Kristovskis: A new mechanism has been created to reduce the nihilism of the rights of BNN municipalities

Irts Valdis Kristovskis

"A new mechanism has been created to reduce the nihilism of the rights of local governments – the violation of the rights of members of minorities or violations of democracy," said Ģirts Valdis Kristovskis, opposition member of the city council of Ventspils, commenting on the decision of the Department of Administrative Affairs of the Supreme Court.

The Department of Administrative Affairs of the Supreme Court overturned the decision of the Administrative District Court at the General Assembly of Judges. The decision had previously been denied at the request of Kristovsk asking the court to compel the dome to provide the information he requested and to declare the illegal restriction of this information to members of the minority on the official website of the municipality of Ventspils .

With this decision, the Supreme Court departs from its rulings of April 12, 2013 and May 27, 2016, according to case law or practice, which stipulated that cases involving information requests of one or more member of a local government advisor could not be considered in the administrative procedure. The court has now recognized that in accordance with the principle of a democratic state and Law of Administrative Procedure Violations of the rights of Members referred to in Article 2 are however subject to appeal to the Administrative Court.

"This gives the opportunity to introduce more justice and justice in the public administration, not just in local administrations"

Portal ventspilnieks.lv Kristovskis stresses that "the decision of the Supreme Court gives a new impetus to the fight against authoritarianism and the distortions of democracy, or The Pharisees In the municipality of Ventspils ". Likewise, it considers that this opens a new page in Latvian court case law, as it creates a mechanism for Members to defend their subjective rights in court if violations against a democratic government are committed by management and majority members. of the municipality.

Similarly, BNN Ventspils' opposition MP points out: "This gives rise to more justice and justice in the public administration as a whole, and not only in local governments." Public officials must learn to use them with courage in the interest of the rule of law. "

"Until now, this was not really possible because the administrative courts refused to bring cases brought by members or officials." At the joint meeting of the judges of the administrative department, the Supreme Court acknowledged my testimony of the minority of Ventspils City Council and my arguments, therefore, the Supreme Court acknowledged that its current practice was incomplete and has now been corrected by imposing upon the administrative court the obligation to control violations of rights. Subjects of MPs exercised by the state or local governments ventspilnieks.lv says Kristovskis.

It should be noted that the Supreme Court (AT) justifies the decision of the Constitutional Court of 29 June 2018, which recognizes that, in accordance with the principle of a democratic state based on the rule of law and Law of Administrative Procedure Article 2, a dispute relating to the use of subjective public rights of the deputy of a municipality or the clarification of their content and scope, is subject to the control of the administrative court.

In its judgment, the Constitutional Court declared that, in the event that a municipality infringes the subjective public rights of a deputy in its activities, the principle of the rule of law and article 101 of the law require the mechanism to protect the rights of the accused.

The Supreme Court also stated in its decision that the administrative court, when revising its application, should also rule on the complaint of the municipality.V.Kristovsky deputy of the municipality to badess the legality of the restrictions to the insertion information on the official website of the municipality of Ventspils. ventspils.lv.

AT concluded that the statutory instruments did not guarantee the right of a member of the municipality to request the publication of his opinion on the local government portal. "However, in the present case, the applicant (VV Kristovskis) does not simply believe that he has the right to ask the legal provisions to publish his opinion on the portal of local authorities in the situation where no opinion of this member is required. is published on the portal of local authorities, unless it appears in documents that: in accordance with the regulations, must publish, but wishes to have equal opportunities to publish opinions in relation to other members of the council of the local government, "explains AT's decision.

The Supreme Court stated in its decision that, if the official website of the municipality publishes not only neutral information about its activities, but also the opinions of the members of the municipal council, including the chairman of the city council, on certain issues, this portal can not be used unilaterally to highlight individual interests, groups or individuals. political force. In this situation, the portal should reflect adequately the diversity of opinions, including those of the political opposition. This follows from the principle of democracy and the principle of local autonomy badociated with it. In a democratic and rule-based state, all members of the municipal council must guarantee equal rights in the exercise of their mandate, including to ensure equality in all aspects of parliamentary activities. both in terms of procedural rights of MPs and in terms of material security, while taking into account the principle of proportional representation. Equal rights in the exercise of a member's mandate include equal rights to inform the public about their activities and opinions, as well as equality access to state-funded communication means.

Members of Ventspils City Council, Valdis Kristovskis, Dace Korna, Aivis Landmanis and Ivars Landmanis aceirs appealed to the District Administrative Court in September of this year to seek the illegal decision of Ventspils City Council to continue the fight for respect of law and justice in the public administration. on the committees and councils of the Ventspils municipal council, but also to impose on the Ventspils municipal council, within its commissions, councils and working groups, to proportionally include members of the opposition.

"Until now, the Ventspils City Council has deliberately ignored the rights of opposition members to be represented in commissions, councils in working groups, thus preventing them from taking action." The District Administrative Court will consider the violation of this democracy, equality and good governance by opposition members on 6 December of this year. year, "notes Kristovskis.