THE REPUBLIC OF LITHUANIA

THE REPUBLIC OF LITHUANIA THE REPUBLIC OF LITHUANIA LAW ON ADMINISTRATIVE SUPERVISION OF LOCAL AUTHORITIES 14 May 1998 No. VIII-730 Vilnius Article

1. Purpose of the Law This Law shall implement the provisions laid down in paragraphs 2 and 3 of Article 123 of the Constitution of the Republic of Lithuania, and shall specify powers of the officers who exercise administrative supervision of local authorities, as well as the procedure for exercising the said supervision. Article
2. Officers who Exercise Administrative Supervision of Local Authorities
3. Officers appointed by the Government - representatives of the Government shall exercise administrative supervision of local authorities, i.e. supervise that local authorities act in compliance with the Constitution and laws of the Republic of Lithuania, and carry out decisions of the Government.
4. The Government shall assign one representative of the Government to each county. Article
5. Rights of Representatives of the Government A representative of the Government shall have the following rights: 1) during inspections, to receive originals of the legislative acts of self-government institutions, and, if necessary, to receive explanations of the heads of such institutions regarding the purposes and circumstances of adoption of a legislative act, as well as the ways and measures of implementation of decisions; in other cases, to receive copies of the minutes of sittings, copies of the adopted documents and other explanatory material; 2) to attend sittings of local authority councils and boards, to notify that certain provisions of the draft decisions under consideration are in conflict with laws and other legislative acts, and if there are reasonable grounds, to propose suspension of a legislative act; 3) to examine the legislative acts adopted by self-government institutions, which violate the provisions of laws and other legislative acts, and to adopt, within the limits of his powers, decisions thereon; 4) to familiarise himself with the documents of the Seimas and the Government, which deal with the issues of municipalities; and 5) to attend sittings of the Seimas and the Government, events organised by public authorities where the issues regarding local self-government or the work of local authorities are considered. Article
6. Forms of Exercise of Powers Upon deciding that a certain decision of the local authority council or board, a decree of the mayor, a decision of the local authority controller, an order of the administrator or warden is in conflict with the Constitution, laws or other legislative acts of the Republic of Lithuania, or when self-government institutions do not implement the laws, do not carry out the decisions of the Government, a representative of the Government shall selectively implement his powers in one of the following forms: 1) draw up a motivated recommendation to the head of the self-government institution which has adopted the decision, decree or order (hereinafter referred to as a legislative act), proposing to immediately suspend such legislative act, to consider the issue of its amendment or repeal, and inform a higher self-government institution (council, board, mayor) about this. Self-government institutions must inform the representative of the Government about the results of consideration of the recommendation not later than: within a week after the last sitting of the council - regarding the decision of the local authority council; within two weeks of the receipt of the recommendation - regarding the acts adopted by local authority board or not in a collegiate manner; 2) suspend by a decree the enforcement of the legislative act which is in conflict with laws, submit a motivated demand to the institution which has adopted such legislative act and which has to give consideration to the demand at the next sitting and to adopt a decision thereon; and 3) draw up a demand to the local authority council, board or mayor that the latter immediately implement a law, or execute a resolution of the Government, and request to give, within a time limit set by him, a written notification regarding implementation of the demand. Article
7. Prohibition to Implement the Suspended Legislative Acts
8. Suspended legislative acts of self-government institutions may not be implemented until a dispute is not, within a given period, completely settled by a local authority or in court.
9. In all cases, a representative of the Government and a higher self-government institution shall be informed about the time and place of consideration of the demands of the representative of the Government.
10. If the issue of repeal of the adopted act is considered by a collegiate institution which has the right to repeal this act, a representative of the Government shall, upon the request of the said institution, extend a time limit set for the implementation of his demand. Article
11. Appeal against Legislative Acts to the Court If a local authority council, board, mayor, other local authority officer does not comply with the demand of a representative of the Government to implement laws, to carry out decisions of the Government, other legislative acts, and if the said institutions do not, during the next sitting (the mayor - within five working days), repeal unlawful legislative acts adopted by them or the institutions or officers (board, mayor, local authority controller, administrator, warden), subordinate to them, or they adopt a new act which is in conflict with laws, the representative of the Government shall, within 10 days, appeal to the court against such acts, or actions or inactivity of officers, and shall inform the Government about failure to carry out the decision of the Government. Article
12. Provision of Information Every six months, a representative of the Government must furnish the Government, county governor and the local authorities under supervision with information regarding which of the legislative acts adopted by self-government institutions were unlawful, and what the end results were of the consideration of the submitted recommendations and demands, and the settlement of disputes in the courts. Article
13. Appointment of a Representative of the Government, Establishment of Salary, Deputising for a Representative of the Government
14. On the recommendation of the Minister of Public Administration Reforms and Local Authorities, the Government shall appoint and dismiss a representative of the Government.
15. A citizen of the Republic of Lithuania who has a university education, may be appointed as representative of the Government.
16. The Government shall establish the amount of salary for a representative of the Government, unless otherwise provided in the law.
17. During the holiday of a representative of the Government or in his absence (due to sickness, business trip and the like), the Government may, on the recommendation of the Minister of Public Administration Reforms and Local Authorities, commission another person who meets the requirements specified in paragraph 2 of this Article, to act as a representative of the Government. Article
18. Maintenance and Staff of the Institution of the Representative of the Government The institution of the representative of the Government shall be maintained from the state budget, and the number of its staff members shall be established by the Government or an institution authorised by it. I promulgate this Law passed by the Seimas of the Republic of Lithuania. PRESIDENT OF THE REPUBLIC valdas adamkus