2024-07-31 11:59:39
The temporary administration supported the draft decision on the withdrawal of the application submitted by the ST of Rēzekne City Council. Before the vote, the head of the temporary administration, Guna Puce, explained that the decision was based “basically on the financial situation”.
The temporary administration has not questioned the right of the dismissed city council members to turn to ST themselves, of which the members have also been informed.
“Let this [pieteikuma izskatīšanas] the process would not be discredited, we will withdraw the application submitted on behalf of the council,” explained Puce, adding that ST will have the opportunity to assess what to do with the application and the process after the decision of the temporary administration.
Previously, ST agency LETA did not provide an accurate assessment of whether the temporary administration can withdraw the application to ST. ST alone indicates that upon receiving a request for termination of legal proceedings, the court evaluates whether the request was submitted by a person who is entitled to do so. In the specific case, whether the temporary administration is entitled to withdraw the application, ST will be able to decide only after considering a specific request.
In case the application is withdrawn by a person who has the right to it, ST is not obliged to terminate the legal proceedings. The court can continue legal proceedings if it is necessary to prevent a significant threat to public interests, give an assessment on constitutionally important issues or for other reasons, notes ST.
As reported, ST initiated a case regarding the compliance of the provisions of the Law on Dismissal of the Rēzekne Municipal Council and the Election Law of the Municipal Council with the Constitution.
The application was submitted on behalf of Rēzekne City Council. The decision to appeal to the ST was made by the majority of the sacked deputies at the penultimate council meeting, with the opposition members opposing the plan to appeal to the ST on behalf of the entire council and urging Aleksandar Bartaševič’s “Together with Latvia” party, which ruled Rēzekne, to take such a step themselves.
With the law on the dismissal of the Rēzekne municipal council, the council was dismissed. On the other hand, the Law on Dismissal of the Rēzekne Municipality Council and the Law on Elections of the Municipality Council stipulate that until the next council elections, a temporary administration operates in the Rēzekne Municipality.
The applicant states that the disputed norms have terminated the activity of the council and appointed a temporary administration, which will operate until the next council elections on June 7, 2025.
During this time, the democratically legitimized council as a self-governing institution elected by local residents will not be functioning in Rēzekne municipality. In the opinion of the applicant, the disputed norms are not proportionate and violate the principle of local government, as they deny it the right to manage its administrative territory by itself in the interests of the residents.
2024-07-31 11:59:39