The article addresses the current matters in the Constitutional Court procedure, pointing out two... more The article addresses the current matters in the Constitutional Court procedure, pointing out two main issues regarding the independence of the court and judge: independence and impartiality. Constitutional Court Law forbids recusal of the Constitutional Court judge, but it does not provide for withdrawal of a judge expressis verbis. Taking into account legal norms stating that the Court shall hear cases in full bench, if objective circumstances do not prevent them from taking part in the court sitting, and also considering the practice of the Court, the author reports on actual cases which are important for better understanding of the Constitutional Court procedure. The author also analyses and provides arguments concerning the question of how to hear a case, if the challenged legal norm touches or reflects upon other judges.
The article is dedicated to the concept of subsidiarity as the strategic aim and constitutional p... more The article is dedicated to the concept of subsidiarity as the strategic aim and constitutional principle of the state, as well as its interaction with higher education. Since higher education is an inseparable part of the state, reaching the aim of developing a sustainable state also requires the sustainability of higher education. The author discovers three main aspects of this interconnection between sustainability and higher education: institutional, content-related and result-related. It is also concluded that employees are among the main resources of the higher education institutions; academia is a prerequisite for achieving sustainability of the state. Consequently, the author expresses conclusions of difficulties which higher education system faces after the judgement of the Constitutional Court came into legal force, and several legal norms regulating labour (employment) relations at the universities lost their legal force.
Institute of International Politics ; Economics eBooks, 2021
The article offers an analysis of the constitutional regulation of the state of emergency, which ... more The article offers an analysis of the constitutional regulation of the state of emergency, which was declared twice in Latvia in 2020 to limit the spread of COVID-19. Those decisions have influenced all people. The work of all constitutional institutions has also been affected. To achieve the goal of limiting the spread of COVID-19, as well as ensuring the continuity of important state functions and services, both during and after the emergency, significant restrictions were imposed. The article describes the system of limitations, which is included in several normative acts, as well as in general administrative acts. Not the entire society in Latvia treated the imposed restrictions unequivocally. To defend violated fundamental rights, people could use legal remedies and turn to administrative courts and the Constitutional Court. The article provides an analysis of case law based on the actual application of the law. In accordance with the competence of each court, administrative courts reviewed the limitations imposed by general administrative acts, whereas the Constitutional Court reviewed the constitutionality of general legal norms.
In the article, the author explains the foundation and the constitutional regulation of the Latvi... more In the article, the author explains the foundation and the constitutional regulation of the Latvian Constitutional Court marking its place within the principle of the separation of powers. The appointment of the justices and some novelties along with problems encountered in the justice selection procedure is provided in other chapter of the article. By describing the competence of the Constitutional Court, it is pointed out that it is very narrow as the Constitutional Court adjudicates only cases about conformity of legal enactments with the norms of higher hierarchy. The author analyses also the circle of persons who can stand before the Court. Special emphasis is given to the constitutional complaint-a petition which can be submitted to the Constitutional Court by an individual and which marks also dialogue between the Latvian Constitutional Court and the European Court of Human Rights. At the end, the author explains the legal force and real influence of judgments of the Constitutional Court, including rights of the Constitutional Court to determine a point in time when the anticonstitutional regulation becomes null and void. The author concludes that the Constitutional Court not only theoretically, but also in reality ensures a system for the constitutional order and values, as well as principles in the Republic of Latvia.
This article analyses important issues brought up in public regarding one of the constitutional i... more This article analyses important issues brought up in public regarding one of the constitutional institutions-formation of the Constitutional Court. At the outset, the article looks at the models of accessing the position of the Constitutional Court justice, their weaknesses and also responsibility of persons engaged in the appointment of justices. Challenges of parliamentary procedures are also discussed, especially considering that the platform e-Saeima was used as the voting platform to appoint the justice. The article also reflects a debate on whether a Constitutional Court justice can be appointed only once in a lifetime, keeping in mind the recent amendments to the Constitutional Court Law, including reappointment mechanism if the judge has had to leave the position before expiration of 10 years' mandate. Finally, the article analyses the role and meaning of decisions made by a special institution-Judicial Councilwhen appointing the Constitutional Court justice.
In view of the current relevance of the concept of sustainability, the article examines the appli... more In view of the current relevance of the concept of sustainability, the article examines the application of this principle within the system of higher education in three essential areas, analysing the existing situation and outlining the necessary improvements in the context of sustainability. The article also reveals the impact of the rulings delivered by the Constitutional Court of the Republic of Latvia on the sustainable development of institutions of higher education, highlighting the rulings, which directly deal with issues important for institutions of higher education, inter alia, in the context of the development of the rule-of-law state. The author also expresses her opinions on the need for a dialogue between the legislator and the Constitutional Court on these matters, as well as urges to seek solutions to several essential issues regulating the life of institutions of higher education-both with respect to regulation on the employment legal relationship and the criteria set for the Latvian Science Council's expert in the legal science.
Only in 1998, the Constitution of the Republic of Latvia-Satversme, which has been adopted more t... more Only in 1998, the Constitution of the Republic of Latvia-Satversme, which has been adopted more than a hundred years ago and is one of the oldest constitutions in Europe, was supplemented with a new chapter concerning the regulation of fundamental human rights. Until the adoption of Chapter 8 of the Satversme, only a few fundamental human rights could be found in the Constitution. The article discusses the development of the regulation of fundamental rights in the Satversme, the importance of fundamental rights in a democratic state, as well as reflects the catalogue of fundamental rights. In the article, the authors, looking at the catalogue of fundamental rights included in the Satversme, analyses fundamental rights by dividing them in groups, i.e. civil, political, social, economic, cultural and solidarity rights. The publication outlines the most characteristic features of each group of fundamental rights, points out content of those rights and looks into the recent case law of the Constitutional Court. The publication can contribute to the study material for law students of constitutional law course.
Court hearing, examined the case No. 2007-21-01 "On Compliance of the Second Part of Section 7 of... more Court hearing, examined the case No. 2007-21-01 "On Compliance of the Second Part of Section 7 of the Law "On Public Transport Services" with Articles 2, 3 and the First, Third and Fourth Part of Article 4 of the European Charter of Local Self-Governments of October 15, 1985" and established the following: 1.1. On 19 May 1994, the Saeima (Parliament) of the Republic of Latvia (hereinafter-the Saeima) adopted the Law "On Local Governments" that initially provided that "In Latvia, there will be the following local governments: 1) city local governments; 2) district local governments; 3) parish local governments". At that time, the Law on Election of City Councils, District Councils and Parish Councils provided that city local councils, district councils, and parish councils shall be elected in equal, direct, secret and proportional elections. 2 1.2. On 22 February 1996, the Saeima adopted the Law "On the European Charter of Local Self-Governments of 15 October 1985" that confirmed and adopted the European Charter of Local Self-Governments signed on 15 October 1985 in Strasbourg (hereinafterthe Charter). Under Article 1 and Article 12 of the Charter, the Republic of Latvia undertook regarding Article2, Article 3 and Article 4 Paragraphs 1, 3 and 4 as binding on it (hereinafterthe above mentioned articles and paragraphs of the Charter referred to as "part"). 1.3. On 13 November 1997, the Saeima adopted the Law "Amendments to the Law "On Local Governments"" that provided that "in Latvia, there will be two kinds of local governments: 1) local self-governmentscity and parish local governments; 2) district local governments". Moreover, district council is constituted by chairpersons of all parish and city councils of the respective district. 1.4. In 30 April 2002, the Saeima adopted the Law "Amendments to the Satversme of the Republic of Latvia", by establishing in the first sentence of Article 101 Paragraph 2 of the Satversme [Constitution] that "local governments shall be elected by Latvian citizens". However, on 23 September 2004, the Saeima adopted the Law "Amendments to the Satversme of the Republic of Latvia" by establishing in the first sentence of Article 101 Paragraph 2 of the Satversme [Constitution] that "local governments shall be elected by Latvian citizens and citizens of the European Union who permanently reside in Latvia". 1.5. On 14 June 2007, the Saeima adopted the Law "On Public Transport Services" (hereinafter-Public Transport Law) that came into effect on 15 July 2007. According to Para 1 of the Transitional Provisions of this Law, the Law shall be applied to provision of public transport services after 1 January 2008. Section 4 Paragraph 1 of the Public Transport Law commissions implementation of State administration in the field of public transport to the Ministry of Transport and local governments, whilst Section 5 of the Public Transport Law establishes field of competence of the Road Transport Administration, republic cities and local governments in the field of public transport. 3 However, Section 7 "Route Network Borders" Paragraph 1 and 2 of the Public Transport Law provides: "(1) If a route of city significance of a route network overruns the administrative boundaries of a city, local government of republic city and a district shall, upon coordination with the Road Transport Administration, enter into an agreement regarding the boundaries of the city and of the regional route network of local significance. If the local government of Riga City and Riga district fails to into the agreement on the route network boundaries, these boundaries shall be determined by the Road Transport Administration. (2) The local government of Riga City and Riga district shall enter into the agreement referred to in Paragraph one of this Section, if a route of city significance of the Riga City route network overruns the administrative boundaries of the city by more than 15 kilometers." 2. The Riga district local government (hereinafterthe Applicant) indicated in its application to the Constitutional Court that Section 7 Paragraph 2 of the Public Transport Law (hereinafterthe Contested Norm) does not comply with Article 2, Article 3 and Article 4 Paragraph 1, 3 and 4 of the charter. Under Section 6 Paragraph 1, Section 7, Section 15 Paragraph 1 and Section 19 Paragraph 2 of the Law "On Local Governments", organization of public transport services within administrative territory boundaries of the Riga city is an autonomous function and competence of the Riga District Council in the field of public law. Latvian citizens living in Riga district have commissioned the competence to deal with this issue to the Riga District Council. The Contested Norm permits, however, that "Riga city local government exceeds the limits of its competence and intervenes, in a rough manner, with the competence of the Riga district" (case materials, Vol. 1, pp. 1). The Applicant indicates that, by adopting the Contested Norm, the legislator has failed to observe Section 7 Paragraph 1 of the Law "On Local Governments". The above mentioned section provides that the autonomous function of local governments shall be performed in accordance with procedures prescribed in relevant laws and Cabinet regulations. Consequently, the legislator, by commissioning the Riga City 4 4 Council to implement functions of local governments in the administrative territory of Riga district, has intervened with the autonomous function of the Riga District Council rather than established a particular procedure. Moreover, when elaborating the Contested Norm, opinions of the society, the Riga District Council, the Latvian Association of Local and Regional Governments and the Latvian Association of Passenger Road Carriers, as well as that of the Ministry of Regional Development and Local Governments were taken into account The Applicant maintains that the Contested Norm considerably hampers performance of the autonomous function of the local government in the territory of Riga district. As to its legal status, the Applicant indicates that all local governments of the Riga district have been freely elected in equal, direct and general election by means of secret voting. The same applies to heads of local governments, i.e. chairpersons. The Riga District Council has been elected by mediation; therefore it can be regarded as local government of the second level. 3. The institution that adopted the contested act, the Saeima of the Republic of Latvia (hereinafterthe Saeima) holds that the Contested Norm does comply with the above mentioned norms of the Charter and asks the Court to reject the Application. The Saeima considers that compliance of the Contested Norm with Article 2, Article 3 and Article 4 Paragraph 1 of the Charter is evident; namely, the Contested Norm "is not related" with the above mentioned norms of the Charter (case materials, Vol. 3, pp.37). The Saeima assesses compliance only of the Contested Norm with Section 4 Paragraph 3 and 4 of the Charter. It has been indicated in the reply that district council per se shall not be regarded as local government in the meaning of Article 3 of the Charter; namely, district council is not an institution that has been "freely elected based on the right to equal, direct and general elections by mediation of secret voting". This does not mean, however, that in this case the Charter cannot be indirectly applied to a district council. Under requirements of Article 4 Paragraph 3 of the Charter, each local government must
The article provides an analysis of interaction of the principle of sustainability and environmen... more The article provides an analysis of interaction of the principle of sustainability and environmental protection in the case law of the Constitutional Court. The principle of sustainability in Latvian constitutional law is a quite new one. Still, it is applied by the Constitutional Court reviewing different cases. It is included also in the written text of the Constitution and all development of the state is focused on sustainability. As environmental protection is the core of this principle, the Constitutional Court has applied it by solving different environmental issues. The article points out also the content of environmental constitutionalism. Namely, in Latvia, it is implemented also as a specific fundamental right to live in a benevolent environment. Legal remedies such as those before the administrative court and the Constitutional Court are analysed which can be used to protect violated fundamental rights. To get insight into the case law of the Constitutional Court, three different issues are explained. First, the importance of agricultural land and its cultivation and protection by achieving the idea of sustainability is given. Then the author explains the main arguments of the application of this principle in spatial planning. In the end, sustainable energy cases where sustainability is applied lead to conclusions about the future and importance of renewable sources.
In the article, the author explains the foundation and the constitutional regulation of the Latvi... more In the article, the author explains the foundation and the constitutional regulation of the Latvian Constitutional Court marking its place within the principle of the separation of powers. The appointment of the justices and some novelties along with problems encountered in the justice selection procedure is provided in other chapter of the article. By describing the competence of the Constitutional Court, it is pointed out that it is very narrow as the Constitutional Court adjudicates only cases about conformity of legal enactments with the norms of higher hierarchy. The author analyses also the circle of persons who can stand before the Court. Special emphasis is given to the constitutional complaint - a petition which can be submitted to the Constitutional Court by an individual and which marks also dialogue between the Latvian Constitutional Court and the European Court of Human Rights. At the end, the author explains the legal force and real influence of judgments of the Consti...
While it is well established in the literature that legal science stricto sensu includes activiti... more While it is well established in the literature that legal science stricto sensu includes activities directed toward identification of the content of law, the legal science ampio sensu has a broader meaning, as also includes the set of disciplines that have in some sense the law as an object of study, such as the science of law, legal theory, jurisprudence, legal dogmatics, the sociology of law, legal anthropology, comparative law, history of law, and science of legislation. 1 This broader approach is embedded in the very act by which the Institute of Comparative Law in Belgrade was founded 2 in 1955, and is continually reaffirmed in its work and the work of its researchers. The Institute's staple journal, Strani pravni život (Foreign Legal Life), bears the same hallmark. As one of the oldest legal journals in Serbia, initially conceived as a bulletin containing reviews of current achievements in comparative legal theory, legislation and practice, it has since grown to foster academic debate and publish original scientific research centring on international and comparative law, contributing further to contemporary legal science not just in Serbia, but also in the Western Balkans. Over the past decades, comparative legal research published therein seems to almost unequivocally include references to the still ongoing European integration processes, seen through the lens of various national legal systems. First and foremost, the current volume of Strani pravni život (Foreign Legal Life) standing before you aims to somewhat narrow down this approach and, addressing the proposal for introducing thematic volumes, voiced by the journal's Editorial Board, showcase the law of the Baltic states-primarily Estonia, Latvia, and Lithuania. This was done for several reasons. The relevance of the European integration experience of the Baltic states for the Western Balkan countries is evident. The three Baltic States-Estonia, Latvia, and Lithuania
The Republic of Latvia 139 method of respectful dialogue is the foundation for judicial cooperati... more The Republic of Latvia 139 method of respectful dialogue is the foundation for judicial cooperation in Latvia since it aims to strengthen judicial power. 4 'Judicial dialogue' is a method that emphasises judicial cooperation on the national level, as well as beyond it. The Constitutional Court also maintains a judicial dialogue with courts outside Latvia's national borders. The Constitutional Court has not shied away from using the case of law of other countries. 'Borrowing' the best practice from the constitutional courts of other countries is a generally known method, which, when the scope is appropriate, is also recognised in Latvia. Using the case law of the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU) is an integral part of the Constitutional Court's judicature.
International Organizations and States’ Response to COVID-19, 2021
The article offers an analysis of the constitutional regulation of the state of emergency, which ... more The article offers an analysis of the constitutional regulation of the state of emergency, which was declared twice in Latvia in 2020 to limit the spread of COVID-19. Those decisions have influenced all people. The work of all constitutional institutions has also been affected. To achieve the goal of limiting the spread of COVID-19, as well as ensuring the continuity of important state functions and services, both during and after the emergency, significant restrictions were imposed. The article describes the system of limitations, which is included in several normative acts, as well as in general administrative acts. Not the entire society in Latvia treated the imposed restrictions unequivocally. To defend violated fundamental rights, people could use legal remedies and turn to administrative courts and the Constitutional Court. The article provides an analysis of case law based on the actual application of the law. In accordance with the competence of each court, administrative courts reviewed the limitations imposed by general administrative acts, whereas the Constitutional Court reviewed the constitutionality of general legal norms.
This article analyses important issues brought up in public regarding one of the constitutional i... more This article analyses important issues brought up in public regarding one of the constitutional institutions – formation of the Constitutional Court. At the outset, the article looks at the models of accessing the position of the Constitutional Court justice, their weaknesses and also responsibility of persons engaged in the appointment of justices. Challenges of parliamentary procedures are also discussed, especially considering that the platform e-Saeima was used as the voting platform to appoint the justice. The article also reflects a debate on whether a Constitutional Court justice can be appointed only once in a lifetime, keeping in mind the recent amendments to the Constitutional Court Law, including reappointment mechanism if the judge has had to leave the position before expiration of 10 years’ mandate. Finally, the article analyses the role and meaning of decisions made by a special institution – Judicial Council – when appointing the Constitutional Court justice.
In view of the current relevance of the concept of sustainability, the article examines the appli... more In view of the current relevance of the concept of sustainability, the article examines the application of this principle within the system of higher education in three essential areas, analysing the existing situation and outlining the necessary improvements in the context of sustainability. The article also reveals the impact of the rulings delivered by the Constitutional Court of the Republic of Latvia on the sustainable development of institutions of higher education, highlighting the rulings, which directly deal with issues important for institutions of higher education, inter alia, in the context of the development of the rule-of-law state. The author also expresses her opinions on the need for a dialogue between the legislator and the Constitutional Court on these matters, as well as urges to seek solutions to several essential issues regulating the life of institutions of higher education – both with respect to regulation on the employment legal relationship and the criteria...
The article addresses the current matters in the Constitutional Court procedure, pointing out two... more The article addresses the current matters in the Constitutional Court procedure, pointing out two main issues regarding the independence of the court and judge: independence and impartiality. Constitutional Court Law forbids recusal of the Constitutional Court judge, but it does not provide for withdrawal of a judge expressis verbis. Taking into account legal norms stating that the Court shall hear cases in full bench, if objective circumstances do not prevent them from taking part in the court sitting, and also considering the practice of the Court, the author reports on actual cases which are important for better understanding of the Constitutional Court procedure. The author also analyses and provides arguments concerning the question of how to hear a case, if the challenged legal norm touches or reflects upon other judges.
The article is dedicated to the concept of subsidiarity as the strategic aim and constitutional p... more The article is dedicated to the concept of subsidiarity as the strategic aim and constitutional principle of the state, as well as its interaction with higher education. Since higher education is an inseparable part of the state, reaching the aim of developing a sustainable state also requires the sustainability of higher education. The author discovers three main aspects of this interconnection between sustainability and higher education: institutional, content-related and result-related. It is also concluded that employees are among the main resources of the higher education institutions; academia is a prerequisite for achieving sustainability of the state. Consequently, the author expresses conclusions of difficulties which higher education system faces after the judgement of the Constitutional Court came into legal force, and several legal norms regulating labour (employment) relations at the universities lost their legal force.
Institute of International Politics ; Economics eBooks, 2021
The article offers an analysis of the constitutional regulation of the state of emergency, which ... more The article offers an analysis of the constitutional regulation of the state of emergency, which was declared twice in Latvia in 2020 to limit the spread of COVID-19. Those decisions have influenced all people. The work of all constitutional institutions has also been affected. To achieve the goal of limiting the spread of COVID-19, as well as ensuring the continuity of important state functions and services, both during and after the emergency, significant restrictions were imposed. The article describes the system of limitations, which is included in several normative acts, as well as in general administrative acts. Not the entire society in Latvia treated the imposed restrictions unequivocally. To defend violated fundamental rights, people could use legal remedies and turn to administrative courts and the Constitutional Court. The article provides an analysis of case law based on the actual application of the law. In accordance with the competence of each court, administrative courts reviewed the limitations imposed by general administrative acts, whereas the Constitutional Court reviewed the constitutionality of general legal norms.
In the article, the author explains the foundation and the constitutional regulation of the Latvi... more In the article, the author explains the foundation and the constitutional regulation of the Latvian Constitutional Court marking its place within the principle of the separation of powers. The appointment of the justices and some novelties along with problems encountered in the justice selection procedure is provided in other chapter of the article. By describing the competence of the Constitutional Court, it is pointed out that it is very narrow as the Constitutional Court adjudicates only cases about conformity of legal enactments with the norms of higher hierarchy. The author analyses also the circle of persons who can stand before the Court. Special emphasis is given to the constitutional complaint-a petition which can be submitted to the Constitutional Court by an individual and which marks also dialogue between the Latvian Constitutional Court and the European Court of Human Rights. At the end, the author explains the legal force and real influence of judgments of the Constitutional Court, including rights of the Constitutional Court to determine a point in time when the anticonstitutional regulation becomes null and void. The author concludes that the Constitutional Court not only theoretically, but also in reality ensures a system for the constitutional order and values, as well as principles in the Republic of Latvia.
This article analyses important issues brought up in public regarding one of the constitutional i... more This article analyses important issues brought up in public regarding one of the constitutional institutions-formation of the Constitutional Court. At the outset, the article looks at the models of accessing the position of the Constitutional Court justice, their weaknesses and also responsibility of persons engaged in the appointment of justices. Challenges of parliamentary procedures are also discussed, especially considering that the platform e-Saeima was used as the voting platform to appoint the justice. The article also reflects a debate on whether a Constitutional Court justice can be appointed only once in a lifetime, keeping in mind the recent amendments to the Constitutional Court Law, including reappointment mechanism if the judge has had to leave the position before expiration of 10 years' mandate. Finally, the article analyses the role and meaning of decisions made by a special institution-Judicial Councilwhen appointing the Constitutional Court justice.
In view of the current relevance of the concept of sustainability, the article examines the appli... more In view of the current relevance of the concept of sustainability, the article examines the application of this principle within the system of higher education in three essential areas, analysing the existing situation and outlining the necessary improvements in the context of sustainability. The article also reveals the impact of the rulings delivered by the Constitutional Court of the Republic of Latvia on the sustainable development of institutions of higher education, highlighting the rulings, which directly deal with issues important for institutions of higher education, inter alia, in the context of the development of the rule-of-law state. The author also expresses her opinions on the need for a dialogue between the legislator and the Constitutional Court on these matters, as well as urges to seek solutions to several essential issues regulating the life of institutions of higher education-both with respect to regulation on the employment legal relationship and the criteria set for the Latvian Science Council's expert in the legal science.
Only in 1998, the Constitution of the Republic of Latvia-Satversme, which has been adopted more t... more Only in 1998, the Constitution of the Republic of Latvia-Satversme, which has been adopted more than a hundred years ago and is one of the oldest constitutions in Europe, was supplemented with a new chapter concerning the regulation of fundamental human rights. Until the adoption of Chapter 8 of the Satversme, only a few fundamental human rights could be found in the Constitution. The article discusses the development of the regulation of fundamental rights in the Satversme, the importance of fundamental rights in a democratic state, as well as reflects the catalogue of fundamental rights. In the article, the authors, looking at the catalogue of fundamental rights included in the Satversme, analyses fundamental rights by dividing them in groups, i.e. civil, political, social, economic, cultural and solidarity rights. The publication outlines the most characteristic features of each group of fundamental rights, points out content of those rights and looks into the recent case law of the Constitutional Court. The publication can contribute to the study material for law students of constitutional law course.
Court hearing, examined the case No. 2007-21-01 "On Compliance of the Second Part of Section 7 of... more Court hearing, examined the case No. 2007-21-01 "On Compliance of the Second Part of Section 7 of the Law "On Public Transport Services" with Articles 2, 3 and the First, Third and Fourth Part of Article 4 of the European Charter of Local Self-Governments of October 15, 1985" and established the following: 1.1. On 19 May 1994, the Saeima (Parliament) of the Republic of Latvia (hereinafter-the Saeima) adopted the Law "On Local Governments" that initially provided that "In Latvia, there will be the following local governments: 1) city local governments; 2) district local governments; 3) parish local governments". At that time, the Law on Election of City Councils, District Councils and Parish Councils provided that city local councils, district councils, and parish councils shall be elected in equal, direct, secret and proportional elections. 2 1.2. On 22 February 1996, the Saeima adopted the Law "On the European Charter of Local Self-Governments of 15 October 1985" that confirmed and adopted the European Charter of Local Self-Governments signed on 15 October 1985 in Strasbourg (hereinafterthe Charter). Under Article 1 and Article 12 of the Charter, the Republic of Latvia undertook regarding Article2, Article 3 and Article 4 Paragraphs 1, 3 and 4 as binding on it (hereinafterthe above mentioned articles and paragraphs of the Charter referred to as "part"). 1.3. On 13 November 1997, the Saeima adopted the Law "Amendments to the Law "On Local Governments"" that provided that "in Latvia, there will be two kinds of local governments: 1) local self-governmentscity and parish local governments; 2) district local governments". Moreover, district council is constituted by chairpersons of all parish and city councils of the respective district. 1.4. In 30 April 2002, the Saeima adopted the Law "Amendments to the Satversme of the Republic of Latvia", by establishing in the first sentence of Article 101 Paragraph 2 of the Satversme [Constitution] that "local governments shall be elected by Latvian citizens". However, on 23 September 2004, the Saeima adopted the Law "Amendments to the Satversme of the Republic of Latvia" by establishing in the first sentence of Article 101 Paragraph 2 of the Satversme [Constitution] that "local governments shall be elected by Latvian citizens and citizens of the European Union who permanently reside in Latvia". 1.5. On 14 June 2007, the Saeima adopted the Law "On Public Transport Services" (hereinafter-Public Transport Law) that came into effect on 15 July 2007. According to Para 1 of the Transitional Provisions of this Law, the Law shall be applied to provision of public transport services after 1 January 2008. Section 4 Paragraph 1 of the Public Transport Law commissions implementation of State administration in the field of public transport to the Ministry of Transport and local governments, whilst Section 5 of the Public Transport Law establishes field of competence of the Road Transport Administration, republic cities and local governments in the field of public transport. 3 However, Section 7 "Route Network Borders" Paragraph 1 and 2 of the Public Transport Law provides: "(1) If a route of city significance of a route network overruns the administrative boundaries of a city, local government of republic city and a district shall, upon coordination with the Road Transport Administration, enter into an agreement regarding the boundaries of the city and of the regional route network of local significance. If the local government of Riga City and Riga district fails to into the agreement on the route network boundaries, these boundaries shall be determined by the Road Transport Administration. (2) The local government of Riga City and Riga district shall enter into the agreement referred to in Paragraph one of this Section, if a route of city significance of the Riga City route network overruns the administrative boundaries of the city by more than 15 kilometers." 2. The Riga district local government (hereinafterthe Applicant) indicated in its application to the Constitutional Court that Section 7 Paragraph 2 of the Public Transport Law (hereinafterthe Contested Norm) does not comply with Article 2, Article 3 and Article 4 Paragraph 1, 3 and 4 of the charter. Under Section 6 Paragraph 1, Section 7, Section 15 Paragraph 1 and Section 19 Paragraph 2 of the Law "On Local Governments", organization of public transport services within administrative territory boundaries of the Riga city is an autonomous function and competence of the Riga District Council in the field of public law. Latvian citizens living in Riga district have commissioned the competence to deal with this issue to the Riga District Council. The Contested Norm permits, however, that "Riga city local government exceeds the limits of its competence and intervenes, in a rough manner, with the competence of the Riga district" (case materials, Vol. 1, pp. 1). The Applicant indicates that, by adopting the Contested Norm, the legislator has failed to observe Section 7 Paragraph 1 of the Law "On Local Governments". The above mentioned section provides that the autonomous function of local governments shall be performed in accordance with procedures prescribed in relevant laws and Cabinet regulations. Consequently, the legislator, by commissioning the Riga City 4 4 Council to implement functions of local governments in the administrative territory of Riga district, has intervened with the autonomous function of the Riga District Council rather than established a particular procedure. Moreover, when elaborating the Contested Norm, opinions of the society, the Riga District Council, the Latvian Association of Local and Regional Governments and the Latvian Association of Passenger Road Carriers, as well as that of the Ministry of Regional Development and Local Governments were taken into account The Applicant maintains that the Contested Norm considerably hampers performance of the autonomous function of the local government in the territory of Riga district. As to its legal status, the Applicant indicates that all local governments of the Riga district have been freely elected in equal, direct and general election by means of secret voting. The same applies to heads of local governments, i.e. chairpersons. The Riga District Council has been elected by mediation; therefore it can be regarded as local government of the second level. 3. The institution that adopted the contested act, the Saeima of the Republic of Latvia (hereinafterthe Saeima) holds that the Contested Norm does comply with the above mentioned norms of the Charter and asks the Court to reject the Application. The Saeima considers that compliance of the Contested Norm with Article 2, Article 3 and Article 4 Paragraph 1 of the Charter is evident; namely, the Contested Norm "is not related" with the above mentioned norms of the Charter (case materials, Vol. 3, pp.37). The Saeima assesses compliance only of the Contested Norm with Section 4 Paragraph 3 and 4 of the Charter. It has been indicated in the reply that district council per se shall not be regarded as local government in the meaning of Article 3 of the Charter; namely, district council is not an institution that has been "freely elected based on the right to equal, direct and general elections by mediation of secret voting". This does not mean, however, that in this case the Charter cannot be indirectly applied to a district council. Under requirements of Article 4 Paragraph 3 of the Charter, each local government must
The article provides an analysis of interaction of the principle of sustainability and environmen... more The article provides an analysis of interaction of the principle of sustainability and environmental protection in the case law of the Constitutional Court. The principle of sustainability in Latvian constitutional law is a quite new one. Still, it is applied by the Constitutional Court reviewing different cases. It is included also in the written text of the Constitution and all development of the state is focused on sustainability. As environmental protection is the core of this principle, the Constitutional Court has applied it by solving different environmental issues. The article points out also the content of environmental constitutionalism. Namely, in Latvia, it is implemented also as a specific fundamental right to live in a benevolent environment. Legal remedies such as those before the administrative court and the Constitutional Court are analysed which can be used to protect violated fundamental rights. To get insight into the case law of the Constitutional Court, three different issues are explained. First, the importance of agricultural land and its cultivation and protection by achieving the idea of sustainability is given. Then the author explains the main arguments of the application of this principle in spatial planning. In the end, sustainable energy cases where sustainability is applied lead to conclusions about the future and importance of renewable sources.
In the article, the author explains the foundation and the constitutional regulation of the Latvi... more In the article, the author explains the foundation and the constitutional regulation of the Latvian Constitutional Court marking its place within the principle of the separation of powers. The appointment of the justices and some novelties along with problems encountered in the justice selection procedure is provided in other chapter of the article. By describing the competence of the Constitutional Court, it is pointed out that it is very narrow as the Constitutional Court adjudicates only cases about conformity of legal enactments with the norms of higher hierarchy. The author analyses also the circle of persons who can stand before the Court. Special emphasis is given to the constitutional complaint - a petition which can be submitted to the Constitutional Court by an individual and which marks also dialogue between the Latvian Constitutional Court and the European Court of Human Rights. At the end, the author explains the legal force and real influence of judgments of the Consti...
While it is well established in the literature that legal science stricto sensu includes activiti... more While it is well established in the literature that legal science stricto sensu includes activities directed toward identification of the content of law, the legal science ampio sensu has a broader meaning, as also includes the set of disciplines that have in some sense the law as an object of study, such as the science of law, legal theory, jurisprudence, legal dogmatics, the sociology of law, legal anthropology, comparative law, history of law, and science of legislation. 1 This broader approach is embedded in the very act by which the Institute of Comparative Law in Belgrade was founded 2 in 1955, and is continually reaffirmed in its work and the work of its researchers. The Institute's staple journal, Strani pravni život (Foreign Legal Life), bears the same hallmark. As one of the oldest legal journals in Serbia, initially conceived as a bulletin containing reviews of current achievements in comparative legal theory, legislation and practice, it has since grown to foster academic debate and publish original scientific research centring on international and comparative law, contributing further to contemporary legal science not just in Serbia, but also in the Western Balkans. Over the past decades, comparative legal research published therein seems to almost unequivocally include references to the still ongoing European integration processes, seen through the lens of various national legal systems. First and foremost, the current volume of Strani pravni život (Foreign Legal Life) standing before you aims to somewhat narrow down this approach and, addressing the proposal for introducing thematic volumes, voiced by the journal's Editorial Board, showcase the law of the Baltic states-primarily Estonia, Latvia, and Lithuania. This was done for several reasons. The relevance of the European integration experience of the Baltic states for the Western Balkan countries is evident. The three Baltic States-Estonia, Latvia, and Lithuania
The Republic of Latvia 139 method of respectful dialogue is the foundation for judicial cooperati... more The Republic of Latvia 139 method of respectful dialogue is the foundation for judicial cooperation in Latvia since it aims to strengthen judicial power. 4 'Judicial dialogue' is a method that emphasises judicial cooperation on the national level, as well as beyond it. The Constitutional Court also maintains a judicial dialogue with courts outside Latvia's national borders. The Constitutional Court has not shied away from using the case of law of other countries. 'Borrowing' the best practice from the constitutional courts of other countries is a generally known method, which, when the scope is appropriate, is also recognised in Latvia. Using the case law of the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU) is an integral part of the Constitutional Court's judicature.
International Organizations and States’ Response to COVID-19, 2021
The article offers an analysis of the constitutional regulation of the state of emergency, which ... more The article offers an analysis of the constitutional regulation of the state of emergency, which was declared twice in Latvia in 2020 to limit the spread of COVID-19. Those decisions have influenced all people. The work of all constitutional institutions has also been affected. To achieve the goal of limiting the spread of COVID-19, as well as ensuring the continuity of important state functions and services, both during and after the emergency, significant restrictions were imposed. The article describes the system of limitations, which is included in several normative acts, as well as in general administrative acts. Not the entire society in Latvia treated the imposed restrictions unequivocally. To defend violated fundamental rights, people could use legal remedies and turn to administrative courts and the Constitutional Court. The article provides an analysis of case law based on the actual application of the law. In accordance with the competence of each court, administrative courts reviewed the limitations imposed by general administrative acts, whereas the Constitutional Court reviewed the constitutionality of general legal norms.
This article analyses important issues brought up in public regarding one of the constitutional i... more This article analyses important issues brought up in public regarding one of the constitutional institutions – formation of the Constitutional Court. At the outset, the article looks at the models of accessing the position of the Constitutional Court justice, their weaknesses and also responsibility of persons engaged in the appointment of justices. Challenges of parliamentary procedures are also discussed, especially considering that the platform e-Saeima was used as the voting platform to appoint the justice. The article also reflects a debate on whether a Constitutional Court justice can be appointed only once in a lifetime, keeping in mind the recent amendments to the Constitutional Court Law, including reappointment mechanism if the judge has had to leave the position before expiration of 10 years’ mandate. Finally, the article analyses the role and meaning of decisions made by a special institution – Judicial Council – when appointing the Constitutional Court justice.
In view of the current relevance of the concept of sustainability, the article examines the appli... more In view of the current relevance of the concept of sustainability, the article examines the application of this principle within the system of higher education in three essential areas, analysing the existing situation and outlining the necessary improvements in the context of sustainability. The article also reveals the impact of the rulings delivered by the Constitutional Court of the Republic of Latvia on the sustainable development of institutions of higher education, highlighting the rulings, which directly deal with issues important for institutions of higher education, inter alia, in the context of the development of the rule-of-law state. The author also expresses her opinions on the need for a dialogue between the legislator and the Constitutional Court on these matters, as well as urges to seek solutions to several essential issues regulating the life of institutions of higher education – both with respect to regulation on the employment legal relationship and the criteria...
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