Polity Atlas

Procedimento de revogação de mandato e destituição

Duas vias distintas para pôr termo antecipado a um mandato: uma votação de revogação, desencadeada por petição, sobre a confiança, e a destituição por conduta imprópria comprovada, decidida por um tribunal independente, com limites contra abusos.

Componente · charterLicença aberta · CC BY-SA 4.0Não é um modelo jurídico
BifurcarUsar no Polity Lab
Comparar
+16 · −6
2424 3. The office-holder is recalled if a majority of votes cast answer no and at least 30% of eligible members take part.
2525 4. The office-holder may publish a statement of up to 500 words, distributed with the official notice of the vote at the polity's expense.
2626
27−## Article 3. Vacancy
28−
29−1. A recalled office-holder leaves office when the result is certified.
30−2. The vacancy is filled by the method used for the original election or selection, for the remainder of the term.
31−3. A recalled person may stand again at the next ordinary election.
32−
3327 ## Article 4. Limits
3428
3529 1. No petition may be lodged against an office-holder during the first 120 days of a term or the last 120 days before an ordinary election to the same office.
4337 4. The office-holder has the right to see the evidence, to be represented, to call witnesses and to reply in writing and in person.
4438 5. The tribunal decides on the balance of probabilities and gives written reasons. If it finds misconduct proved, it may remove the office-holder and may bar them from office for up to five years.
4539 6. Pending the decision, the office-holder stays in office unless the tribunal orders a temporary suspension because evidence or members are at risk.
40+
41+## Article 6. Safeguards against abuse
42+
43+1. Spending by any person or group on a recall campaign is capped at the cap that applies to an ordinary election for the same office, and every contribution above a small threshold is published within seven days.
44+2. Signatures may not be paid for per signature.
45+3. An office-holder may face no more than one recall vote in any 12-month period, whether the petitions come from the same or different groups.
46+4. Members selected by lot to a deliberative body may not be recalled; they may be removed only for misconduct under Article 5, so that the random sample is not reshaped by organised campaigns.
47+
48+## Article 7. Interim office and successor
49+
50+1. When the result is certified the deputy, or if none the longest-serving member of the same body, holds the office ad interim for no more than 90 days and may take only decisions that cannot wait.
51+2. The successor is chosen by the ordinary method. The ballot for the successor is never combined with the recall question, so that a successor cannot win office with a small plurality while the recalled person is excluded from the field.
52+
53+## Article 8. Records and review
54+
55+The registrar publishes a yearly record of petitions lodged, verified and voted on, with turnout and results. Every five years the assembly reviews the thresholds in Articles 1 and 2 against that record.
Propor uma emenda