The Constitutional Court initiated a case on a norm that prohibits judges to take membership in political parties
On 19 July 2012, the Second Panel of the Constitutional Court initiated a case “On Compliance of Section 86 (3) of the Law “On Judicial Power” with Article 102 of the Satversme of the Republic of Latvia”.
The Contested Norm
Section 86 (3) of the Law “On Judicial Power” provides that the office of a judge may not be combined with membership in a party or other political organisation”.
The Facts
The applicant Mr. Janis Neimanis who was confirmed a judge on 2007 indicates that the prohibition included into the contested norm stating that a judge to take membership in a political party restricts the right to freedom to joint associations established in Article 102 of the Satversme.
The applicant holds that nowadays the Contested Norm is no more grounded. Its legitimate aim, namely, the aim to ensure independence of judges can be reached by other less restrictive measures.
Legal Proceedings
The Saeima was asked to submit, before 19 September 2012, a reply on the facts of the case and legal substantiation thereof.
The term of preparation of the case is 19 December 2012.
Linked case: 2012-16-01