The deputies of Limbaži municipality call on the Saeima to return Skulte parish in the territory of the municipality, according to the decision of the sitting of Limbaži municipality council.
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At the October 22 sitting, the local government deputies decided to address the Saeima with a request to amend the Annex to the Law on Administrative Territories and Settlements “Administrative Territories, Their Administrative Centers and Territorial Units – County Cities and Parishes”, the current wording of which Territories of Limbaži region.
During the preparation and examination of the draft law, the City Council repeatedly addressed both the Saeima Administrative Territorial Reform Commission, the Saeima deputies and the President, stating that in its opinion the preparation of the draft law was in conflict with the basic principles of a democratic state.
In its letter, the Limbaži Regional Council indicates that although the Limbaži Municipality has submitted an application to the Constitutional Court and challenged the norms of the law relating to the division of the Limbaži Municipality, it should be taken into account that the Constitutional Court law may extend beyond 2021. municipal elections, when the de facto and de jure work of the newly elected municipal councils has already begun, making it difficult to take truly fair decisions in these cases.
The situation could be resolved faster and without the judgment of the Constitutional Court, if in compliance with the requirement of the principle of good legislation, the Saeima would use the right to correct “its mistakes” and make amendments “to prevent injustice during the administrative-territorial reform in a letter from the local government to the deputies of the Saeima.
In the opinion of the local government, the decision of the Saeima to separate Skulte parish for the administrative territory of Limbaži municipality is not substantiated by any assessment of the legal and political principles mentioned by the Constitutional Court. Also, the observance of the requirements of the principle of subsidiarity has not been assessed, because neither the traditions of the availability of services of the residents of Limbaži municipality nor the expected changes that will be caused by the division of the administrative territory of Limbaži municipality are analyzed.
At the same time, such an action violates the principle of a socially responsible state, as the reports do not assess the reduction in the living standards of Limbaži municipality residents, which will be caused by higher prices, as well as any assessment of Limbaži municipality residents’ public benefit considerations.
Limbaži District Council calls on the Saeima, by promoting a good legislative process, observing the basic principles of Latvia as a legal and democratic state, to correct the mistakes made in the Law on Administrative Territories and Settlements.
Taking this into account, Limbaži District Council requests to make amendments to the law, adding a new sub-paragraph to Paragraph 23 of the Annex “Administrative Territories, their Administrative Centers and Territorial Divisions – District Cities and County Parishes”, which includes Skulte Parish and excluding 35.4. “in order to prevent the injustice allowed during the administrative-territorial reform by unreasonably and illegally reforming the Limbaži municipality”, the letter addressed to the Saeima deputies states.
As reported, on July 16, the Constitutional Court initiated a case regarding the compliance of changes in the administrative-territorial reform in Limbaži municipality with Article 1, the first part of Article 101 and the norms of the European Charter of Local Self-Government.
The Contested Norm envisages that Skulte Parish belongs to Saulkrasti District.
The case was initiated upon the application of Limbaži municipality council. On June 10, 2020, the Saeima passed the Law on Administrative Territories and Settlements. Its annex defines the administrative territories, their administrative centers and territorial division units. In accordance with Sub-paragraph 35.4 of this Annex, Skulte Parish belongs to Saulkrasti Municipality.
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