Current developments in judicial proceedings in February 2025
In February 2025, the Constitutional Court delivered judgments in three cases:
By a judgment of 13 February 2025 in case No. 2024-06-01 it was declared that the obligation to use the official language in paid pre-election campaigns conforms to Article 100 of the Constitution. The case was initiated on the basis of a constitutional complaint submitted by a political party. According to the abovementioned political party, provisions of the Pre-election Campaign Law prohibit it to conduct paid pre-election campaigns in a foreign language other than the official languages of the European Union (including Russian) and therefore impose a disproportionate restriction on the right to freedom of expression. The Constitutional Court recognised that the formation of the free will of the electorate was under threat in the current geopolitical situation. Russia has extended its information influence measures in order to separate the Russian-speaking population from the rest of society and to undermine the political stability of Latvia. Consequently, the contested provisions which extend the use of the official language and reduce the use of foreign languages during pre-election campaigns protect public security and the democratic structure of the state. It was also taken into consideration by the Court that the contested provisions do not absolutely prohibit the communication of political parties with voters in foreign languages (e.g. unpaid pre-election campaigns or individual communication). Therefore, the restriction of fundamental rights contained in the contested provisions was found to be proportionate.
In a judgment of 19 February 2025 in case No. 2022-01-01 it was declared that the legal regulation prescribing the procedure for accessing case materials in proceedings regarding criminally acquired property conform to the first sentence of Article 92 of the Constitution. The case was initiated on the basis of constitutional complaints submitted by several private individuals. It was stated in the complaints that due to the contested provisions of the Criminal Procedure Law the person directing the proceedings could deny to the person related to the property access to the materials of the proceedings regarding criminally acquired property on which the presumption of the criminal origin of the property was based. The Constitutional Court concluded that in each individual case the contested provisions ensured an individual assessment by the person directing the proceedings of whether the particular materials should be disclosed to the person related to the property. If the respective person disagreed with the assessment of the person directing the proceedings, he or she was entitled to appeal against the decision to a court which verified whether the fundamental rights of the person related to the property were respected. Hence, the contested provisions ensured a fair balance between the principle of equal opportunities to the parties which is one of the elements of the right to a fair trial and the protection of the investigative secrets.
By a judgment of 24 February 2025 in case No. 2023-40-01 it was declared that the provisions which until 22 October 2024 denied a person in the proceedings regarding criminally acquired property the right to submit evidence to the regional court for objective reasons do not comply with the first sentence of Article 92 of the Constitution. The case was initiated on the basis of constitutional complaints submitted by several private individuals. It was stated in the complaints that by prescribing the prohibition to submit evidence to the regional court the contested provision of the Criminal Procedure Law imposed a disproportionate restriction on the right to a fair trial and therefore violated the principle of equal opportunities to the parties. The Constitutional Court acknowledged that there should be a balance between the right of parties to proceedings to submit evidence and the efficiency of the proceedings. The Court concluded that various situations were possible where the person related to the property could submit evidence only to the regional court for objective reasons. Nevertheless, until 22 October 2024, i.e. the date when another provision of the Criminal Procedure Law regarding submission of evidence to a regional court entered into force, the contested provision failed to ensure such a balance. In particular, it prevented the submission of evidence to a regional court also for objective reasons and therefore did not comply with the right to a fair trial.
In February, the Constitutional Court at an open court hearing with the participation of participants to the case started reviewing case No. 2024-09-01 regarding the mortgage credit borrower protection fee and the related credit interest compensation. Anyone may follow the court hearing on the YouTube account of the Constitutional Court. The examination of two cases, i.e. case No. 2022-32-01 regarding proving that property has been criminally acquired and case No. 2024-04-01 regarding the corporate income tax surcharge, was started in the written procedure.
In total, 14 cases were in the preparation stage and the preparation of two cases for adjudication was completed at the Constitutional Court. In addition to the four cases for which the procedure and date for hearing the cases had been determined beforehand, the Constitutional Court decided upon the procedure and the date for hearing of one additional case.
A total of 24 applications have been handed over for review to panels of the Constitutional Court. Among these applications, 23 were submitted by private individuals and one by the Senate. Having reviewed a constitutional complaint submitted by a private individual at the end of 2024, the Constitutional Court initiated case No. 2025-11-03 regarding the lawfulness of the local plan issued by the Jūrmala City Council. Furthermore, 17 decisions were adopted on refusal to initiate a case with respect to the following applications:
- application No. 142/2024 regarding provisions included in the binding regulations of the Ventspils City Council prescribing the obligation of the immovable property owner to clean up the adjoining territory of the immovable property. Decision on the application.
- application No. 143/2024 regarding provisions of the Civil Procedure Law which prevent an appellate court from revoking the judgment of a court of first instance and sending the case for examination de novo in a court of first instance if the court of first instance committed a procedural infringement that denies a person access to the court. Decision on the application.
- application No. 6/2025 regarding the right of the Senate provided for by the Civil Procedure Law to refuse to initiate cassation proceedings by an unmotivated summary decision where there is no clear evidence to deem that outcome of the case included in the appealed judgment is incorrect and that the case to be examined has a significant meaning for ensuring a unified case-law or further development of law. Decision on the application.
- application No. 7/2025 regarding legal provisions of the Criminal Procedure Law and the Criminal Law that provide for compensation mechanisms if it is established that criminal proceedings have not been completed within reasonable time. Decision on the application.
- application No. 8/2025 regarding provisions of the Criminal Law that provide for compensatory mechanisms if it is established that criminal proceedings have not been completed within reasonable time. Decision on the application.
- application No. 11/2025 regarding provisions of the Civil Procedure Law that provide for the grounds for exempting the parties to the proceedings from the obligation to prove facts established by a judgment which has entered into force in another civil case. Decision on the application.
- application No. 12/2025 regarding provisions of the Cabinet Regulation No. 943 of 18 December 2012, Procedures for the Certification of Medical Practitioners, which prescribed the procedures for the cancellation of a certificate of a medical practitioner. Decision on the application.
- application No. 13/2025 regarding provisions of the Civil Procedure Law prescribing that the sale of immovable property by auction may be cancelled only after payment of both the debt and the expenses for the enforcement of a judgment. Decision on the application.
- application No. 14/2025 regarding provisions of the Insolvency Law that provide for the application of insolvency proceedings of a legal person to a debtor who has not honoured its obligations which are past due for more than two months. Decision on the application.
- application No. 15/2025 regarding provisions of the Law on Administrative Liability prescribing the manner in which the court notifies a judgment to a party to the proceedings. Decision on the application.
- application No. 16/2025 regarding the constitutionality of the Residential Tenancy Law. Decision on the application.
- application No. 17/2025 regarding provisions of the Labour Law prescribing the right of an employer to give a notice of termination of an employment contract if an employee has been absent from work for more than six months due to a temporary incapacity for work. Decision on the application.
- application No. 18/2025 regarding provisions of the Law on State Pensions which provide for the calculation of old-age pensions for the period up to 1995. Decision on the application.
- application No. 19/2025 regarding provisions of the Cabinet Regulation No. 1013 of 9 December 2008, Procedures by which an Apartment Owner in a Residential Apartment House shall Pay for Services which are Related to the Use of the Residential Property, in relation to the calculation of fees for waste management if the information on the persons declared in the apartment has been cancelled. Decision on the application.
- application No. 20/2025 regarding provisions of the Civil Procedure Law insofar as they do not provide for a right of a defendant to submit additions to a counterclaim. Decision on the application.
- application No. 21/2025 regarding provisions of the Law on State Social Insurance, insofar as they do not provide for a parental insurance for a person whose spouse performs diplomatic service abroad. Decision on the application.
- application No. 22/2025 regarding provisions of the Law on Remuneration of Officials and Employees of State and Local Government Authorities prescribing the general principles for determining the amount of the monthly salary of officials. Decision on the application.
This information has been prepared for the purpose of raising awareness about the work of the Constitutional Court. This information does not constitute part of a court ruling and is not binding upon the Constitutional Court.