Proceedings in the case on restrictions regarding re-electing judges have been terminated
The Constitutional Court has adopted a decision to terminate proceedings in the case No. 2010-68-01 “On Compliance of Section 6(1) of the Saeima Election Law insofar as It Applies to a Judge Nominated as Election Candidate with Article 1 of the Satversme”.
Article 1 of the Satversme provides that Latvia is an independent democratic republic. The Contested Norm established the following: “if a judge, a prosecutor has been nominated as an election candidate, he/she must resign from office (service) after the list of candidates for the Saeima elections has been registered and must submit the documents certifying his/her resignation to the Central Election Commission within one month
The applicant, the Administrative Court held that the contested norm does not comply with the principle of proportionality. The above mentioned court addressed the Constitutional Court when examining an administrative case regarding crossing of a Mrs. Sandra Briķe, a judge of a court of general jurisdiction, from the list of candidates for the elections for the 10th Saeima.
The Constitutional Court concluded that the contested norm has lost effect on March 24 of this year. The application did not contain any claim to recognize the norm as null and void as from the date of adopting it or coming into force thereof. Moreover, the Constitutional Court concluded that, in cases on the right to vote, legal stability is of great importance; however, recognition of a norm as null and void with retroactive effect would cause legal uncertainty.
Consequently, the Court decided to terminate proceedings in the present case.
The judgment of the Constitutional Court is final and not subject to appeal.
Linked case: 2010-68-01