Permanent place of residence in the municipality as the basic requirement of the electoral register and participation in the municipal authorities elections or in minicipal referendum

Abstract

In case of the elections of the municipal authorities and municipal referendum one of the qualifications is the permanent place of residence. The term „residence” has always bees problematic. It can be interpreted from the administrative or civil perspective. In the first case, it is the place of residence that decides about the habitation while in the second case, all together: physical residence in a specific location (corpus) and the will of remaining in this place (animus). The doctrine and juridiction stand for the second concept. A person who is not registered in the municipal but is its resident, can be signet in the electoral register if requested. Homever, actual residence must be verified before. One can be registered in only one electoral register. It raises a question though if those who reside in two different locations should not be registered in two electoral registers.