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The court, after reexamining the complaint from various public and private bodies, determined this Thursday that in February 2018, the municipal council of the capital made a decision in violation of its regulations.
This court had rejected the earlier complaint as unfounded two years ago, but re-examined the case when ordered by the Supreme Administrative Court of Lithuania.
However, the complainants requested that the decision be annulled for other reasons, that is, by appealing to the geopolitical provisions of the Lithuanian Polish Electoral Campaign-Union of Christian Families (LLRA-KŠS), questioning L. Kaczynskis’ own merits to Lithuania and the fact that the issue was not discussed with the local community.
Vilnius Mayor Advisor Karolis Žukauskas says the municipality regards the court’s decision as a “technical error” and promises to appeal the ruling.
“We have consulted with lawyers and we consider that this is a technical error of the court, which will undoubtedly be corrected in a higher court,” K. Žukauskas told BNS.
During the proceedings, VAAT found that the decision had been taken as a matter of urgency, in violation of the Regulations.
«The court considered in the present case that the contested decision had been adopted as a matter of urgency, seven days after the presentation of the project. The Council’s operating regulations stipulate a precondition for making urgent decisions: the draft must be discussed in the main committee, ”VAAT reported.
It is also indicated that the mayor has the right to refer the matter to the council for its consideration and to propose an urgent decision in cases in which the emergency criteria approved by the Government are met.
“After examining the written evidence of the case, it was established that the draft decision had not been considered by the main committee, therefore it could not be considered as a matter of urgency at the meeting of the Vilnius City Council on February 7, 2018, “the court stated.
“The contested decision was adopted in violation of the requirements of the Local Autonomy Law and the Regulations, so there is no reason to consider it legal,” the ruling states.
VAAT’s decision can be appealed to the Supreme Administrative Court of Lithuania within 30 days.
Two years ago, signs bearing the name of L. Kaczynskis were discovered in Vilnius in Lithuanian and Polish near the municipal building of the city to commemorate the centenary of the country’s independence.
Born in 1949, lawyer L. Kaczynski and his wife Maria and nearly a hundred high-ranking politicians, members of the military and clergy were killed in 2010 during a plane crash in the Smolensk area of Russia.
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