The Constitutional Court rejects the request of the temporary administration of the municipality of the state city of Rēzekne to terminate the legal proceedings
Today, 10 September, the Constitutional Court decided to reject the request of the temporary administration of the municipality of Rēzekne state city to terminate the proceedings in case No 2024-20-01 on the dismissal of the Rēzekne City Council. The Court stressed that termination of the proceedings based on the arguments put forward by the temporary administration would not provide efficient protection of the municipality’s rights.
The Constitutional Court examined an application of the temporary administration of the municipality of the Rēzekne state city whereby it requested to withdraw the application submitted by the municipal council and to terminate legal proceedings in case No 2024-20-01. In examining whether the temporary administration was entitled to withdraw the application submitted by the municipal council, the Court concluded that, under the Local Government Law, the temporary administration performs the statutory functions of the council and acts until the newly elected council convenes for its first meeting. The head of the temporary administration exercises the powers of the president of the municipal council as laid down in the laws and regulations, including representing the municipality in court.
The Constitutional Court noted that the regulation included in the Local Government Law aimed at ensuring that the public administration functioned fully even in circumstances when the functioning of a democratically legitimised municipal council was not possible. The temporary administration should therefore ensure the continuity of the council’s work for the time being. In light of the above, the temporary administration has the right to represent the municipality before the Constitutional Court and to withdraw the application submitted by the municipal council. Consequently, the Constitutional Court recognised that the temporary administration was entitled to submit a request to terminate the proceedings in Case No 2024-20-01.
The Constitutional Court emphasised that the dismissal of the municipal council was a constitutionally important issue. When examining whether any circumstances had occurred that required the continuation of legal proceedings, the Constitutional Court concluded that the dismissal of the municipal council was the last resort in the post-legislative control of the legality of the activities of a municipal council, which had the most severe legal consequences, since its application resulted in the dismissal of a democratically elected institution. The municipal council has used the only legal remedy available to it to protect the rights of the municipality, namely, it has applied to the Constitutional Court. The temporary administration, on the other hand, justifies its request to terminate the proceedings because the participation of the municipality in the Constitutional Court proceedings, i.e., preparing additional explanations, participating in sessions or outsourcing these activities, would create an additional financial burden on the budget of the municipality.
Considering the importance of the issue under consideration, the Constitutional Court recognised that termination of the proceedings based on the grounds indicated by the temporary administration would not ensure efficient protection of the municipality’s rights. The Court therefore held that the circumstances existed for the continuation of the proceedings in Case No 2024-20-01.
Additional information:
Case No 2024-20-01 has been initiated in the Constitutional Court on the application of the municipality of the Rēzekne state city concerning the conformity of Sections 1 and 4 of the law on the dismissal of the municipal council of the Rēzekne state city and Section 1(3)(2) of the Law on the Election of Municipal Councils with Sections 1 and 101 of the Constitution of the Republic of Latvia. Under Section 1 of the law on the dismissal of the municipal council of the Rēzekne state city, the municipal council has been dismissed, while Section 2 appoints the temporary administration of the Rēzekne state city. On 2 August 2024, the Constitutional Court received a petition from the temporary administration, whereby it withdrew the application submitted by the municipal council and requested to terminate the proceedings in case No 2024-20-01.
Linked case: 2024-20-01