A case initiated with respect to norms that established the obligation to abide by the building standards of the former USSR
On 25 July 2018, the 2nd Panel of the Constitutional Court initiated the case “On Compliance of Para 4 and Para 5 of the Cabinet Regulation of 21 April 1998 No. 139 “Regulation on the Latvian Building Standard LBN 205‑97 “The Standards of Designing Masonry and Reinforced Masonry Constructions”” with Article 90 of the Satversme of the Republic of Latvia.”
The Contested Norms
Para 4 and of the Cabinet Regulation of 21 April 1998 No. 139 “Regulation on the Latvian Building Standard LBN 205‑97 “The Standards of Designing Masonry and Reinforced Masonry Constructions”” (hereinafter – Regulation No. 139):
“Until the Latvian Building Standard LBN 004 “Loads and Impacts. The Basic Principles of Design” is approved, the value of loads and impacts, coefficient of safety and combinations of loads shall be taken in accordance with the requirements of SNiP 2.01.07-85.”
Para 5 of Regulation No. 139:
“Until the Latvian Building Standard LBN 204 “The Design Standards of Steel Constructions” is approved, the calculations of inserted metal pieces shall be done in accordance with SNiP II 23-81* “Steel Constructions. Design Standards”.
The Norm of Higher Legal Force
Article 90 of the Satversme: “Everyone has the right to know about his or her rights.”
The Facts of the Case
The case has been initiated on the basis of an application submitted by a person, whose certificate of building practice has been annulled, inter alia, on the basis of the contested norm.
The Applicant notes that the building standards of the former USSR, which he had to abide by pursuant to the contested norms, had not been promulgated and are not accessible in the procedure defined in regulatory enactments. Thus, the Applicant holds that the contested norms infringe upon his fundamental right defined in Article 90 of the Satversme to know about his rights.
Legal Proceedings
The Constitutional Court has requested the Cabinet to provide a reply on the facts of the case and legal substantiation by 25 September 2018.
The term for preparing the case is 25 December 2018. The Court shall decide upon the procedure and the date for hearing the case after the case has been prepared.
Open in PDF: 2018-13-03_PR_par_ierosinasanu_ENG
Linked case: 2018-13-03