Under the statute governing the City Municipality of Ljubljana, specific protocols dictate the procedure if the mayor determines that a general legal act, or a portion thereof, is unconstitutional or unlawful. In such instances, the mayor possesses the authority to withhold the publication of the act. According to expert legal analysis, this action mandates that the mayor must formally notify the city council in writing no later than eight days following the act’s adoption.
This notification must clearly articulate the grounds for the proposed withholding and must simultaneously recommend that the city council reconsider the matter at its subsequent meeting. During this re-decision process, the city council has the power to debate the specific articles cited by the mayor as problematic, thereby determining necessary amendments to the original legislation. The precise steps for this re-decision are detailed within the city council’s established rules of procedure.
Should the city council ultimately uphold the original decision despite the mayor’s objections, the general act will proceed to publication. In this scenario, the mayor retains the statutory right to elevate the matter, filing a request with the Constitutional Court to assess the act’s compatibility with the Constitution and existing law. This mechanism ensures a structured, multi-layered review process for significant municipal legislation within the city of Ljubljana, maintaining the integrity of the local legal framework.
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