Recall

Dismissal refers to the withdrawal of an office, a position or an order, e.g. B. the recall from a diplomatic mission, a political office or a managerial function in business life.

diplomacy

The dismissal of an envoy completed with the handing over of the letter of resignation to the foreign head of state means, if not concerning the person of the envoy ( persona ingrata ), the breaking off of diplomatic relations.

politics

The popular law of recall allows a political body or individuals to be removed from office in various countries and their federal states by collecting signatures and, if necessary, a subsequent referendum. The dismissal can lead to new elections of the legislature (e.g. a parliament), the executive (e.g. a city president) or the judiciary (e.g. a single judge).

Situation in Switzerland

In the Swiss cantons of Bern , Uri , Schaffhausen , Solothurn , Thurgau and Ticino , this popular law allows the early election of the cantonal government by collecting a certain number of signatures .

In the same cantons with the exception of Ticino , the recall of the cantonal parliament can also be requested before the end of the legislative period. In the canton of Uri, all the authorities elected by the people can be recalled, including the Council of States and the Higher Court.

At the municipal level, the municipal executive can be dismissed early in the cantons of Uri (quorum: at least 10% of those eligible to vote) and Ticino (quorum: at least 30% of those eligible to vote).

The right of recall was a classic demand of the democratic movement of the 19th century and accordingly more widespread earlier. The relatively short term of office of the authorities of four years on the one hand and the time and organizational effort required to collect the signatures up to the date of the referendum on the other hand, of course, stand in the way of exercising this popular right; it has only been used very rarely. On the occasion of constitutional revisions, it was therefore recently deleted from cantonal state law in the cantons of Lucerne , the canton of Basel-Landschaft and Aargau .

For further details, see the articles Cantonal Government and Cantonal Parliament .

Corporate law

The term dismissal is mainly used in company law : The dismissal is the "unilateral termination of the position of an organ in a corporation ". This can concern, among other things, a board member of a stock corporation or an association or a managing director of a GmbH . The dismissal is to be published in the commercial register . Due to the so-called freedom of dismissal, there are often no deadlines to be observed and in many cases no justification is required.

Web links

Wiktionary: Removal  - explanations of meanings, word origins, synonyms, translations

literature

• Gerhard Köbler : Legal dictionary. For study and training. 17th edition. Verlag Franz Vahlen, Munich 2018, ISBN 978-3-8006-5881-7 : Removal
• Alpmann Brockhaus: Study Lexicon Law. , ed. by Annegerd Alpman-Pieper, u. a. 3. Edition. Beck, Munich 2010, ISBN 978-3-406-57917-2 : Removal

Individual evidence

1. ^ Alpmann Brockhaus: Study Lexicon Law. , ed. by Annegerd Alpman-Pieper, u. a. 3. Edition. Beck, Munich 2010, ISBN 978-3-406-57917-2 : Removal