A representative (formerly known as an "ablegát") is a person who represents citizens in representative democracies when decisions are made in representative bodies. Representative bodies can be established at various levels. In Slovakia, there are four levels of representative bodies:
- European Parliament – at the European Union level,
- National Council of the Slovak Republic – at the national level,
- Regional Councils – at the regional level,
- Municipal, City, and Local Councils – at the municipal, city, or district level in Bratislava or Košice.
A municipal council is the representative body of a municipality composed of members elected in direct elections by the municipality’s residents for a four-year term. The office of council member is incompatible with the office of:
- mayor,
- an employee of the municipality in which the council member was elected (this does not apply if the municipal employee is on long-term leave to perform the duties of a council member—pursuant to Section 136(2) of the Labor Code, as amended by Act No. 210/2003 Coll.),
- a statutory body of a budgetary organization or a subsidized organization established by the municipality in which he or she was elected,
According to Section 25 of Act No. 369/1990 Coll., the Act of the Slovak National Council on Municipal Administration, the duties and powers of council members are as follows:
Duties:
- take the oath of office at the first meeting of the municipal council in which they participate,
- attend meetings of the municipal council and its bodies to which they were elected,
- comply with the municipal statute, the rules of procedure of the municipal council, and the principles of remuneration for council members,
- defend the interests of the municipality and its residents,
- inform voters, upon request, about their activities and those of the municipal council,
- deepen their knowledge necessary for the performance of their duties as a council member.
Powers:
- submit proposals to the municipal council and other bodies,
- question the mayor and members of the municipal board on matters related to the performance of their duties,
- request explanations from the directors of legal entities established or founded by the municipality regarding matters related to their activities,
- request information and explanations from natural and legal persons conducting business activities in the municipality regarding matters related to the consequences of their business operations in the municipality,
- participate in inspections, audits, and the handling of complaints and reports conducted by municipal authorities,
- request explanations from state authorities on matters necessary for the proper performance of the representative’s duties.
A representative’s term of office shall expire:
a) upon refusal to take the oath or upon taking the oath with reservations,
b) upon the expiration of the term of office,
c) by resignation from the office (the representative’s mandate terminates upon resignation only if the resignation was made orally for the record or in writing; in the case of a written resignation, its effects take effect upon delivery to the municipal office. A resignation from the office cannot be revoked),
d) a final conviction for an intentional criminal offense or a final conviction for a criminal offense, provided that the execution of the prison sentence has not been conditionally suspended,
e) deprivation of legal capacity or restriction of legal capacity,
f) a change of permanent residence outside the municipality’s territory; in cities with self-governing city districts, also in the event of a change of permanent residence outside the city district in which the council member performs their duties,
g) if, during a period of one year, he or she does not attend a single meeting of the municipal council,
h) in cases under Section 11(2), if the council member does not take legal action to resolve the conflict of interests within 30 days of the date the conflict of interests arises,
i) dissolution of the municipality, or
j) death.
It is important for council members to be aware of their rights and obligations under Act No. 369/1990 Coll., the Act of the Slovak National Council on Municipal Administration, as there are very frequent instances of abuse of public office under Section 326 of Act No. 300/2005 (Criminal Code).
