[ad_1]
As previously announced, the approval of the law stipulating that Lukiškės Square must be managed seriously and with due respect for the fighters and rebels, and its use must not be contrary to public order and good morals, approved at the last minute. in the amendment of the group parliamentarians A monument representing the symbol of the Vytis state with a memorial in memory of the victims of freedom of Lithuania.
However, there is still a pending lawsuit against the Lukiškės Square monument. At the Vilnius Regional Court, supporters of the Vytis sculpture seek annulment of the decision in the competition for first-place winner Andrius Labašauskas Hill, which commemorates the struggles for freedom.
Before the adoption of the law, green farmers also publicly criticized the proposal to legalize the installation of the Vytis sculpture by law, awaiting trial. However, in the end, the ruling and almost half of the representatives of the opposition conservatives and the group of members of the Mixed Seimas approved a law that provides for this.
“It just came to our attention then. The amendment to the law was passed by the majority of Seimas members who voted in the Seimas, and it is as it is. I think there is a conflict with the litigation, but it certainly is not the end of the We have made a decision if the court does not treat our decision as a mandatory provision, in which case a court decision will be made, and then we will coordinate the court decision with the provision written in the law, “said R. Karbauskis.
He also reiterated that “the state will use its institutions to determine on what basis the beach (in Lukiškės Square) could be abolished.”
The law has not yet been decided by President Gitan Nauseda. R. Karbauskis does not believe that, in the event of a veto, an extraordinary session of Seimas will be called due to this law.
“I feel like I won’t lead,” said R. Karbauskis.
Please veto the law
Aušrinė Armonaitė, the president of the Freedom Party, addressed the President with a request to veto the law in Lukiškės Square.
The petition establishes that the content of the bill does not comply with the essential characteristics of the law and cannot be subject to regulation by law.
“The Constitutional Court has declared more than once in its rulings that the laws establish general rules (…). It is characteristic of a law as a normative legal act that establishes general rules of conduct, which must be applied many times, and is formulated as a permanent order. The term of a regulatory act is usually indefinite. The rules of conduct established by a normative legal act are intended for a group of entities not defined by individual characteristics, the circle of legal entities for which said legal act is intended is not defined, the recipient or specific object is not indicated. Meanwhile, an individual legal act is a single law enforcement act directed at a specific entity or group of entities described by individual characteristics. The approved bill proposes to establish the status of a specific plaza in Vilnius Lukiškės. From the point of view of legal theory, the project presented is more similar in content to an individual legal act ”, indicates the management.
It also points out that the bill may be in conflict with the principle of self-government autonomy.
“Article 120 of the Constitution of the Republic of Lithuania. It is stated that the municipalities act freely and independently in accordance with the competence defined by the Constitution and the laws. After defining the functions of a city, a specific square, the form of its management, commemorative status and commemorative accents, the law invades on the basis of the development of local self-government as a democratic state, ”says the politician.
According to her, the bill is potentially contrary to the lex retro non agit principle recognized in legal theory.
“The principle of lex retro non agit derives from the provision enshrined in paragraph 2 of article 7 of the Constitution that” only the laws promulgated will be valid. “The Constitutional Court in its January 11, 2001 resolution stated: “A regulation that does not comply with the requirement that the law does not have retroactive effect in the field of civil, administrative or other legal relations would violate the principle of the rule of law and would be unconstitutional (contrary to the Constitution).” requirement of legal normative acts that the legal norms established in them cannot be applied to legal events and legal consequences that occurred even before the entry into force of this act This objective is to guarantee the clarity and stability of legal regulation and the legal status of people. In accordance with this principle, a recreational project implemented by the Vilnius municipality in Lukiškės square n or it may be subject to the retroactive application of the law, ”the statement states.
According to A. Armonaitė, it is doubtful that the bill has been adopted as a matter of urgency.
“In accordance with article 162 of the Seimas Statute, when it is proposed to adopt a bill as a matter of urgency, a reasoned presentation must be indicated. Neither the explanatory memorandum of the bill nor the bill indicate the circumstances with respect to to which the bill had to be considered as a matter of urgency. The Constitutional Court in 2019 April 19 has declared in its resolution “that pursuant to Paragraph 1 of Article 69 and Article 76 of the Constitution, the Seimas By regulating the legislative procedure, you can establish the legal regulation of the urgent consideration of bills that would be applied in special cases for political, social reasons, In economic or other circumstances, it is urgent to establish a new one or change the regulation. existing legal to secure important interests of society and the state, to protect other constitutional values. It should also be noted that the Constitution, among others, paragraphs 2 and 3 of its article 5, the constitutional principles of a state under the rule of law and responsible management require the creation of preconditions to guarantee the internal preventive control of the Seimas over the constitutionality of the laws. to the president
It is strictly prohibited to use the information published by DELFI on other websites, in the media or elsewhere, or to distribute our material in any way without consent, and if consent has been obtained, DELFI must be cited as the source.
[ad_2]
