The Plenary Session of the Council of State considered that the legislation of 2019 for the elections in the Local Self-Government (Municipalities and Communities) and specifically the process of appointing deputy mayors in the island municipal communities after the municipal elections are unconstitutional.
More specifically, the Plenary Session of the CoE (president Dimitris Skalstounis and rapporteur Stavroula Ktistaki) ruled that it is unconstitutional to change (law 4623/2019) the manner of election of deputy mayor of a Community of more than 300 inhabitants immediately after the municipal elections of 26 May. June 2019.
Specifically, it was deemed contrary to Article 5 of the Constitution for the right to vote and to be elected as it distorts the expressed will of the voters of the island municipal communities.
Finally, according to the SC, the law in question violates the principles of popular sovereignty, equality of the conditions of electoral competition and the free and unfettered expression of popular opinion, which govern the elections for the promotion of the principles of local self-government bodies and result from Articles 1, 4, 5, 51, 52 and 102 of the Constitution
