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On compliance of Section 627, Paragraph four and five of the Criminal Procedure Law with the first sentence of Article 92 of the Constitution of the Republic of Latvia
Combined case: 2022-01-01
Regarding Compliance of the Order No. 1-2/11040 of 21 December 2021 of the Minister for Environmental Protection and Regional Development "Regarding Suspension of the Effect of Binding Regulations No. 22/2021 of the Ķekava Municipality Council dated 8 September 2021 “Regarding the Operation of Gambling at Ķekava Municipality” with Section 41, Paragraph Two, Clause 11, and Section 42, Paragraph Ten of the Law on Gambling and Lotteries, as well as with Section 49, Paragraph One of the Law On Local Governments
On Compliance of the Third Part of Section 631 of the Criminal Procedure Law with the First Sentence of Article 92 of the Satversme of the Republic of Latvia
Combined case: 2021-44-01
On compliance of Article 38 paragraph 1 and the first and second phrase of paragraph 2 of the Law “on the entry into force and implementation arrangements for the introductory part of the re-established Civil Code of the Republic of Latvia of 1937 and the parts governing inheritance law and rights in rem” with the Articles 1 and 91, and the first and third phrase of Article 105 of the Constitution of the Republic of Latvia
Combined case: 2022-10-01
On Compliance of Para 1 of Section 23 of the Punishment Register Law, insofar it applies to information about an acquitted person, with Article 96 of the Satversme of the Republic of Latvia
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Storing the personal data of an acquitted person in the archives of the Punishment Register for their entire lifetime is incompatible with the Satversme
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A case initiated with respect to a norm that provides that information about an acquitted person is stored in the archives database of the Punishment Register
On Compliance of Section 169 (6) of the Insolvency Law with Article 107 of the Satversme of the Republic of Latvia
The Constitutional Court resolved as follows:
To declare Section 169, Paragraph Six of the Insolvency Law, insofar as it relates to the provisions of Section 22, Paragraph Two, Clauses 1 and 2, as well as Section 20, Paragraph One, Clause 7, of the Insolvency Law to be compliant with Article 107 of the Satversme of the Republic of Latvia.
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The norm which provides for not determining the remuneration of the insolvency administrator if he/she is removed from the insolvency proceedings of a legal person is compliant with the Satversme
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A case initiated with respect to a norm that provides that remuneration is not specified for the administrator of insolvency proceedings if they are removed from insolvency proceedings of a legal person
On Compliance of the Second Sentence of the Third Part of Section 631 of the Criminal Procedure Law with the First Sentence of Article 92 of the Satversme of the Republic of Latvia
Combined case: 2021-44-01
On compliance of the number and word “10 years”, included in Para 531 of the Cabinet Regulation of 10 March 2009 No. 221 “Regulation on Producing Electricity and Setting Prices in Producing Electrocity in Cogeneration”, and the number and word “10 years”, included in Para 68, of the Cabinet Regulation of 2 September 2020 No. 561 “Regulation on Producing Electricity, Supervision and Setting Prices in Producing Electrocity in Cogeneration”, with Article 105 of the Satversme of the Republic of Latvia
On Complianceof Section 43 (4) of the Civil Procedure Law with the First Sentence of Article 92 of the Satversme of the Republic of Latvia
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The regulation of the Civil Procedure Law, which does not provide for the right of a legal person governed by private law to request exemption from the obligation to pay the State fee for filing a statement of claim, is incompatible with the Constitution
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A case initiated regarding the regulation of the Civil Procedure Law that does not provide for the possibility to decrease the state fee for legal persons or exempt them from paying the fee
On compliance of the first and the second part of Section 38 of the law “On the Date of Coming into Force and Application of the Introduction, the Chapter on Inheritance Law and the Chapter of Property Law of the Restored Civil Law of the Republic of Latvia of 1937” with Article 1 and Article 91, as well as the first and the third sentence of Article 105 of the Satversme of the Republic of Latvia and compliance of Section 42 (3) of the law “On the Date of Coming into Force and Application of the Introduction, the Chapter on Inheritance Law and the Chapter of Property Law of the Restored Civil Law of the Republic of Latvia of 1937” with Article 1 and the first sentence of Article 92 of the Satversme of the Republic of Latvia
Combined case: 2022-02-01
On Complinace of Section 534, 5341, 535, 536 and 537 with the first sentence of Article 92 of the Satversme of the Republic of Latvia
On compliance of the first and the second part of Section 38, as well as of Section 42 (1) of the law “On the Date of Coming into Force and Application of the Introduction, the Chapter on Inheritance Law and the Chapter of Property Law of the Restored Civil Law of the Republic of Latvia of 1937” with Article 1 and Article 91, as well as the first and the third sentence of Article 105 of the Satversme of the Republic of Latvia
On Compliance of the Third Part of Section 631 of the Criminal Procedure Law with the First Sentence of Article 92 of the Satversme of the Republic of Latvia
Combined case: 2021-44-01
On Compliance of the Fourth and the Fifth Part of Section 627 of the Criminal Procedure Law with the First Sentence of Article 92 of the Satversme of the Republic of Latvia
On compliance of Section 56(3), 56(4) and 56(5) of the Law on Institutions of Higher Education with Articles 105, 112 and 113 of the Constitution of the Republic of Latvia
On compliance of the second sentence of Section 631(3) of the Criminal Procedure Law with the first sentence of Article 92 of the Constitution of the Republic of Latvia
On compliance of Section 56(3), 56(4) and 56(5) of the Law on Institutions of Higher Education with Articles 105, 112 and 113 of the Constitution of the Republic of Latvia
The Constitutional Court decided:
1. To declare Section 6, Clause 2 of the Law on the Election of Local Government Councils as not conforming to the first sentence of Article 101, Paragraph two of the Constitution of the Republic of Latvia.
2. In respect of person J, to declare Section 6, Clause 2 of the Law on the Election of Local Government Councils of the Republic of Latvia as not conforming to the first sentence of Article 101, Paragraph two of the Constitution of the Republic of Latvia and void from the moment when the infringement of the fundamental rights of the person concerned occurred.
On Compliance of Section 500 (6) of the Criminal Procedure Law with Article 92 of the Satversme of the Republic of Latvia
The Constitutional Court ruled the following:
to declare Section 500, Paragraph six of the Criminal Procedure Law compatible with Article 92 of the Constitution of the Republic of Latvia.
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The provision which does not provide for the right of the accused to become acquainted with the materials of operational activities which are not appended to the criminal case and are related to the object of evidence is compatible with the Constitution
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A case initiated with respect to a norm that does not envisage the accused person’s right to become acquainted with materials of operational activities which are not appended to the criminal case but are related to the object of evidence
On Compliance of Para 3 of Section 55 of the Law “On Judicial Power” with the First Part of Article 101 and the First Sentence of Article 106 of the Satversme of the Republic of Latvia
On Compliance of Para 2 of Section 7 (4) of the Law on the Procedures for Holding Detained Persons” and Annex 4 to the Cabinet Regulation of 10 January 2006 No. 38 “Regulations regarding Nutritional Provision Norms and Provision Norms of Washing Products and Personal Hygiene Products for Persons Placed in a Short-term Place of Detention” with the Second Sentence of Article 95 of the Satversme of the Republic of Latvia
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The regulation which does not provide for a detained person to be provided with a pillow and a towel violates the prohibition of cruel and degrading treatment and, accordingly, does not comply with the second sentence of Article 95 of the Constitution
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A case initiated with respect to norms that do not envisage that a towel and pillow should be provided for a person at a temporary detention facility