"All politicians and ministers should be aware of the laws we have in place before they open their mouths," said Birkavs. "It is absolute nihilism if ministers overstep the law, and it shows ignorance of the judicial system I represent."
Birkavs comments were directed at Makarovs who on March 7 proposed that Edgars Jansons replace Naglis as the general director of the LPA. Birkavs mentioned that Makarovs should "warmly" pay attention to the laws that govern Naglis' work continuation contract.
The scandal that surrounds the appointment of Jansons to replace Naglis from the LPA is that there is a government proxy stating that Naglis' term as general director of the LPA is to expire on March 12. Makarovs is confident that he has the right interpretation of the law, and after Naglis' first work contract expired he can be deposed as the general director of the LPA.
The Minister of Justice said that Makarovs has either not paid any attention to work contracts or hoped no one would pick up on the fact that Naglis' work contract extension is on a termless basis.
"If Jansons was to be put in office as general director, Naglis will have an excellent case," said Birkavs. "If I were Naglis' lawyer he would most certainly, 100 percent, win the case in court. Without a doubt!"
A spokesman for the Minister of Economy, Romands Melnieks, said that when the proxy expiration date of Naglis' contract on March 12 ends, the LPA general director has to step down.
"The government cabinet will have a meeting March 15 and Makarovs is sure that legally and through another vote Jansons will take over at the LPA," Melnieks said.
On March 7, Makarovs did not support the Latvia's Way candidature of Naglis and Makarovs chose "little known" Jansons as the general director of the LPA because he wanted a professional for the position who was not politically influenced. When the cabinet held a meeting to vote on the issue, the government faction parties did not support Makarovs' choice of Jansons.
Latvia's Way chairman Andrejs Pantelejevs said that Makarovs has hung Jansons out to dry and has reduced his credibility by nominating Jansons at the last minute.
"We [Latvia's Way] are not block heads, if Makarovs had submitted Jansons a week earlier than he did at the government cabinet meeting, we could have made a proper judgment on Jansons capability as general director," said Pantelejevs. "The way Makarovs proposed Jansons candidature to the post, I don't think he even wanted Jansons to fill the position.
"To answer your question, why did Makarovs operate like this? I don't know why," Pantelejevs answered.
The Latvia's Way chairman stated that the only way Makarovs can place Jansons in the position as the LPA general director is to have the government ministers vote Naglis out.
On Feb. 29, the government decided that the LPA will be liquidated on Jan. 2001. Pantelejevs and Gundars Berzins of the Peoples Party said that to change the general director of the LPA when there is only nine months left before liquidation of the agency shows stupidity.
Melnieks said that Makarovs is confident that when the cabinet meets next to discuss the issue of LPA general director, the cabinet will support the nomination of Jansons and vote against the retention of Naglis. A proposal that other government party ministers agree will not happen.
"Birkavs' comments on Makarovs being negligent in accordance to the law is incorrect. His statement is full of loopholes and full of mistakes," said Melnieks. "If Birkavs is confident of representing Naglis in court, why has he not handed in the neccessary documents to pursue the matter."
The Latvian Prime Minister, Andris Skele, held a press conference after the government meeting concerning Jansons appointment March 8, and endorsed the current LPA general director Naglis and told reporters that Naglis will have his position until the liquidation of the LPA.
Birkavs of Latvia's Way said even though he is in the same party as Naglis and voted for the retention of Naglis as the head of the LPA legally Makarovs does not have a judicial case if he is to dismiss Naglis through the government proxy.
Naglis has signed three contracts pertaining his employment at the LPA.The first work contract was for the three years from April 1994 till April 1997. A continuation was signed by Naglis and the third work contract was for an indefinite period, so if Makarovs were to dismiss Naglis he would certainly have to answer a judicial case of unlawful work practices.
The Ministry of Economics is standing by their candidate Jansons and said he will take over the position of LPA general director after the government cabinet meets March 15. Naglis is a member of the government, and the proxy expiration date of March 12 applies to him, said Melnieks.
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