The self-government won at the court

On 18.08.2011 the Supreme Administrative Court of Lithuania probated validity of activities of the Council of the Self-Government for Vilnius region concerning the Primary School in Veriškės. This is already the second victory of the Self-Government in this case.

The Primary School in Veriškės accused the Council of the Self-Government for Vilnius region of allegedly illegal reorganisation of this outpost and appealed to the court of first instance – the Supreme Administrative Court of Lithuania. The court dismissed the action and emphasised that the council of the self-government did not violate any legislative acts.

The Self-government worked legally

The outpost confirmed that the council of the self-government passed the resolution without considering the opinion of the school community. However, the court admitted that the council is not obliged to follow the will of the school community or other subjects. The court emphasised that in the process of reorganisation of the Primary School in Veriškės, the Council of the Self-Government for Vilnius region acted lawfully and it worked according to the supremacy, not to the wishes of any subject.

Regularly, there is a lack of financial means and students

The court upheld the argument of the council that the reorganisation of the outpost in Veriškės is caused by the regular lack of financial means and students. In April 2010, the Primary School in Veriškės had only 26 students: 13 of them were learning in the Polish system, another 13 – in the Lithuanian. In 2007, the outpost lacked 77000 LTL, in 2008 – almost 69000 LTL, in 2009 – over 33000 LTL, in 2010 – almost 89000 LTL. According to the decision of the Council of the Self-Government for Vilnius region from 09.04.2010, the Lithuanian part of the Primary School in Veriškės was planned to be joined with the Lithuanian Giedymin Junior High School in Nemenčinė, the Polish part was planned to be joined with the Polish-Russian K. Parczewski Junior High School in Nemenčinė.

Business of children – undisturbed

The reorganisation which was planned would not have any influence on students or teachers: they would not be placed in another building, etc, the aim of the reorganisation was to change the manner of its management and to create the opportunity for the financial support to the Polish and Lithuanian parts of the school in Veriškės of Giedymin and K. Parczewski Junior High Schools.

They appealed

The Primary School in Veriškės appealed from the decision to the Supreme Administrative Court of Lithuania. In the decree from 18.08.2011, the Supreme Administrative Court of Lithuania stated that the act of the Council of the Self-Government for Vilnius region (09.04.2010) does not cause any legal repercussions for the school and it does not limit its rights, duties or status. 

Two trials 

Nothing has changed, because the trials are in progress. On top of the case that was previously mentioned, another trial is conducted in the Supreme Administrative Court of Lithuania, which is directly connected to the first case: the school appealed the act of the Council of the Self-Government for Vilnius region from 23.06.2010 by virtue of which the reorganisation of schools (including the Primary School in Veriškės) had to be accomplished. On 22.02.2011, the court decided to suspend actions of the case (verdict of which was passed by the Supreme Administrative Court of Lithuania on 18.08.2011), until the decision is not taken. It is not known when the case will be renewed in the Administrative District Court of Vilnius (the court of first instance).

http://kurierwilenski.lt/2011/09/01/samorzad-wygral-w-sadzie/

Tłumaczenie: Karolina Krześniak (w ramach praktyk w Europejskiej Fundacji Praw Człowieka, www.efhr.eu) Translated by Karolina Krześniak (within the framework of a traineeship programme of the European Foundation of Human Rights, www.efhr.eu)