Satversmes tiesa oficiāli «paceļ» valdību virs parlamenta

Atbilstoši ST spriedumam to varētu saprast kā Latvijas augstāko lēmējvaru. Foto: Ieva Ābele/Saeima

Satversmes tiesa (ST) Skultes pagasta pievienošanu Saulkrastu novadam ir atzinusi par neatbilstošu Satversmei, bet Ikšķiles pilsētas un Tīnūžu pagasta pievienošanu Ogres novadam – par atbilstošu. Kāda starpība? Izrādās – noteicošais apstāklis ir tas, kura vara – pirmā vai otrā – ir veikusi pievienošanu.

Matīss Miers, īpaši InfoTOP.lv

Visai drosmīga ST interpretācija. Spriediet paši: ST argumentē, ka lēmums par Ikšķiles pilsētas un Tīnūžu pagasta pievienošanu Ogres novadam savulaik tika pieņemts, par reformu lemjot jau Ministru kabinetā, savukārt Saulkrastu novadu, tajā iekļaujot daļu Limbažu novada pagastu, tika nolemts izveidot salīdzinoši pēdējā brīdī – pēc politiskām debatēm parlamentā (!). Juridiski tas nozīmē ļoti interesantu precedentu: līdz ar to ST Ministru kabinetu jeb izpildvaru ir pacēlusi VIRS lēmējvaras, faktiski atzīstot, ka bez Ministru kabineta akcepta Saeima kaut ko tādu nedrīkstēja lemt!

Te pat nav svarīga ST argumentācija (savu viedokli tiesneši pamatoja ar Satversmes 1. (!) un 101. pantu un Eiropas vietējo pašvaldību hartas (šeit) 4. panta 3. un 6. daļu, kā arī 5. pantu). Izsakoties mazliet vienkāršoti, ST tiesneši uzskata, ka valdība nodrošina to, ka Latvija ir neatkarīga demokrātiska republika un ikvienam Latvijas pilsonim ir tiesības likumā paredzētajā veidā piedalīties valsts un pašvaldību darbībā, turpretim Saeima ir orgāns, kam ar to nav nekāda sakara.

Abstrahējoties no šīs konceptuālās Satversmes tiesnešu izšķiršanās par labu tradicionālā demokrātijas modeļa revīzijai, visi pārējie ST skaidrojumi tiklab ir attiecināmi gan uz valdību, gan Saeimu, taču, tā kā par galveno lēmēju ST atzīst tieši valdību, Saeima zaudē savu pirmās varas statusu un – patiesību sakot – arī pastāvēšanas jēgu. Iespējams, ST ir veikusi globālā līmenī progresīvu soli, kam sekos arī visas pārējās valstis, kuras sevi uzskata par demokrātiskām.

No fiskālās puses tā būtu vesela revolūcija: valstis varētu ietaupīt parlamentu uzturēšanai nepieciešamos līdzekļus, turklāt politiskie lēmumi tiktu pieņemti daudz operatīvāk. Vienīgā fundamentālā problēma – vai un kā saglabāt vēlēšanas, kuras tomēr tiek uzskatītas par svarīgāko procesu, kā pilsoņi iesaistās valsts pārvaldē un īsteno savas suverēna tiesības.

ST spriedums, kā zināms, nav pārsūdzams. Tātad valsts varas un demokrātijas sistēmas vēsturisko maiņu varam uzskatīt par sāktu. Raudzīsimies nu, kas notiks tālāk! Kovidpanika tik tiešām var izrādīties ievads permanentai revolūcijai. 

Satversmes tiesa oficiāli «paceļ» valdību virs parlamenta

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