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According to the SACL, the case has been archived because it is not the jurisdiction of the administrative courts.
“In this case, when the Ethics and Procedures Commission of the Seimas by a majority of its members (members of the Seimas) has decided not to initiate an investigation at the request of the applicant and provide a reasoned response to the applicant, the ordinary courts, in this case the administrative courts do not have jurisdiction to resolve such a dispute. “
The Expanded Chamber of the Supreme Administrative Court emphasized that the parliamentarians decide not to investigate the conduct of a politician with the guarantees provided by a free mandate, and that these exclusive rights cannot be appealed before the ordinary courts.
“Having no purpose or need to discuss the official constitutional doctrine in the context of this case, the panel of judges only observes that the motives of political responsibility of a member of the Seimas and examples of its application in practice clearly imply a presumption of legitimacy of a member of the Seimas, enshrined in the Constitution and the laws ”, is indicated in the sentence.
The judges also noted that the law currently provides for the possibility for a politician to appeal the decisions of the ethical guards that have consequences for him, but “there is no legal basis” to say that the administrative courts should review all other decisions of the commission. , including refusal to open an investigation.
“Without prejudice to the fact that the object of this controversy is not a decision of the Commission (…) there are, but separate, independent procedural stages on a single legal basis,” the ruling states.
This ruling annulled the decision taken by the Vilnius Regional Administrative Court in December 2019, by which the Ethics Commission was obliged to accept and examine A. Tapinas’ request.
A. Tapinas addressed the ethics guardians of the Seimas because in December 2018, during a meeting with the liberal faction, S. Skvernelis announced news that degraded his honor, dignity and reputation.
Initially, the founder of Laisvės TV demanded that the prime minister refute his words: Unions are involved in politics. Only if the goal of such chaos is to change the legitimately elected government in the country, then that goal should be named. “
This is what the Prime Minister said against the “Last Call” protest campaign announced by the unions.
After S. Skvernelis refused to apologize, A. Tapinas approached the Seimas Ethics and Procedures Commission with a complaint, one of the requirements of which was to recommend to the Prime Minister that he publicly apologize to A. Tapinas.
The Seimas Ethics and Procedures Commission refused to open an investigation and recommended that the journalist go to court for defense of honor and dignity or to police authorities for possible defamation.
This SACL decision is final and is not subject to appeal.
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