On the compliance of Section 11(31) and Section 111(61) of the law ‘On Personal Income Tax’ with Article 105 of the Constitution of the Republic of Latvia
On compliance of Section 242(5) with Articles 96 and 110 of the Constitution of the Republic of Latvia
The Constitutional Court ruled the following:
1. To dismiss proceedings in the case in the part concerning compliance of Section 242, Clause 5 of the Civil Law with Article 96 of the Satversme of the Republic of Latvia.
2. To recognise Section 242, Clause 5 of the Civil Law, insofar as it establishes an absolute prohibition for a person who has been convicted of a criminal offence related to violence or threat of violence to be a guardian, regardless of expungement or setting aside of conviction, as being incompatible with Article 110 of the Satversme of the Republic of Latvia.
3. With regard to the persons to whom Section 242, Clause 5 of the Civil Law has been applied and who have commenced and continue proceedings for the protection of their fundamental rights by general means for the protection of rights, to recognise Section 242, Clause 5 of the Civil Law, insofar as it establishes an absolute prohibition for a person who has been convicted of a criminal offence related to violence or threat of violence to be a guardian, regardless of expungement or setting aside of conviction, as being incompatible with Article 110 of the Satversme of the Republic of Latvia as of the day of occurrence of infringement of fundamental rights of these persons.
On compliance of para 53 of part 1 of Annex I (to Section 1102) ‘List of public lakes and rivers’ to the Civil Law with Articles 1 and 105 of the Constitution of the Republic of Latvia
Combined case: 2020-63-01
On compliance of sub-paragraph 88.1 and paragraph 89 of the Cabinet of Ministers Regulation No 78 of 7 February 2017 ‘Regulations regarding the trade and use of natural gas’ (in the wording that was in force until 24 January 2020) with Articles 64 and 105 of the Constitution of the Republic of Latvia and with Section 107(7) of the Energy Law
The Constitutional Court held as follows:
1. To recognise Paragraph 88 (in the wording that was in force until 12 August 2021) and Paragraph 89 (in the wording that was in force until 24 January 2020) of the Regulation of the Cabinet of Ministers No. 78 of 7 February 2017 “Regulations on Natural Gas Trade and Use” as being incompatible with Articles 64 and 105 of the Satversme and Section 107, Paragraph Seven of the Energy Law of the Republic of Latvia and, with regard to persons to whom it has been or should be applied in court, as null and void from the date of issue.
2. To recognise Paragraph 88 and Paragraph 89 (in the wording that was in force from 25 January 2020 until 12 August 2021 and in the current wording), and Paragraph 891 (in the wording that was in force until 12 August 2021) of the Regulation of the Cabinet of Ministers No. 78 of 7 February 2017 “Regulations on Natural Gas Trade and Use” as being incompatible with Articles 64 and 105 of the Satversme and Section 107, Paragraph Seven of the Energy Law of the Republic of Latvia and, with regard to persons to whom it has been or should be applied in court, as null and void from the date of issue.
On compliance of para 56 of part 1 of Annex I (to Section 1102) ‘List of public lakes and rivers’ to the Civil Law with Articles 1 and 105 of the Constitution of the Republic of Latvia
Combined case: 2020-63-01
On compliance of sub-paragraphs 16.2, 16.5, 16.11, 16.14, 16.18, 16.19 and 16.20 of Annex “Administrative Territories, their Administrative Centres and Units of Territorial Division” to the Law on Administrative Territories and Populated Areas with Articles 1 and 101 of the Constitution of the Republic of Latvia, Article 4(3), (6) and Article 5 of the European Charter of Local Self-Government
Combined case: 2020-64-0106
On compliance of Annex 1 to Cabinet Regulation No 810 of 13 December 2016 on classification of offices of officials with special service ranks working in institutions of the Ministry of the Interior and the Prisons Administration, insofar as it requires a Group 2.1, Level VII college director to hold a higher special service rank – colonel, with the first sentence of Article 91 and the first sentence of Article 106 of the Satversme of the Republic of Latvia
On compliance of sub-paragraphs 27.1 and 27.3 of Annex “Administrative Territories, their Administrative Centres and Units of Territorial Division” to the Law on Administrative Territories and Populated Areas with Article 1 and Article 101 of the Satversme of the Republic of Latvia and Article 4(6) and Article 5 of the European Charter of Local Self-Government
Combined case: 2020-64-0106
On Compliance of Sub-para 10.2., 10.6., 10.7., 10.8., 10.17., 10.18., 10.21. and 10.23. “Annex to the Law on Administrative Territories and Populated Areas “Administrative Territories, Administrative Centres thereof and the Units of Territorial Division”” with Article 1 and the Article 101 of the Satversme of the Republic of Latvia, the Third and Sixth Part of Article 4 as well as Article 5 of the European Charter of Local Self-Government
Combined case: 2020-41-0106
On Compliance of Para 34 of Part 1 of Annex I (to Section 1102) to the Civil Law “List of Public Lakes and Rivers” with Article 1 and Article 105 of the Satversme of the Republic of Latvia
On Compliance of Section 9 of the Law “On Measures for the Prevention and Suppression of Threat to the State and Its Consequences Due to the Spread of COVID-19” with Article 1 and Article 105 of the Satversme of the Republic of Latvia
On Compliance of 32.1. of “Annex to the Law on Administrative Territories and Populated Areas “Administrative Territories, Administrative Centres thereof and the Units of Territorial Division”” with Article 1, the Article 101 of the Satversme of the Republic of Latvia and the Sixth Part of Article 4 and Article 5 of the European Charter of Local Self-Government
Combined case: 2020-43-0106
On Compliance of Sub-23.3., 23.4., 23.5., 23.6., 23.14. and 23.15 of “Annex to the Law on Administrative Territories and Populated Areas “Administrative Territories, Administrative Centres thereof and the Units of Territorial Division”” with Article 1, the First Sentence of the Second Part of Article 101 of the Satversme of the Republic of Latvia as well as the Sixth Part of Article 4 and Article 5 of the European Charter of Local Self-Government
Combined case: 2020-51-0106
On Compliance of Section 71 (3) of the Road Traffic Law with the First, Second and Third Sentence of the Satversme of the Republic of Latvia
On Compliance of Sub-para 8.5., 8.7., 8.8., 8.16., 8.17., 8.19. and 8.20. of “Annex to the Law on Administrative Territories and Populated Areas “Administrative Territories, Administrative Centres thereof and the Units of Territorial Division”” with Article 1, the Article 101 of the Satversme of the Republic of Latvia and the Third and Sixth Part of Article 4 and Article 5 of the European Charter of Local Self-Government
Combined case: 2020-51-0106
On Compliance of Sub-para 18.1., 18.1. and 18.10. of “Annex to the Law on Administrative Territories and Populated Areas “Administrative Territories, Administrative Centres thereof and the Units of Territorial Division”” with Article 1, the Article 101 of the Satversme of the Republic of Latvia and the Sixth Part of Article 4 and Article 5 of the European Charter of Local Self-Government
Combined case: 2020-51-0106
On Compliance of Section 9 of the Law “On Measures for the Prevention and Suppression of Threat to the State and Its Consequences Due to the Spread of COVID-19” with Article 105 of the Satversme of the Republic of Latvia and Article 49 of the Treaty on the Functioning of the European Union
Combined case: 2020-26-0106
On Compliance of Sub-para 12.10. and 12.13. of “Annex to the Law on Administrative Territories and Populated Areas “Administrative Territories, Administrative Centres thereof and the Units of Territorial Division”” with Article 1, the Article 101 of the Satversme of the Republic of Latvia and the Third and Sixth Part of Article 4 as well as Article 5 of the European Charter of Local Self-Government
Combined case: 2020-51-0106
On Compliance of Sub-para 13.13, 13.16. and 13.20. “Annex to the Law on Administrative Territories and Populated Areas “Administrative Territories, Administrative Centres thereof and the Units of Territorial Division”” with Article 1, the Article 101 of the Satversme of the Republic of Latvia, the Third and Sixth Part of Article 4 as well as Article 5 of the European Charter of Local Self-Government
Combined case: 2020-51-0106
On Compliance of the Words in Para 31 of Section 1(2) “or other operating aid for the production of electricity” and the First and the Second Part of Section 304 and Para 83 of the Transitional Provisions of the Electricity Market Law with Article 1 and the First Sentence of Article 105 of the Satversme of the Republic of Latvia
Combined case: 2020-52-01