Republic of Lithuania

Republic of Lithuania Republic of Lithuania Law on the Government Representative 1 July 1993 No. I-200 Vilnius Article

1. The Representative of the Government of the Republic of Lithuania shall supervise the compliance with the Constitution and laws of the Republic of Lithuania and the implementation of Government decrees by the local authorities. The Government Representative must check whether or not the decisions taken by collective and non-collective bodies of local authority violate the rights of citizens and organisations, and whether or not the officers of local authority implement the decrees of the Government. Article
2. The Government Representative shall have the right to: 1) receive, during inspections, the originals of the decisions taken by the bodies of local authority and, as necessary, explanations of the chief officers concerning the purpose of said decisions and the circumstances under which they were taken, and the ways and means of their implementation; in other cases - copies of minutes of sessions and meetings and of adopted documents as well as other explanatory material; 2) take part in the sessions of municipal councils, meetings of municipal boards, speak at the above sessions and meetings on the subject of legality of the drafts under consideration, propose appropriate amendments if there are instances of infringement of rights of citizens or organisations or non- compliance with the Government decrees; also demand that the adoption of a decision be suspended if it is necessary to ascertain the legality of the adopted document; 3) provide information to the municipal council members and local authority officers on the economic and social, cultural, educational and ecological programmes of Government activities, give consultations on the implementation of the above programmes; 4) systematically consider the residents' applications and complaints, act on them in accordance with his powers or refer them for resolution to other state or local authority bodies or officers according to their competence; 5) familiarise himself with the documents and notes of the Seimas and Government of the Republic of Lithuania in which the matters of appropriate local authorities are resolved; 6) take part in the meetings of the Seimas and Government of the Republic of Lithuania, as well as in other events organised by state institutions at which the matters concerning local self- government or the work of local authorities are considered. Article
3. Upon concluding that the decision of the municipal council or board or the ordinance of the district governor, city mayor or chief executive violates the rights of citizens or organisations or when the Government decrees are not being implemented, the Government Representative shall exercise his powers choosing, as necessary, one of the following forms of reaction: 1) writing a substantiated proposal to the head of the body which adopted the decision or ordinance and demanding immediate suspension of the decision or ordinance and consideration of the issue of its amendment or revocation; concurrently informing thereof the superior body of local authority. The local authorities must inform the Government Representative about the results of the consideration of the proposal: in case of the council decision - within a month of the receipt of the proposal, in case of the acts adopted by the board or acts which were not adopted collectively - within a week; 2) suspending by his order the implementation of the disputable decision and presenting a substantiated demand which must be immediately considered at the session or meeting and on which a decision must be taken. Article
4. The suspended decisions of the bodies of local authority may not be implemented until the dispute is fully resolved by the local authority or by a court decision within the established time period. In all cases the Government Representative and the superior body of local authority must be informed of the time and place of consideration of the demands of the Government Representative. In the event that a collective body which has the right of revocation undertakes the consideration of the issue concerning the revocation of an ordinance or order which was not adopted collectively, the Government Representative, at the request of the collective body, shall postpone for the agreed time period the date of implementation of his demand. Article
5. If the municipal council or board refuses to comply with the demand of the Government Representative, as well as if the above institutions fail to revoke the disputable acts adopted by the bodies or officers subordinate to them, the Government Representative shall appeal to court within three days for the revocation of such acts. Article
6. Every six months the Government Representative must present information to the Government and appropriate local authorities stating therein whether the inspected documents adopted by local authorities are lawful and specifying his reaction to disputable decisions, as well as indicating the results of consideration of the presented demands and of the settlement of disputes in court. Article
7. The Government Representative shall be appointed and removed from office by the Government on the recommendation of the Prime Minister. A person who is a citizen of the Republic of Lithuania and has a diploma of higher education shall be appointed to the post of Government Representative. The Government Representative is government official. He may not hold any other appointive or elective office, be employed in state, public or private business, commercial or other institutions or enterprises or receive any other remuneration except his salary fixed in accordance with his office as well as payment for creative work. Article
8. The Government Representative shall be supported from the State Budget. The scope and place of his work, material maintenance and amount of salary shall be determined by the Government. I promulgate this Law passed by the Seimas of the Republic of Lithuania President of the Republic Algirdas Brazauskas