A case on the use of services of a representative in an administrative procedure has been initiated
The First Panel of the Constitutional Court has initiated a case “On Compliance of the Fourth Part of Section 18 of the Administrative Procedure Law with Article 92 of the Satversme of the Republic of Latvia”.
Article 92 of the Satversme provides, among the rest things that “everyone, where his or her rights are violated without basis, has a right to commensurate compensation, and everyone has a right to the assistance of a counsel”.
The contested norm establishes the following: “In administrative matters, which are complicated for the addressee, pursuant to a decision of an institution or court, and taking into account the financial circumstances of the natural person, remuneration to a representative of the natural person shall be paid from the State budget. The amount of remuneration shall be established by the Cabinet of Ministers.”
The applicant, the Administrative Regional Court holds that the contested norm does not comply with Article 92 of the Satversme because it provides for remuneration for the representative only in the cases that were recognized, by an institution or court, as complicated, and the remuneration is related with the financial circumstances of the person to be represented. However, a person who has not been recognized as a low income person or whose case was not recognized as a complicated one has no possibility to receive remuneration for expenses for legal assistance even in the event if the administrative act issued by the institution or its actual activity is recognized as unlawful.
The Saeima (Parliament) was asked to provide, before 12 April 2010, a reply on factual circumstances of the case and legal justification thereof. The term of preparation of the case is 12 July 2010.
Linked case: 2010-11-03