The legal aspects of a dismissal of the municipal council

Juris Radzevičs

Research output: Contribution to conferenceAbstractpeer-review

Abstract

In a democratic state governed by the rule of law the authority of any public institution and official should be balanced by their accountability and liability. The above-mentioned provision also shall pertain to the municipal council. The most severe disciplinary sanction for any official is his or her dismissal. Sections 91 and 92 of the Law “On Local Governments” provide the Saeima with the right to dismiss a municipal council in the cases specified in this Law by appointing a temporary administration and after that shall be organized a new election of a municipal council. The topicality of the article is determined by the dismissal of the Riga City Council and the amendments to the regulatory enactments that changed the term of the newly elected City Council.  The aim of the research is to evaluate the amendments to the regulatory enactments and the impact of the emergency situation on them. Scops of research embraces legislation and case law, taking into account the conclusion of the legal researches. Considering the principle of objectivity dismissing municipal council should be applied by taking into account the limitation period. The amendments have the shortcoming by defining the term of office of the extraordinarily elected council. There is a necessity to amend section 92 Law "On local government" order to restrict an authority of Cabinet of the minister to submit a draft law, regarding the dismissal of a city or municipality layin down the limitation period. Should be deleted concept "the remaining term of office of the dismissed council" into Section 1 of the law "On municipal council election" and corresponding amended "Law On the Status of the Deputy of the Republic City Council and Municipality Council."
Original languageEnglish
Pages37
Publication statusPublished - 24 Mar 2021
Externally publishedYes
EventRSU Research week 2021: PLACES - Rīga, Latvia
Duration: 25 Mar 202125 Mar 2021
https://rw2021.rsu.lv/conferences/places

Conference

ConferenceRSU Research week 2021: PLACES
CountryLatvia
CityRīga
Period25/03/2125/03/21
Internet address

Field of Science

  • 5.5 Law

Publication Type

  • 3.4. Other publications in conference proceedings (including local)

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