The Constitutional Court has initiated a case having regard to the application of the Vecpiebalga Parish Council
The First Panel of the Constitutional Court has initiated a case “On Compliance of the Words “Dzērbenes Parish” and “Kaives Parish, Taurenes Parish” of Section 103 of Appendix 2 “Amalgamated Municipalities and Entities of Territorial Division Thereof” of the Law on Administrative Territories and Populated Areas with Article 5 of the European Charter of Local Self-Government of 15 October 1985”.
Article 5 of the European Charter of Local Self-Government provides that changes in local authority boundaries shall not be made without prior consultation of the local communities concerned, possibly by means of a referendum where this is permitted by statute.
Section 103 of Appendix 2 “Amalgamated Municipalities and Entities of Territorial Division Thereof” of the Law on Administrative Territories and Populated Areas provides for forming of Vecpiebalga amalgamated municipality that would include Dzērbenes parish, Inešu parish, Kaives parish, Taurenes parish and Vecpiebalgas parish. The Applicant indicates that, when adopting this law, the Saeima has not observed Article 5 of the European Charter on Local Self-Government regarding inclusion of Dzērbenes parish, Kaives parish and Taurenes parish into the amalgamated municipality of Vecpiebalga because it has not consulted, upon such changes, with the Vecpiebalga Parish Council.
The Saeima was asked to provide, before 24 April 2009, a reply with layout of factual circumstances of the case and legal justification thereof. The deadline of preparation of the case is 18 June 2009.
Linked case: 2009-04-06