Case initiated regarding the suspension of the binding regulations of Ropaži municipality local government council
On Monday, 16 December, a case was initiated before the Constitutional Court in relation to the conformity of Order No. 1-2/105 of 21 August 2024 issued by the Minister for Smart Administration and Regional Development, Regarding Suspension of Binding Regulation No. 22/24 of 15 May 2024 of Ropaži Municipality Local Government Council, Regulations Regarding the Local Plan of Immovable Properties “Remeikas-1” and “Remeikas plānotie grāvji” in Suži, Garkalne Rural Territory of Ropaži Municipality, Making Amendments to the Spatial Plan, Land Use and Construction, and the Graphic Part, with Article 1 of the Constitution of the Republic of Latvia, Article 4(4) and Article 8 of the European Charter of Local Self-Government, Section 66, Paragraph one of the Local Government Law, and Section 27, Paragraph three of the Spatial Development Planning Law.
The case was initiated based on an application submitted by Ropaži municipality local government council. By the contested act, the Minister for Smart Administration and Regional Development has suspended the binding regulations of Ropaži municipality local government council which approved the local plan for immovable properties “Remeikas-1” and “Remeikas plānotie grāvji” in Suži, Garkalne rural territory of Ropaži municipality. In the contested act, the Minister for Smart Administration and Regional Development outlines that various infringements have been made in drafting the binding regulations and therefore they do not comply with higher-ranking legal norms.
In the opinion of Ropaži municipality local government council, its competence to plan the territorial and economic development has been restricted unreasonably. The Minister has exceeded the permissible limits of municipal control. The contested act is unlawful, since the arguments contained therein concerning the respective binding regulations of Ropaži municipality local government council are not duly justified.
The Constitutional Court invited the authority which issued the contested act, i.e. the Minister for Smart Administration and Regional Development, to submit, by 16 February 2025, a letter of response detailing the factual circumstances of the case along with the legal justification. The deadline for the preparation of the case is 16 May 2025. The Court shall decide on the procedure and date for hearing the case once the case is prepared.
Linked case: 2024-33-05