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REPUBLIC OF LITHUANIA LAW ON ADMINISTRATIVE SUPERVISION OF MUNICIPALITIES 14 May 1998 NoVIII-730 Vilnius (As last amende

REPUBLIC OF LITHUANIA LAW ON ADMINISTRATIVE SUPERVISION OF MUNICIPALITIES 14 May 1998 NoVIII-730 Vilnius (As last amended by 30 March 2010 – NoXI-710) Article

  1. Purpose of the Law The purposes, implemented by this Law, of the institution of administrative supervision of activities of municipalities, provided for in paragraphs 2 and 3 of Article 123 of the Constitution, shall be to grant the Government the right to supervise activities of municipalities through representatives appointed by it, to determine a field of administrative supervision of municipalities and the powers of officials exercising such supervision as well as to lay down the procedure for implementing these powers. Article
  2. Implementation of administrative supervision of municipalities
  3. Government representatives shall exercise administrative supervision of municipalities, i.e. they shall supervise whether municipalities act in conformity with the Constitution and laws, whether municipalities execute decisions of the Government.
  4. The Government shall appoint one Government representative per county. Article
  5. Status of the Government representative
  6. A Government representative shall be a civil servant – head of an establishment who is appointed to the office for a period of four years and dismissed from it in accordance with the procedure laid down by the Law on Civil Service. Besides this Law, the legal status of the Government representative shall be defined by the Law on Civil Service.
  7. A Government representative shall be subordinate to the Government and accountable to the Prime Minister.
  8. A person having the university education or education equated to it and with at least five year’s experience of work in the field of public administration, or having the university legal education or the public administration education and with at least three year’s experience of work in the field of public administration may be appointed as Government representative.
  9. The implementation of the powers of the Government representative must not be linked with activities of any political party. Article
  10. Oath of the Government representative
  11. A person appointed as Government representative shall, before beginning to serve as Government representative, take an oath to the Prime Minister of the Republic of Lithuania. A person taking the oath shall be entitled to choose one of the texts of the oath specified in this Article. The following texts of the oath shall be defined: 1) " I, Government representative (first name, name), swear to serve the Republic of Lithuania faithfully, to respect and observe its Constitution and laws, to protect the integrity of its territory, swear to strengthen, to the best of my ability, the independence of Lithuania, to conscientiously serve the Homeland, democracy, and the well-being of the people of Lithuania, swear to protect a person’s rights, freedoms and legitimate interests, swear to conscientiously and honestly discharge my duties. So help me God.” or 2) " I, Government representative (first name, name), swear to serve the Republic of Lithuania faithfully, to respect and observe its Constitution and laws, to protect the integrity of its territory, swear to strengthen, to the best of my ability, the independence of Lithuania, to conscientiously serve the Homeland, democracy, and the well-being of the people of Lithuania, swear to protect a person’s rights, freedoms and legitimate interests, swear to conscientiously and honestly discharge my duties.”
  12. A Government representative shall sign the text of the oath. The text of the oath shall be kept in the personal file of this Government representative.
  13. A person who has been appointed as Government representative but failed to swear the oath may not hold the office of the Government representative. Article
  14. Powers of the Government representative
  15. When supervising the adherence of municipalities to the Constitution and laws or execution by municipalities of decisions of the Government, a Government representative shall: 1) check whether the legal acts of municipal collegial and non-collegial administration entities are in conformity with laws, resolutions of the Government and other legal acts related to the implementation of laws and adopted by the central entities of state administration (hereinafter referred to as “laws and decisions of the Government”); 2) in the case where municipal administration entities fail to observe the Constitution and laws or to execute decisions of the Government, request, in accordance with the procedure laid down in paragraph 2 of Article 5 of this Law, that the Constitution be observed and decisions of the Government be executed; 3) propose to repeal or amend the unlawful legal acts of municipal administration entities in accordance with the procedure laid down in paragraph 1 of Article 5 of this Law; 4) appeal to the court when municipal administration entities do not agree to repeal or amend the legal act under dispute, refuse to implement a law or execute a decision of the Government.
  16. Besides the powers referred to in paragraph 1 of this Article, a Government representative shall, in accordance with the procedure laid down in paragraph 3 of Article 5 of this Law, carry out the advance supervision of draft legal acts drawn up by municipal collegial administration entities.
  17. Upon having established that a transaction was concluded in the name of a municipality on the basis of the legal act of a municipal administration entity, which contradicts the Constitution and laws, and such a transaction violates the public interest, also in the presence of other statutory grounds for the invalidity of transactions, a Government representative shall file a claim to the court of general competence for the defence of public interest pursuant to paragraph 1 of Article 49 of the Code of Civil Procedure.
  18. Assuming that the legal acts adopted by or actions or omissions of a municipal administration entity violate the public interest, a Government representative may, with respect to the said legal acts or actions or omissions, appeal to the administrative court with an application for the defence of public interest pursuant to paragraph 1 of Article 56 of the Law on Administrative Proceedings.
  19. When in doubt whether administrative regulations (part thereof) adopted by a municipal administration entity are in conformity with a law or a regulation of the Government, a Government representative may, pursuant to Article 110 of the Law on Administrative Proceedings, appeal to the administrative court with an abstract application to investigate the legality of the municipal administrative regulation.
  20. If in the cases provided for in the Law on Temporary Direct Rule on the Municipal Territory the commissioner of the Government addresses a Government representative, the Government representative shall, upon having established that the legal acts adopted by municipal administration entities do not comply with the Constitution, laws or decisions of the Government, appeal to the court for the repeal of such legal acts.
  21. If municipal administration entities have adopted the legal acts on the basis of which illegal transactions which violate the public interest can be concluded, or if municipal administration entities have adopted the legal acts which can violated the public interest, a Government representative may, in accordance with the procedure laid down in paragraph 4 of Article 5 of this Law, suspend with his ordinance the execution of the said legal acts of the municipal administration entities and the conclusion of the said transactions.
  22. A Government representative shall not consider complaints of natural and legal persons concerning the omissions of municipal administration entities or the adopted individual legal acts the procedure for appealing against which is laid down by the Law on Administrative Proceedings or the laws regulating a concrete field.
  23. In all cases a Government representative shall inform a mayor (head of the municipality) about a motion or a request submitted to a municipal administration entity. The mayor must present this information to the municipal councillors at the next meeting of the municipality. Article
  24. Procedure for exercising the powers of the Government representative
  25. Upon having established that a legal act adopted by a municipal administration entity does not comply with laws or decisions of the Government, a Government representative shall: 1) by presenting a reasoned motion, propose to the appropriate municipal administration entity to consider amending or repealing the said legal act. The municipal collegial administration entity must consider the motion of the Government representative at the next meeting (but not later than within one month); other municipal administration entities must consider such motion within a week after the receipt of the motion. The Government representative must be informed about the adopted decision within ten days after the adoption of such decision. 2) within ten days after the receipt of a notification about the refusal to satisfy the motion (if upon the consideration of the motion of the Government representative, a municipal administration entity refuses to amend or repeal the legal act under dispute), appeal against such a legal act to the court of the appropriate competence.
  26. Upon having established that a municipal administration entity fails to implement laws, to execute decisions of the Government, a Government representative shall: 1) submit to the appropriate municipal administration entity a written request to immediately implement the law, to execute the decision of the Government. The municipal collegial administration entity must consider the request of the Government representative at the next meeting (but not later than within one month); other municipal administration entities must consider the request within a week from the receipt of such request. The Government representative must be informed about the adopted decision within ten days of the adoption of such decision; 2) within ten days after the receipt of a notification about the refusal to satisfy the request (if upon the consideration of the Government representative’s request specified in subparagraph 1 of this paragraph, a municipal administration entity refuses to execute the said request), appeal to the court in accordance with the procedure laid down by the Law on Administrative Proceedings regarding the omission of this municipal administration entity.
  27. When carrying out the advance control of draft legal acts of municipal collegial administration entities, a Government representative may: 1) examine draft legal acts submitted to municipal collegial administration entities for adoption. The administration of a municipality must submit draft legal acts and their explanatory notes in accordance with the same procedure as it is applied, in pursuance of the rules of procedure of the municipal council, to the submission of draft decisions of the municipal council to the municipal councillors or to the submission of draft decisions of the municipal council’s board panel to the members of the municipal council’s board panel; 2) attend meetings of municipal collegial administration entities and, where appropriate, inform the municipal councillors that the drafts under consideration do not comply with laws or decisions of the Government.
  28. Upon establishing that a municipal administration entity has adopted a legal act on the basis of which an illegal transaction, which violates the public interest, may be concluded or that a legal act adopted by a municipal administration entity may violate the public interest, a Government representative: 1) may, not later than within two working days after the adoption of the unlawful legal act or the legal act which might violate the public interest, suspend through his ordinance the execution of such a legal act; 2) shall, not later than within two working days after the adoption of the ordinance, propose by a reasoned motion to the appropriate municipal administration entity that the amendment or repeal of the said legal act be considered; 3) shall, within five working days after the receipt of a notification about the refusal to satisfy the motion (if upon the consideration of the motion of the Government representative, a municipal administration entity refuses to amend or repeal the legal act), appeal to the court with an application or a claim, requesting that the court take the measures aimed at securing the application or the claim.
  29. The suspended legal act of a municipal administration entity cannot be executed until the court of the appropriate competence decides on the measures aimed at securing the application or the claim.
  30. Assuming that the legal acts adopted by a municipal administration entity or its actions (omission) violate the public interest, a Government representative, who has not availed or failed to avail of the right to suspend a legal act, shall appeal against such legal acts or actions (omission) in accordance with the procedure laid down in the Law on Administrative Proceedings within one month after the violation of public interest became known. Article
  31. Rights of the Government representative
  32. A Government representative shall have the following rights: 1) to get access to the legal acts within the field of public administration adopted by units of the administration of a municipality; 2) to request from municipal administration entities copies of the adopted legal acts as well as copies of the minutes of meetings of municipal collegial administration entities. This requirement must be fulfilled not later than within five working days after the receipt thereof; 3) to apply to municipal administration entities for the provision of the information about their activities in the course of implementation of laws and execution of decisions of the Government; 4) upon the disappearance of the circumstances which served as the grounds for the suspension of a legal act, the submission of a proposal to amend or repeal a legal act, or the request for the immediate implementation of a law, the execution of a decision of the Government, to revoke such a proposal or request with a reasoned ordinance, provided that the proposal or the request has not been executed; 5) to set a different time limit for fulfilling the actions of the Government representative subject to the receipt of a reasoned request to extend this time limit, submitted by a municipal administration entity within its remit; 6) to attend sittings of the Government in accordance with the procedure laid down by the rules of procedure of the Government, as well as in the events organized by state institutions where issues of activities of municipalities are considered; 7) to apply to state institutions according to their competence with a request to explain the procedure for applying resolutions of the Government, if this is directly related to activities of municipalities, their relations with state institutions and activities of the Government representative.
  33. A Government representative may empower a civil servant of the Service of the Government representative in order to implement the rights specified in subparagraphs 1, 2 and 3 of paragraph 1 of this Article as well as the right to attend meetings of municipal collegial administration entities and where there are grounds for this – to inform the municipal councillors that drafts under consideration do not comply with laws or decisions of the Government. Article
  34. Assignments to a Government representative The Government or the Prime Minister may assign to a Government representative to investigate whether municipalities adhere to the Constitution and laws, whether they execute decisions of the Government. Instructions pertaining to the issues of organisational activities shall be given to a Government representative by the Prime Minister. Article
  35. Provision of Information Every six months a Government representative shall, in the prescribed manner, provide information about his activities to the Government and the Association of Local Authorities in Lithuania, and shall publicly announce the said information in his website. Article
  36. Coordination and supervision of activities of a Government representative The Government or the Prime Minister shall supervise how Government representatives exercise their powers; the Government or the Prime Minister shall also coordinate activities of Government representatives. Article
  37. Deputizing for a Government representative When a Government representative is on leave or is temporarily absent due to other reasons (illness, mission, etc.), another Government representative shall deputize for him in accordance with the schedule approved by the Prime Minister. Article
  38. Service of the Government representative The Service of the Government representative shall be set up and the number of positions of civil servants shall, upon the evaluation of the extent of work, be fixed by the Government. The Service of the Government representative shall be maintained from the State Budget. Its task shall be to assist a Government representative in exercising his powers and rights. The regulations of the Service of the Government representative shall be approved by the Government. I promulgate this Law passed by the Seimas of the Republic of Lithuania. PRESIDENT OF THE REPUBLIC VALDAS ADAMKUS

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