Administrative Supervision of Municipalities: Development, LegalRegulation and Problems
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Abstract
Before the approval of the Constitution of Republic of Lithuania, a lawfulness of activities of municipalities was supervised by prosecuting institutions. The Constitution of Republic of Lithuania approved on 25 October 1992 foresees a special official for general legal supervision of municipalities; such official should be a Representative of the Government. The powers and the procedure of their realization are provided by the Law on a Representative of the Government approved on 1 July 1993.
In December 1996, the institution of the Representative of the Government was liquidated and a supervision of lawfulness of activities of municipalities was transferred to heads of counties. The latter practiced these powers for the period of one year and half. The Constitutional Court in its resolution dated 18 February 1998 stated that merging of the constitutional institute of administrative supervision of activities of municipalities with another institute (heads of counties) contradict the provisions of the Articles 120 Part 2, Article 123 Parts 2 and 3.
On an implementation of the above–mentioned resolution of the Constitutional Court, the Law on an Administrative Supervision of Municipalities had been developed and approved on 14 May 1998. The expert group formed by European Council in 2001 assessed the local level of democracy in Lithuania and recommended to provide an advantage to motivated recommendations, not to supervision, in order to suspend an implementation of decisions of local authorities. This resulted a development of the Law on Alteration of the Law on an Administrative Supervision of Municipalities and its approval on 10 December 2002.
Although the said Law annulled the right of Representatives of the Government to suspend an implementation of decisions of local authorities, it extended their rights. Municipalities particularly negatively assess the provision that obliges them to provide all projects of legal norms approved by councils of municipalities, mayors and directors of municipal administrations to the service of the Representative of the Government. The requirements to a pretender to a post of the Representative of the Government were assessed negatively as well, because a juridical education is not required. The new redaction of the law had not settled other aspects of the activities of Representatives of the Government that were negatively treated up to now. For example, their reports on activities to be provided to municipalities, the Ministry of Interior and the Government are of a statistical character only and do not perform any preventive functions.
In the Article, the legal status of the Representative of the Government, the internal organizing structure of their services, the forms of realization of powers of Representatives of the Government and the problems of their activities are discussed as well.
In December 1996, the institution of the Representative of the Government was liquidated and a supervision of lawfulness of activities of municipalities was transferred to heads of counties. The latter practiced these powers for the period of one year and half. The Constitutional Court in its resolution dated 18 February 1998 stated that merging of the constitutional institute of administrative supervision of activities of municipalities with another institute (heads of counties) contradict the provisions of the Articles 120 Part 2, Article 123 Parts 2 and 3.
On an implementation of the above–mentioned resolution of the Constitutional Court, the Law on an Administrative Supervision of Municipalities had been developed and approved on 14 May 1998. The expert group formed by European Council in 2001 assessed the local level of democracy in Lithuania and recommended to provide an advantage to motivated recommendations, not to supervision, in order to suspend an implementation of decisions of local authorities. This resulted a development of the Law on Alteration of the Law on an Administrative Supervision of Municipalities and its approval on 10 December 2002.
Although the said Law annulled the right of Representatives of the Government to suspend an implementation of decisions of local authorities, it extended their rights. Municipalities particularly negatively assess the provision that obliges them to provide all projects of legal norms approved by councils of municipalities, mayors and directors of municipal administrations to the service of the Representative of the Government. The requirements to a pretender to a post of the Representative of the Government were assessed negatively as well, because a juridical education is not required. The new redaction of the law had not settled other aspects of the activities of Representatives of the Government that were negatively treated up to now. For example, their reports on activities to be provided to municipalities, the Ministry of Interior and the Government are of a statistical character only and do not perform any preventive functions.
In the Article, the legal status of the Representative of the Government, the internal organizing structure of their services, the forms of realization of powers of Representatives of the Government and the problems of their activities are discussed as well.
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Please see Copyright and Licence Agreement for further details.
