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On Compliance of Section 220 and Section 222 of Latvian Criminal Procedure Code with Article 92 of the Satversme of the Republic of Latvia

Combined case: 2004-06-01

On Compliance of Section 220 and Section 222 of Latvian Criminal Procedure Code with Article 92 of the Satversme of the Republic of Latvia

Constitutional Court ruled to declare Articles 220 and 222 as conformable with Article 92 of the Republic of Latvia Satversme (Constitution).

On Compliance of Section 50.4(4) of Latvian Sentence Execution Code with Article 91, Article 94 and Article 95 of the Satversme of the Republic of Latvia

On Compliance of the Words "or a Lay Judge", included in the provisions of Section 75 of Law On Judicial Power" with Articles 84 and 92 of the Satversme of the Republic of Latvia

Constitutional Court ruled to declare the words ” or the lay judge”, included in the norm of Article 75 of the Law ”On the Judicial Power” as unconformable with Articles 84 and 92 of the Republic of Latvia Satversme and null and void as of the day of publishing the Judgment.

On the Compliance of Article 30 (Parts five and six) of Law On State Pensions with Articles 1 and 91 of the Satversme of the Republic of Latvia

Constitutional Court ruled:
1. to declare the fifth Part of Article 30 of the Law ”On State Pensions” as conformable with Article 1 of the Republic of Latvia Satversme.
2. to declare the sixth Part of Article 30 of the Law ”On State Pensions” and Paragraph 24 of the Transitional Provisions as unconformable with Article 1 of the Republic of Latvia Satversme and null and void as of the day of it taking effect with regard to those persons, to whom the payment of the pension was interrupted on the basis of person’s application in accordance with Paragraph 16, Subparagraph 11 of the Transitional Provisions of the Law ”On State Pensions”.

On Compliance of Section 155(6) of Civil Law with the first sentence of Article 110 of the Satversme of the Republic of Latvia and Article 4 of the European Convention on the Legal Status of Children Born Outside of Wedlock

Constitutional Court ruled to declare the sixth part of Article 155 of the Civil Law as unconformable with the first sentence of Article 110 of the Republic of Latvia Satversme and Article 4 of the European Convention on the Status of Children Born out of Wedlock and null and void as of the day of publishing this Judgment.

On Compliance of Section 114.2 of Administrative Violation Code with April 9, 1965 Convention on Facilitation of International Maritime Traffic

Constitutional Court ruled:
1. To declare the following text of Article 1142 (the first part) of the Latvian Administrative Violation Code: ”for carrying one or several persons from the foreign states to the Republic of Latvia if the above persons do not have valid travel documents for crossing the Republic of Latvia border and if it has been realized by the carrier of maritime transport” from the moment of its adoption till May 1, 2004 as unconformable with Standard 3.15 of the International Convention on Facilitation of Maritime Traffic, signed in London on April 9, 1965 and null and void as concerns the carriers of those states, which are the Contracting States of the above Convention.
2. To declare the following text of the first part of Article 1142 of the Latvian Administrative Violation Code: ” for carrying one or several persons from the foreign states to the Republic of Latvia if the above persons do not have valid travel documents for crossing the Republic of Latvia border and if it has been realized by the carrier of maritime transport” from May 1, 2004 as unconformable with Standard 3.15 of the International Convention on Facilitation of Maritime Traffic, signed in London on April 9, 1965 and null and void as regards the carriers of those states, which are Contracting States of the above Convention but are not EU Member States.

On Compliance of Para 6 of Section 43 (1) of Law On Local Governments with Articles 91, 106 and 107 of the Satversme of the Republic of Latvia

Constitutional Court ruled to declare Section 43 (Item 6 of the first part) of the Law ”On Local Governments” as CONFORMABLE with Articles 91, 106 and 107 of the Republic of Latvia Satversme.

On Compliance of Article 17 (5) of the Law "On Compulsory Social Insurance in Respect of Accidents at Work and Occupational Diseases with Articles 91 and 100 of the Satversme of the Republic of Latvia

Constitutional Court ruled to declare Article 17 (the fifth part) of the Law ”On Compulsory Social Insurance in Respect of Accidents at Work and Occupational Diseases” as unconformable with Articles 91 and 109 of the Republic of Latvia Satversme and null and void as of the day of publishing of the Judgment.

On Compliance of Para 2 and Para 6 of the Cabinet of Ministers August 5, 2003 Regulations No.438 "Amendments to the Cabinet of Ministers May 13, 1997 Regulations No.180 "By-law of the Guarantee (Reserve) Fund of Mandatory Civil Liability Insurance for Owners of Road Transport"" with Article 91 of the Satversme of the Republic of Latvia and Article 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms

Constitutional Court ruled:
1. To declare the first part of Item 6 of the Cabinet of Ministers Regulations No. 438 of August 5, 2003 ”Amendments to the Cabinet of Ministers May 13, 1997 Regulations No. 180 ”By-law of the Guarantee (Reserve) Fund of Mandatory Civil Liability Insurance for Owners of Road Transport”” as unconformable with Article 91 of the Republic of Latvia Satversme and null and void as of the moment of its adoption.
2. To terminate proceedings in the case on the compliance of Item 2 of the Cabinet of Ministers August 5, 2003 Regulations No. 438 ”Amendments to the Cabinet of ministers May 13, 1997 Regulations No.180 ”By-law of the Guarantee (Reserve) Fund of Mandatory Civil Liability Insurance for Owners of Road Transport”” with Article 91 of the Republic of Latvia Satversme.

On Compliance of Section 10, Para 3 and Para 4 of Section 11, Section 14 and Para 6 and Para 8 of Transitional Provisions of the Law "On Preservation and Protection of the Riga Historical Centre" with Articles 1 and 58 of the Satversme of the Republic of Latvia

Constitutional Court ruled:
1. To declare Articles 10, 11 (Items 3 and 4), 14 and Items 6 and 8 of the Transitional Provisions of the Riga Historical Centre Preservation and Protection Law as conformable with Article 58 of the Republic of Latvia Satversme.
2. To terminate proceedings on the compliance of Articles 10, 11 (Items 3 and 4), 14 and Items 6 and 8 of the Transitional Provisions with Article 1 of the Republic of Latvia Satversme.

On Compliance of Sub-para 4 of Para 2 of Transitional Provisions and Section 31 (4) of Law On Maternity and Sickness Insurance, as well as the Cabinet of Ministers July 28, 1998 Regulations No.270 "The Procedure of Calculating the Average Insurance Payment Salary and the Procedure of Granting, Calculation and Payment of the State Social Insurance Benefits" with Articles 1, 91 and 109 of the Satversme of the Republic of Latvia

Constitutional Court ruled to declare the fourth part of Article 31 (in the wording, which was in effect up to January 1, 2003) and Item 2, Sub-item 4 of the Transitional Provisions of the Law ”On Maternity and Sickness Insurance” as being unconformable with Article 91 of the Republic of Latvia and – as concerns the submitters of the constitutional claim Irīna Pīgozne and Baiba Strupiša – null and void as of the moment when the right to the sickness and maternity benefits arose.

On Compliance of the Decree by the Minister for Regional Development and Local Governments of 2 June 2003 No.2-02/60 "On Suspending Binding Regulations of Jūrmala City Council of 09.10.2002 No. 18 "On Approving the Spatial Planning in Jūrmala, Community Centre in Vaivari" with Article 1 of the Constitution of the Republic of Latvia

Combined case: 2003-16-05

On Compliance of the Decree by the Minister for Regional Development and Local Governments of 2 June 2003 No.2-02/60 "On Suspending Binding Regulations of Jūrmala City Coucnil of 09.10.2002 No. 18 "On Approving the Spatial Planning in Jūrmala, Land Plot Bulduri 1001" with Article 1 of the Constitution of the Republic of Latvia

Combined case: 2003-16-05

On Compliance of the Minister for Regional Development and Local Governments of May 27, 2003 Decree No.2-02/57 on Suspending the Enforcement of the Jūrmala City Council October 24, 2001 Binding Regulations No.17 "On the Jūrmala Detailed Land Use Plan for the Territory between the Bulduri Prospect, Rotas Street and 23–25 Avenues"; the Minister for Regional Development and Local Governments June 2, 2003 Decree No.2-02/60 on Suspending the Enforcement of the Jūrmala City Council October 9, 2002 Binding Regulations No.10 "On the Confirmation of the Detailed Land Use Plan for the Community Centre "Vaivari" as well as the Ministerforf Regional Development and Local Governments Decree No.2-02/62 on Suspending the Enforcement of the Jūrmala City Dome November 7, 2001 Binding Regulations No.18 "On the Confirmation of the Detailed Land Use Plan for the Plot Bulduri 1001, Jūrmala" with Article 1 of the Satversme of the Republic of Latvia

Constitutional Court ruled:
2. To declare the Minister of Regional Development and Municipal Affairs May 27, 2003 Order No. 2-02/57 ”On Suspension of the Enforcement of the Jūrmala City Dome October 24, 2001 Binding Regulations No.17 ”On the Land Use Plan in Jūrmala, in the territory between the Bulduri Prospect, Rotas Street and 23-25 Avenues”” as conformable with Article 1 of the Republic of Latvia Satversme;
3. To declare the Minister of Regional Development and Municipal Affairs June 2, 2004 Order No. 2-02/60 ”On Suspension of the Enforcement of the Jūrmala City Dome October 9, 2002 Binding Regulations No.10 ”On the Confirmation of the Land Use Plan for the Public Centre ”Vaivari”” as conformable with Article 1 of the Republic of Latvia Satversme;
4. To declare the Minister of Regional Development and Municipal Affairs June 2, 2003 Order No. 2-02/62 ”On Suspension of the Enforcement of the Jūrmala City Dome November 7, 2001 Binding Regulations No.18 ” On the Confirmation of the Land Use Plan for the Land Plot Bulduri 1001, Jūrmala”” as conformable with Article 1 of the Republic of Latvia Satversme.

On Compliance of Para 9 and Para 94 of the Cabinet of Ministers Regulation of April 29, 2003 No.211 "On the Internal Order of the Investigation Prisons" with Articles 91 and 111 of the Satversme of the Republic of Latvia

Constitutional Court ruled:
1. To declare the prohibition of receiving food parcels, following from the Cabinet of Ministers April 29, 2003 Regulations No. 211 ”Regulations on the Internal Order of the Investigation Prisons” as unconformable with Article 111 of the Republic of Latvia Satversme and null and void as of July 1, 2004 if by that time the Cabinet of Ministers will not ensure that the daily food norms for the arrested persons comply with the requirements, established in ”The Recommended Nutrient Norms for the Inhabitants of Latvia”.
2. To declare Item 94 of the Cabinet of Ministers April 29, 2003 Regulations No. 211 ”On the Internal Order of the Investigation Prisons” about buying foodstuffs at the prison shop as being in compliance with Article 111 of the Republic of Latvia Satversme.

On the Compliance of Section 2 (6) of Law of Term of Service Pensions for Prosecutors with Article 91 of the Republic of Latvia Satversme (Constitution)

Constitutional Court ruled to declare Article 2 (Part 6) of the Law of Term of Service Pensions for Prosecutors as conformable with Article 91 of the Republic of Latvia Satversme.

On Compliance of Section 57 (1), Para 2 and para 3 of Section 136 (3) and Para 2 and para 3 of Section 143 (4) of Labour Law with Article 106 of the Satversme of the Republic of Latvia, Articles 1, 2 and 4 of the June 28, 1930 Convention Concerning Forced Labour and Article 1 of the June 25, 1957 Convention Concerning the Abolition of Forced Labour

Constitutional Court ruled to declare Section 57 (the first part), Section 136 (Items 2 and 3 of the third part) and Section 143 (Items 2 and 3 of the fourth part) as being in compliance with Article 106 of the Republic of Latvia Satversme.

On Compliance of Sub-para "f" of Para1 of Section 41 of State Civil Service Law with Articles 91, 101 and 106 of the Satversme of the Republic of Latvia

On Compliance of Para 3 of Section 20 of Law On the Handling of Weapons and Sub-para 15.1 of the Cabinet of Minister Regulations of 26 September 1995 No. 287 "Regulations on Hunting Firearms" with Article 91 of the Satversme of the Republic of Latvia