The poorly addressed problem of motivation of self‐government democracy may hinder direct involvement of inhabitants in the process of public affairs management and decision‐making on social, political, cultural, economic and other issues of selfgovernment. The right of citizens to participate in public affairs is defined in the preamble to the Charter as one of the fundamental principles of democracy. Moreover, Lithuania has ratified the European Charter of Local Self‐Government (1999), while committing itself to implement its provisions in the national legal system. As with all Council of Europe multilateral treaties, there is a certain monitoring system for the proper implementation of the Charter of Local Self‐Government, which is one of the institutional tools for enforcement is Group of independent experts. Therefore, the research aims to determine the level of expression of the principles enshrined in the European Charter of Local SelfGovernment in Lithuanian national law; to reveal the influence of the principles enshrined in the European Charter of Local SelfGovernment on the democratic processes in Lithuanian selfgovernment; to put forward solutions for the Lithuanian legislator on issues identified related to questions analysed in order to improve national legal regulation. The research will use theoretical, historical, empirical, comparative and analytical methods.
In this paper examines the place of self-government in the Republic of Lithuania, the relationship of local self-government with the central government and the interaction between self-government institutions. Extensive practical and legislative analysis shows that in self-government, powers interactions are specific because they interact not only with each other but also with central government, however the fact about government interactions presupposes that leverage mechanisms are also exist in self-government. In this scientific work trying to reveal the essential features of operation of the Checks and balances system in the local - government.
In this paper examines the place of self-government in the Republic of Lithuania, the relationship of local self-government with the central government and the interaction between self-government institutions. Extensive practical and legislative analysis shows that in self-government, powers interactions are specific because they interact not only with each other but also with central government, however the fact about government interactions presupposes that leverage mechanisms are also exist in self-government. In this scientific work trying to reveal the essential features of operation of the Checks and balances system in the local - government.
The state governance model is established by Constitution. In the Constitution of the Republic of Lithuania, there is a separate section dedicated to local self-governance and its management, that shows not only the state's recognition of local self-governance, but also the principles of local self-governance mentioned in the Constitution of the Republic of Lithuania. There are sixty separate territorial administrative units in Lithuania, which are guaranteed the right of self-governance, which is implemented by municipal councils elected during secret elections. After the frst direct elections of mayors held on March 1, 2015, even in sixteen municipalities (Birštonas municipality, Druskininkai municipality, Ignalina district municipality, Jonava district municipality, Kaunas district municipality, Lazdijai district municipality, Marijampolė municipality, Neringa municipality, Pagėgiai municipality, Palanga municipality, Pasvalys district municipality, Rietavas municipality, Šakiai municipality, Šalčininkai municipality, Vilkaviškis district municipality, Vilnius district municipality) one of the political parties or political organizations (movements) in the municipalities and districts of Lithuania won an absolute majority, which further emphasizes the importance of securing the rights of the minority (opposition).The Constitutional Court of the Republic of Lithuania has also noted that taking into account the fact that the Constitution of the Republic of Lithuania implies the defense of the parliamentary minority, the minimum requirements for the protection of the opposition of the Lithuanian parliament, as well as the fact that the recognition of parliamentary opposition is an essential element of pluralistic democracy. The Statute of the Lithuanian parliament (Seimas) may establish guarantees of opposition activities: certain places and positions in the committee, opposition leader status, initiation of work places and commissions, etc. The systematic appraisal of the provisions of the Law on Local Self-Government of the Republic of Lithuania shows that the obligation to form in each municipality the Control Committee, the Anti-Corruption and Ethics commissions, whose candidacy is delegated by the municipal council's opposition, is one of the ways provided by the legislator to ensure the minority rights recognized in pluralistic democracy in self-governance. As there are 60 separate territorial administrative units (municipalities) in the Republic of Lithuania, in which there is a different demographic and political situation, different regulation of municipal councils, composition of municipal councils, therefore different management traditions are formed in them. In the absence of a suffcient defnition of minority rights of municipal councils, which ensure the possibilities of opposition activities, the medium develops into oligarchic tendencies. The poor control of decisions taken by municipal councils and administrative actions as well as a flawed legislative framework make it possible to form situations in which the democratic values and the protection of individual rights and freedoms are threatened. The abundance of the problems of the legal regulation of municipalities is indicated by the fact that since 1994, the Law on Local Self-Government of the Republic of Lithuania has been amended even 124 times. In the Constitution of the Republic of Lithuania (25th October 1992), a separate section is devoted to local selfgovernance and its management. This is understood as the importance given by the state to self-governance, as an independent state of governance, which unconditionally depends on legal regulation. Therefore, this article overviews the gaps in the legal regulation and the political problems that affect the principles of democracy and the system of leverage and balance between the majority of municipal councils and minorities in the local selfgovernance of the Republic of Lithuania. In each municipal council, the presence of an opposition (minority) is not only a normative phenomenon, but also a necessary expression of democracy. In essence, the opposition has two main functions: frstly, this does not allow one party to entrench and curtails government selfshness as well as helps to maintain the constitutional model of governance. Secondly, because the political decisions are not perfect, the opposition points out the mistakes and shortcomings of the governance. Opposition works as an instrument to restrict governance and cultivate social peace. Depending on the subject matter, the aim and objectives of the research paper, the document analysis method was used for data collection and analysis. Data sources are as follows: National legislation, European Union and international legal acts, rulings of the Constitutional Court of the Republic of Lithuania, current Case law, related scientifc works, and offcial statistical indicators. The method of systematic analysis is applied in complex examination of legal norms and relevant jurisprudence in the aspect of ensuring the rights of minority municipal councils. The monitoring method was used in making proposals for the improvement of the Law on Local Self-Government of the Republic of Lithuania. The author of the article has accumulated practical experience in the area of legal regulation of local selfgovernance of the Republic of Lithuania, starting from 2011 until now as a member of the municipal council. The method of summarizing was used to summarize the collected and analyzed research data and to formulate conclusions and suggestions.
The state governance model is established by Constitution. In the Constitution of the Republic of Lithuania, there is a separate section dedicated to local self-governance and its management, that shows not only the state's recognition of local self-governance, but also the principles of local self-governance mentioned in the Constitution of the Republic of Lithuania. There are sixty separate territorial administrative units in Lithuania, which are guaranteed the right of self-governance, which is implemented by municipal councils elected during secret elections.After the first direct elections of mayors held on March 1, 2015, even in sixteen municipalities (Birštonas municipality, Druskininkai municipality, Ignalina district municipality, Jonava district municipality, Kaunas district municipality, Lazdijai district municipality, Marijampolė municipality, Neringa municipality, Pagėgiai municipality, Palanga municipality, Pasvalys district municipality, Rietavas municipality, Šakiai municipality, Šalčininkai municipality, Vilkaviškis district municipality, Vilnius district municipality) one of the political parties or political organizations (movements) in the municipalities and districts of Lithuania won an absolute majority, which further emphasizes the importance of securing the rights of the minority (opposition).The Constitutional Court of the Republic of Lithuania has also noted that taking into account the fact that the Constitution of the Republic of Lithuania implies the defense of the parliamentary minority, the minimum requirements for the protection of the opposition of the Lithuanian parliament, as well as the fact that the recognition of parliamentary opposition is an essential element of pluralistic democracy. The Statute of the Lithuanian parliament (Seimas) may establish guarantees of opposition activities: certain places and positions in the committee, opposition leader status, initiation of work places and commissions, etc. The systematic appraisal of the provisions of the Law on Local Self-Government of the Republic of Lithuania shows that the obligation to form in each municipality the Control Committee, the Anti-Corruption and Ethics commissions, whose candidacy is delegated by the municipal council's opposition, is one of the ways provided by the legislator to ensure the minority rights recognized in pluralistic democracy in self-governance.As there are 60 separate territorial administrative units (municipalities) in the Republic of Lithuania, in which there is a different demographic and political situation, different regulation of municipal councils, composition of municipal councils, therefore different management traditions are formed in them. In the absence of a sufficient definition of minority rights of municipal councils, which ensure the possibilities of opposition activities, the medium develops into oligarchic tendencies. The poor control of decisions taken by municipal councils and administrative actions as well as a flawed legislative framework make it possible to form situations in which the democratic values and the protection of individual rights and freedoms are threatened.The abundance of the problems of the legal regulation of municipalities is indicated by the fact that since 1994, the Law on Local Self-Government of the Republic of Lithuania has been amended even 124 times. In the Constitution of the Republic of Lithuania (25th October 1992), a separate section is devoted to local selfgovernance and its management. This is understood as the importance given by the state to self-governance, as an independent state of governance, which unconditionally depends on legal regulation. Therefore, this article overviews the gaps in the legal regulation and the political problems that affect the principles of democracy and the system of leverage and balance between the majority of municipal councils and minorities in the local selfgovernance of the Republic of Lithuania.In each municipal council, the presence of an opposition (minority) is not only a normative phenomenon, but also a necessary expression of democracy. In essence, the opposition has two main functions: firstly, this does not allow one party to entrench and curtails government selfishness as well as helps to maintain the constitutional model of governance. Secondly, because the political decisions are not perfect, the opposition points out the mistakes and shortcomings of the governance. Opposition works as an instrument to restrict governance and cultivate social peace.Depending on the subject matter, the aim and objectives of the research paper,the document analysis methodwas used for data collection and analysis. Data sources are as follows: National legislation, European Union and international legal acts, rulings of the Constitutional Court of the Republic of Lithuania, current Case law, related scientific works, and official statistical indicators.The method of systematic analysisis applied in complex examination of legal norms and relevant jurisprudence in the aspect of ensuring the rights of minority municipal councils.The monitoring methodwas used in making proposals for the improvement of the Law on Local Self-Government of the Republic of Lithuania. The author of the article has accumulated practical experience in the area of legal regulation of local selfgovernance of the Republic of Lithuania, starting from 2011 until now as a member of the municipal council.The method of summarizingwas used to summarize the collected and analyzed research data and to formulate conclusions and suggestions. ; Savivaldybių teisinio reguliavimo problemų gausą rodo vien tai, jog nuo 1994 m. Lietuvos Respublikos vietos savivaldos įstatymas keistas ir pildytas net 124 kartus. 1992 m. spalio 25 d. Lietuvos Respublikos Konstitucijoje vietos savivaldai ir jos valdymui skirtas atskiras skirsnis. Tai suprantama, kaip skiriama svarba savivaldai Valstybės kontekste, kaip savarankiškos valdžios funkcionavimui, kuri besąlygiškai priklauso nuo teisinio reguliavimo. Todėl šiame straipsnyje apžvelgiamos teisinio reguliavimo spragos ir politinio pobūdžio problemos, sąlygojančios demokratijos principų bei svertų ir atsvarų sistemos tarp savivaldybių tarybų daugumos ir mažumos LR vietos savivaldoje neužtikrintumą.
The state governance model is established by Constitution. In the Constitution of the Republic of Lithuania, there is a separate section dedicated to local self-governance and its management, that shows not only the state's recognition of local self-governance, but also the principles of local self-governance mentioned in the Constitution of the Republic of Lithuania. There are sixty separate territorial administrative units in Lithuania, which are guaranteed the right of self-governance, which is implemented by municipal councils elected during secret elections. After the frst direct elections of mayors held on March 1, 2015, even in sixteen municipalities (Birštonas municipality, Druskininkai municipality, Ignalina district municipality, Jonava district municipality, Kaunas district municipality, Lazdijai district municipality, Marijampolė municipality, Neringa municipality, Pagėgiai municipality, Palanga municipality, Pasvalys district municipality, Rietavas municipality, Šakiai municipality, Šalčininkai municipality, Vilkaviškis district municipality, Vilnius district municipality) one of the political parties or political organizations (movements) in the municipalities and districts of Lithuania won an absolute majority, which further emphasizes the importance of securing the rights of the minority (opposition).The Constitutional Court of the Republic of Lithuania has also noted that taking into account the fact that the Constitution of the Republic of Lithuania implies the defense of the parliamentary minority, the minimum requirements for the protection of the opposition of the Lithuanian parliament, as well as the fact that the recognition of parliamentary opposition is an essential element of pluralistic democracy. The Statute of the Lithuanian parliament (Seimas) may establish guarantees of opposition activities: certain places and positions in the committee, opposition leader status, initiation of work places and commissions, etc. The systematic appraisal of the provisions of the Law on Local Self-Government of the Republic of Lithuania shows that the obligation to form in each municipality the Control Committee, the Anti-Corruption and Ethics commissions, whose candidacy is delegated by the municipal council's opposition, is one of the ways provided by the legislator to ensure the minority rights recognized in pluralistic democracy in self-governance. As there are 60 separate territorial administrative units (municipalities) in the Republic of Lithuania, in which there is a different demographic and political situation, different regulation of municipal councils, composition of municipal councils, therefore different management traditions are formed in them. In the absence of a suffcient defnition of minority rights of municipal councils, which ensure the possibilities of opposition activities, the medium develops into oligarchic tendencies. The poor control of decisions taken by municipal councils and administrative actions as well as a flawed legislative framework make it possible to form situations in which the democratic values and the protection of individual rights and freedoms are threatened. The abundance of the problems of the legal regulation of municipalities is indicated by the fact that since 1994, the Law on Local Self-Government of the Republic of Lithuania has been amended even 124 times. In the Constitution of the Republic of Lithuania (25th October 1992), a separate section is devoted to local selfgovernance and its management. This is understood as the importance given by the state to self-governance, as an independent state of governance, which unconditionally depends on legal regulation. Therefore, this article overviews the gaps in the legal regulation and the political problems that affect the principles of democracy and the system of leverage and balance between the majority of municipal councils and minorities in the local selfgovernance of the Republic of Lithuania. In each municipal council, the presence of an opposition (minority) is not only a normative phenomenon, but also a necessary expression of democracy. In essence, the opposition has two main functions: frstly, this does not allow one party to entrench and curtails government selfshness as well as helps to maintain the constitutional model of governance. Secondly, because the political decisions are not perfect, the opposition points out the mistakes and shortcomings of the governance. Opposition works as an instrument to restrict governance and cultivate social peace. Depending on the subject matter, the aim and objectives of the research paper, the document analysis method was used for data collection and analysis. Data sources are as follows: National legislation, European Union and international legal acts, rulings of the Constitutional Court of the Republic of Lithuania, current Case law, related scientifc works, and offcial statistical indicators. The method of systematic analysis is applied in complex examination of legal norms and relevant jurisprudence in the aspect of ensuring the rights of minority municipal councils. The monitoring method was used in making proposals for the improvement of the Law on Local Self-Government of the Republic of Lithuania. The author of the article has accumulated practical experience in the area of legal regulation of local selfgovernance of the Republic of Lithuania, starting from 2011 until now as a member of the municipal council. The method of summarizing was used to summarize the collected and analyzed research data and to formulate conclusions and suggestions.
Although members and mayors of municipal councils are not included in the list of persons who may be subject of Impeachment proceedings under the Constitution, a peculiar variant of the institute of Impeachment is the procedure of premature loss of authority of a mayor or a member of the local municipal council, which is established in Article 25 (1) of the Law on Local Self‐ Government of the Republic of Lithuania. In a democratic system it is vitally important that every local politician who takes an oath takes full responsibility, regardless of whether he works in the majority or minority of the municipal council and/or to which political force he belongs. The problematic aspect is that it is very complicated to initiate the impeachment proceedings on a politician who belongs to the majority and has broken the oath, and there are almost no practical possibilities to complete it as such possibilities remain only theoretical and very poorly feasible. The main tasks of the research is to determine practical and theoretical possibilities to initiate Impeachment proceedings against politiciansin the majority;to revealthe essential problematic aspects of legal regulation of Impeachment procedure to a member (or a mayor) of municipal council and to draw some solutions related to these questions analysed for Lithuanian legislator in order to improve national legal regulation. The research was carried out by employing logical, comparative, system analysis, monitoring, linguistic, empirical, synthesis and generalization methods.
