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In response to the decision of the Vilnius authorities to install a temporary beach on Lukiškės Square, The Seimas adopted The law on the commemorative status of this square in Vilnius.
If President Gitanas Nausėda signs the law, Lukiškės Square can only be formed with accents commemorating freedom struggles, its use and management will not contradict “public order” and “good morals”, and Vytis, along with the memorial the victims of Lithuanian freedom become the main highlight of the square.
Will the President sign the law or will he veto it? so far unclear.
Photo by Sigismund Gedvila / 15min / Gypsies Nausėda and Valdas Adamkus
President Valdas Adamkus once vetoed a law of a similar nature. He stated that the affairs regulated by law in Lukiškės Square in Vilnius should not be regulated by law. According to him, these problems must be solved by the Vilnius City Municipality, taking into account the opinion of the Seimas.
Possibility of interfering in self-government activities
Should G. Nausėda do the same?
Vilna University researcher E.Šileikis emphasized that the President’s opinion on the Law in Lukiškės Square, whatever it is, will reflect his political position. The president, he said, is not doing constitutional justice.
“I don’t think the president is doing constitutional justice by vetoing or not vetoing the law. It can help to guarantee legitimacy, but certainly the president cannot be required to be guarantor of the judiciary or flag bearer. To veto or not to veto is mainly a political issue, “said E. Šileikis.
The lawyer stated that the Seimas can adopt the laws they want and intervene in self-government activities through laws and not through other legal acts.
“The Seimas can pass a wide range of laws, including those that, by name or by subject, may be too detailed, detailed, and concentrated on a single public matter. There may be those that are intended for white sugar, a certain square, a street, etc., taught E. Šileikis.
“Certainly not for the President of the Republic, nor for journalists, nor for scholars of law who declare categorically that the Seimas may or may not approve a law, whose name may be controversial.”
“It can be affirmed that the Seimas, as a legislator, can interfere in the construction of local relations of self-government only by laws and not by Seimas resolutions,” said the lawyer.
Constitution without the word “mayor”
According to him, the Seimas has the right to speak about the exclusive place of the state capital in relation to resistance to various occupation regimes.
It is true that, in the opinion of E. Šileikis, it has been said quite abstractly: that the Vilnius government can establish an amusement park in Lukiškės Square.
“There are general rules in the law and they are quite elegant. […] All public squares, squares and streets of Vilnius must be managed in such a way that they do not contradict the provisions of the Civil Code on good morals or public order. There is nothing new here, “said the scientist.
The decision on the beach in Lukiškės Square was made by the Vilnius municipality management without consulting either the public or the municipal council, therefore, according to E.Šileikis, arbitrary action was taken.
“On what basis did the municipal company Grinda install the beach? Did you trust the decree of the mayor of the city of Vilnius or the decision of the municipal council?
The mayor, according to the Constitution, does not exercise the right of self-government.
Read, the Constitution clearly states who implements the right of local self-government: the council. There is no such term “mayor” in the constitution. From the point of view of the constitution, he is zero, more precisely, he is one of the members of the municipal council. A matter as fundamental as the disposition of the representative square of the city of Vilnius, the capital, or the change of its functional purpose must be examined by the Vilnius City Council, which implements the right of self-government. According to the Constitution, the mayor does not exercise the right of self-government, “said the lawyer.
“The new liberals have built almost everything”
Will the municipality of the capital have to eliminate the beach of Lukiškės square if the president signs the law approved by the Seimas?
E.Šileikis answered the question: “Will the state institutions, which are already obliged to comply with the law, do something? I don’t know, I can only guess. Will the municipality withdraw, having correctly recognized that the law is, however, one of the most important sources of the Lithuanian legal system?
Sigismund Gedvila photo / 15min / Egidijus Šileikis
“The most important thing is that we see the spirit and the context of the law. This led to the approval of said law, “added the lawyer.
E.Šileikis linked the decision of the Vilnius authorities to establish a beach in Lukiškės Square with the upcoming Seimas elections, noting that this issue united the ruling and the opposition in the Seimas, which is rare.
All or nothing in the months leading up to the elections.
“I think the new liberals have put almost everything on this card. All or nothing in the months leading up to the election. I think the Vilnius mayor understands this.
He put everything on this card, but did not foresee that it would lead to the unification of the Seimas’ political majority and a large part of the opposition. “It is a clear phenomenon that the conservatives have found common ground with the” green peasants “and thanks to the mayor of Vilnius,” said the lawyer.
Possibility of filing an application with the Constitutional Court
If he wished, the Vilnius city municipality, according to him, could challenge the Lukiškės Square law and, having exhausted all means of judicial protection, appear before the Constitutional Court.
“But the question is whether the Vilnius city municipality will prove that some of its constitutional rights to local self-government have been violated,” said E. Šileikis.
The recently built change booth in Lukiškės Square also did not lose the lawyer’s eyes. For her, the lawyer is convinced, this is not the place.
Please move the locker room away from several courts.
“A locker room that allows you or you to be naked for a few minutes in front of the Constitutional Court and in front of the District Court is, to say the least, a legal absurdity, if not an injustice. Move the wardrobe away from various courts, including another court of appeals. What, not the mayor of the city, where better to help change the cabin? To the toilets, if you like, behind the cafe, but not in front of the Constitutional Court and the District Court. Here is an absurd picture! E.Šileikis was angry.
The President must make a decision on the Law in Lukiškės Square within 10 days of its adoption.
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