquire term of office, also the voting right determined in Art. 43 of the Constitution is thereby violated. Therefore the Constitutional Court annulled Art. 12.3 of the Charter (Indent 2 of the disposition). |