REPUBLIC OF LITHUANIA LAW ON TEMPORARY DIRECT RULE ON THE MUNICIPAL TERRITORY 28 March 1995 No. I-830 Vilnius (Last amen

REPUBLIC OF LITHUANIA LAW ON TEMPORARY DIRECT RULE ON THE MUNICIPAL TERRITORY 28 March 1995 No. I-830 Vilnius (Last amended on 27 May 2003 – No. IX-1584) Article

1. Purpose of the Law This Law shall lay down cases and a procedure of the temporary imposition of direct rule on the municipal territory and a procedure of temporary direct rule. Article
2. Temporary imposition of direct rule
3. Direct rule may be temporarily imposed on the municipal territory by the resolution of the Seimas of the Republic of Lithuania, on the grounds laid down in paragraph 3 of this Article.
4. Direct rule may not continue more than 6 months, with the exception of the cases when less than one year is left counting from the adoption of the Seimas resolution concerning the temporary imposition of direct rule until the expiry of the term of office of a municipal council. In the said cases direct rule shall be imposed until the expiry of the term of office of the municipal council. Direct rule pursuant to subparagraph 6 of paragraph 3 of this Article shall be imposed for the period during which a municipal council fails to exercise its powers.
5. Direct rule may be temporarily imposed on the municipal territory, if: 1) through its actions a municipal council encroaches on the territorial integrity and constitutional order of the State; 2) on the basis of judicial decisions, the Government states that a municipal council grossly violates the Constitution and laws of the Republic of Lithuania; 3) a municipal council fails to elect mayor within the time limit set in the Law on Local Self-government as well as to appoint deputy mayor and director of the municipal administration; 4) sittings of a municipal council are not commenced two quarters in succession; 5) the Central Electoral Commission declares the results of the run-off election to a municipal council invalid; 6) a municipal council is unable to exercise its powers because of the circumstances related to the declaration of a state of emergency in the municipal territory.
6. The Government shall submit to the Seimas a proposal to temporarily impose direct rule on the municipal territory on the grounds laid down in subparagraphs 1-4 of paragraph 3 of this Article.
7. The Seimas Committee on State Administration and Local Authorities shall submit to the Seimas a proposal to temporarily impose direct rule on the municipal territory on the grounds laid down in subparagraph 5 of paragraph 3 of this Article.
8. The Seimas Committee on State Administration and Local Authorities shall submit to the Seimas a proposal to temporarily impose direct rule on the municipal territory on the grounds laid down in subparagraph 6 of paragraph 3 of this Article, if the Seimas takes a decision to declare a state of emergency in the municipal territory or the President of the Republic takes such a decision by his decree on the declaration of a state of emergency.
9. When taking a decision to impose direct rule in the municipal territory for a period of up to six months on the grounds laid down in subparagraphs 1–5 of paragraph 3 of this Article, the Seimas shall set a date of new elections to a municipal council. In this case the term of office of a newly elected municipal council shall expire on the same date and in the same manner as the term of office of the municipal council, which lost its powers, would have expired.
10. Upon the expiry of the period of direct rule imposed temporarily pursuant to subparagraph 6 of paragraph 3 of this Article, a municipal council, which exercised the powers before the temporary imposition of direct rule, shall continue to exercise the said powers until the expiry of its term of office. Article
11. Implementation of temporary direct rule in the municipal territory
12. Temporary direct rule in the municipal territory shall be implemented by the Government through an appointed commissioner of the Government.
13. Following the temporary imposition of direct rule on the municipal territory, a municipal council and the councillors shall lose their powers, with the exception of the cases when direct rule is temporarily imposed pursuant to subparagraph 6 of paragraph 3 of Article
14. In this case the powers of the municipal council and the councillors shall be suspended for the period of temporary direct rule. Article
15. Appointment and dismissal of a commissioner of the Government or his deputy
16. After entry into force of the Seimas resolution concerning the temporary imposition of direct rule on the municipal territory, the Government, on the recommendation of the Minister of the Interior, shall appoint a commissioner of the Government and his deputy not later than within 10 days. Until the appointment of a commissioner of the Government, the director of the municipal administration shall, without a separate decision, organize the fulfilment of the municipal functions.
17. A commissioner of the Government and a deputy commissioner of the Government shall be civil servants of political (personal) confidence. The procedure of appointment and dismissal as well as remuneration of a commissioner of the Government and his deputy shall be laid down by the Law on Civil Service.
18. The powers of a commissioner of the Government and his deputy shall expire, when a newly elected council elects a mayor. If temporary direct rule has been imposed pursuant to subparagraph 6 of paragraph 3 of Article 2 of this Law, the powers of a commissioner of the Government and his deputy shall expire, when the period of imposed temporary direct rule expires and the municipal council, which could not exercise its powers, takes a decision in a sitting on exercising of its powers. A commissioner of the Government and his deputy shall be dismissed by the resolution of the Government. Article
19. Functions and powers of a commissioner of the Government and his deputy
20. A commissioner of the Government shall take decisions assigned to the competence of the municipal council, which are necessary for the implementation of the functions of municipalities laid down in the Law on Local Self-Government, and shall control the implementation thereof; he shall also fulfil other authorizations of the municipal council and the mayor. The commissioner of the Government shall not take decisions and fulfil authorizations which are possible only if the municipal council operates (i. e. regarding the approval of the rules of conduct of the municipal council, election of a mayor and appointment of a deputy mayor, setting-up of committees, commissions and a board panel of the municipal council, election of a chairman of the control committee and appointment of a deputy chairman; decisions concerning the establishment of wards and the number thereof, delegation of members of the municipal council to regional councils and commissions; the commissioner of the Government shall not submit proposals for the approval of coats of arms of localities of municipalities, approval of symbols of the municipality, awarding of an honorary title of a resident of the municipality, joining the unions of municipalities, planning of activities of the municipal council, as well as the decisions which are not assigned to the municipal council).
21. A commissioner of the Government, considering that the decisions taken by municipal institutions before the imposition of temporary direct rule or that the transactions made on the basis of the said decisions do not conform to the Constitution or laws, shall appeal to a representative of the Government so that the latter would take necessary measures in accordance with the procedure laid down by the Law on Administrative Supervision of Municipalities.
22. During a state of emergency a commissioner of the Government shall ensure that the requirements set in the Law on a State of Emergency would be fulfilled.
23. During temporary direct rule the civil servants appointed by the municipal council and the mayor as well as other employees recruited by the mayor shall be dismissed by a commissioner of the Government on the grounds laid down by laws. He shall enjoy the right to appoint civil servants to the positions of dismissed career civil servants, to appoint on the same grounds other persons to the positions of dismissed civil servants of political (personal) confidence, to appoint other persons to the positions of dismissed employees who worked under employment contracts. Civil servants who are being appointed to the positions must satisfy the requirements laid down by the Law on Civil Service and other legal acts.
24. Decisions of a commissioner of the Government shall be executed in the form ordinances.
25. A deputy of a commissioner of the Government shall fulfil the functions assigned to him by the commissioner of the Government; when the commissioner of the Government cannot temporarily execute his duties, the deputy commissioner of the Government shall fulfil all the functions and powers of the commissioner of the Government. Article
26. Funding of a municipality
27. The municipal budget which was approved before the imposition of temporary direct rule on the municipal territory shall be implemented in the prescribed manner. When necessary, a commissioner of the Government may update the municipal budget, after consultation with the Ministry of Finance.
28. If the municipal budget has not been approved before the imposition of temporary direct rule on the municipal territory, each month municipal expenses may not exceed 1/12 of the last year’s budget of the municipality concerned. Article
29. Powers of public administration institutions of a municipality Upon temporary imposition of direct rule on the territory of a municipality, public administration institutions and establishments of the municipality shall fulfil the functions laid down by the Law on Local Self-Government and other laws, the decisions of the municipal council and the orders of the director of the municipal administration adopted before the imposition of temporary direct rule, as well as ordinances of a commissioner of the Government. Article
30. Supervision of activities of a commissioner of the Government The supervision of activities of a commissioner of the Government shall be carried out by the Government or an institution authorised by it. Article
31. Use of the symbols in a municipality A municipality on whose territory direct rule has been temporarily imposed shall use the flag of the State of Lithuania, the round seal with the coat of arms of the State and the stamp containing the words Commissioner of the Government in……………municipality.