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On compliance of the fifth part of Section 11 and the third and fourth part of Section 13 of the law “On Official Secrets” with the first sentence of Article 92, Article 96 and the first sentence of Article 106 of the Satversme of the Republic of Latvia

The Constitutional Court held:
1) to terminate legal proceedings in the part regarding compliance of Section 11 (5) and Section 13(3) and Section 13(4)of the law “On Official Secrets”with Article 96 of the Satversme of the Republic of Latvia;
2) to recognise Section 11 (5) and Section 13 (3) of the law “On Official Secrets”, insofar these norms with respect to annulment of a special permit provide that the Prosecutor’s General decisions is final and not subject to appeal, as being incompatible with the first sentence of Article 92 of the Satversme of the Republic of Latvia and invalid as of 1 July 2018;
3) to recognise the second sentence of Section 13(4) of the law “On Official Secrets”, insofar it provides that following adoption of the final decision on annulment of a special permit a person must be transferred immediately to a job that is not related to official secrets or legal employment (service) relations with him must be terminated,as being compatible with the first sentence of Article 106 of the Satversme of the Republic of Latvia;
4) to recognise words“and henceforth he or she shall be denied receipt of a special permit” in the second sentence of Section 13 (4) of the law “On Official Secrets”as being incompatible with the first sentence of Article 106 of the Satversme of the Republic of Latvia and invalid as of 1 July 2018.

The Judgement is final and not subject to appeal.