The Constitutional Court has terminated proceedings in the case on land use planning of Bulduri territory
The Constitutional Court has adopted a decision regarding termination of proceedings in the case No. 2008-23-03 “On Compliance of the Binding Regulations of the Jūrmala City Council of December 1, 2004 No. 22 “On Confirmation of the Binding Part of the Draft Detailed Plan “Bulduri 1001”” with Article 115 of the Satversme (Constitution) of the Republic of Latvia”.
Article 115 of the Satversme provides for the rights of each person to live in a benevolent environment.
The Constitutional Court has reiterated in its judgments that the legislator must provide for the term within which it is allowed to contest land use planning at the Constitutional Court. The Saeima (Parliament) has not yet done it. Before a precise term is established in normative acts, the Constitutional Court takes the responsibility to assess whether the application, wherewith the detailed plan was contested, has not been submitted too late.
The Constitutional Court has concluded that the applicants have filed the constitutional claim more than three and a half years after coming into force of the land use plan (detailed plan). During this period, construction has been carried out in the territory under review, and several objects out of them have already been finished. In several land parcels that fall within the territory of the detailed plan, it would be hard and even impossible to restore the situation that existed before coming into force of the contested detailed plan.
Consequently, the Court has concluded that too long time period has passed since coming into force of the contested detailed plan. Recognition of the detailed plan as invalid would now contradict the principle of legal stability and legal security. Consequently, proceedings in this case are terminated.
The decision of the Constitutional Court is final and not subject to appeal.
Linked case: 2008-23-03