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On Compliance of Para 5 and Para 6 of Section 5 of The Saeima Election Law with Article 89 and Article 101 of the Satversme of the Republic o Latvia, Article 14 of the European Convention for the Protection of Human rights and Fundamental Freedoms and Article 25 of International Covenant on Civil and Political Rights

Combined case: 2000-03-01

On Compliance of Para 5 and Para 6 of Section 5 of The Saeima Election Law and Para 5 and Para 6 of Section 9 of the Law on Electing City Council and County Council with Articles 89 and 101 of the Satversme of the Republic of Latvia, Article 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms and Article 25 of the International Covenant on Civil and Political Rights

Constitutional Court decided to declare that Items 5 and 6 of Article 5 of the Saeima Election Law and Items 5 and 6 of Article 9 of the City Dome, Region Dome and Rural Council Election Law comply with Articles 89 and 101 of the Satversme, Article 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, Article 3 of the First Protocol of this Convention as well as Article 25 of the International Covenant on Civil and Political Rights.

On Compliance of Decree of 12 August 1999 by the Cabinet of Ministers No. 383 "On Liquidation of Riga Aviation University as an Institution of Higher Education Founded by the State " with Para 2 of Section 4(2) and Section 7(1) of Law on Institutions of Higher Education and Section 15.1 of Law "The Structure of the Cabinet of Ministers"

Combined case: 2000-01-04

On Compliance of the Cabinet of Ministers August 12, 1999 Decree No.384 "On Reorganization of the Latvian University and the Latvian Medicine Academy" and the Cabinet of Ministers August 12, 1999 Decree No.383 "On Liquidation of the Riga Aviation University as the Higher Educational Institution Founded by the State" with Law on Institutions of Higher Education and Section 15.1 of the Law "The Structure of the Cabinet of Ministers"

Constitutional Court decided to declare the Cabinet of Ministers August 12, 1999 Decree No.384 ”On Reorganization of the Latvian University and the Latvian Medicine Academy ” and the Cabinet of Ministers August 12, 1999 Decree No. 383 ”On Liquidation of the Riga Aviation University as the Higher Educational Institution Founded by the State” as conformable with the Higher School Law and Article 15¹ of the Cabinet of Ministers Structure Law.

On Compliance of Para 1 of the Cabinet of Ministers November 30, 1999 Resolution (Protocol 67, Paragraph 38) "On Protection of Foreign Investments Earmarked for Entrepreneurial Activity of the Limited Liability Association "WINDAU" at the Bauska Co-generation Station" with the Satversme of the Republic of Latvia, Chapter 3 of the Law "The Structure of the Cabinet of Ministers", Section 1 (1) of the Law "On Foreign Investment in the Republic of Latvia", Section 41 of the "Power Industry Law", the First and the Fourth Parts of Section 8 of the Law "On Privatisation of the State and Municipal Property" and Section 49 of the Law "On Joint Stock Companies"

Constitutional Court decided to declare Item 1 of the Cabinet of Ministers November 30, 1999 Resolution ”On Protection of Foreign Investment which Limited Liability Association ”WINDAU” Invested in the Bauska Co-generating Station” (protocol No. 67, paragraph 38) as not being in compliance with Articles 1 and 86 of the Satversme, as well as with Article 8 (Part 1, Item 17, in the wording which was
effective up to December 14, 1999) and null and void from the moment of its adoption.

On Compliance of Para 1 and Para 4 of the Saeima Resolution on Telecommunications Tariff Council of April 29, 1999 with Articles 1 and 57 of the Satversme of the Republic of Latvia and Other Laws

Constitutional Court decided to declare Items 1 and 4 of the Saeima April 29, 1999 Resolution on the Telecommunications Tariff Council as not being in compliance with Articles 1 and 57 of the Satversme, Article 13 of the Law ”The Structure of the Cabinet of Ministers”, Article 16 of the Law ”On the Structure of the Ministries” and Article 9 of the Law ”On Telecommunications” and null and void from the moment of their adoption.

On Compliance of Para 2 the Decree by the Cabinet of Ministers of 11 June 1997 No. 289 "On Establishing the Bureau for Public Governance Reform" in the Part on Transferring the Administration of State Civil Service under the Supervision of the Bureau for Public Governance Reform with Article 57 and Article 58 of the Satversme of the Republic of Latvia, Section 13 of Law On Structure of Ministries, Section 14(2) of Law "The Structure of the Cabinet of Ministers" and Section 4(2) of Law On State Civil Service

On Compliance of the regulations of the State Stock Company "Valsts nekustamā īpašuma aģentūra" "On the Procedure by which Free Apartments in Dwelling Houses under the Management of the Real Estate Agency shall Be Rented" with Sections 2, 10 and 11 of the Law "On Housing Support Granted by the State and Local Governments", Section 40 of the Law "On Residential Tenancy" and Para 4 of the Transitional Provisions of the Law "On the Privatisation of State and Local Governments Apartment Houses"

Constitutional Court decided to declare the state stock company ”The Real Estate Agency” Regulations ”On the Procedure of Renting Free Apartments in the Dwelling Houses under the Management of the Real Estate Agency”, certified by the April 29, 1997 Agency Board decision as not being in compliance with the Law ”The Structure of the Cabinet of Ministers”, as well as with Articles 2,10 and 11 of the Law ”On Housing Support Granted by the State and Local Government”, Article 40 of the Law ”On Rent of the Dwelling Space”, item 4 of the Transitional Provisions of the Law ”On the Privatisation of State and Local Governments Apartment Houses”” and null and void from the moment of its adoption.

On Compliance of the Cabinet of Ministers Regulation of 21 January, 1997 No.46 "On Management Contracts" with Freedom of Information Law of 20 November 1998

Constitutional Court decided to declare item 11 in the part on confidentiality of the Cabinet of Ministers January 21, 1997 Regulations No.46 as not being in compliance with Articles 100 and 116 of the Satversme and null and void from the moment of its adoption.

On Compliance of Paragraph 29 of the Cabinet of Ministers Regulation of 20 May, 1997 No.187 "The Procedure for the Repayment in Cash to Persons who were Granted Compensation Certificates (Vouchers) for the Former Landed Property in Rural Areas" with Articles 105 and 91 of the Satversme of the Republic of Latvia, as well as with Section 1 (2), Para 3 of Section 12 (2) of the Law "On Land Privatization in Rural Regions" and Section 9 of the Law "On the Determination of the Status of Politically Repressed Persons Suffered during the Communist and Nazi Regimes"

Constitutional Court decided to declare paragraph 29 – as regards persons, mentioned in the second part of Article 12 of the July 9, 1992 Law ”On the Land Privatization in Rural Regions”, if they have the status of politically repressed persons - of the May 20, 1997 Regulations No. 187 by the Cabinet of Ministers ”The Procedure for the Repayment in Cash to Persons who were Granted Compensation Certificates (Vouchers) for the Former Landed Property in Rural Areas” as unconformable with Article 9 of the April 12, 1995 Law ”On the Determination of the Status of Politically Repressed Persons Suffered During the Communist and Nazi Regimes” and null and void from the moment of its adoption.

On Compliance of the Regulations by the Cabinet of Ministers of the Republic of Latvia of August 4, 1998 No.294 "On the Procedure of Compensation for the Unrealised Forecasted Real Estate Tax to Self – Governments" with Para 2 Section 14 (1) of the Law "The Structure of the Cabinet of Ministers" and Para 9 of the Transitional Provisions of the Law "On the Equalisation of Local Government Finances"

Constitutional Court decided to declare the Cabinet of Ministers of the Republic of Latvia August 4, 1998 Regulations No. 294 ”On the Procedure of Compensation for Unrealised Forecasted for 1998 Real Estate Tax to Self-governments” as not being in compliance with the first part (paragraph 2) and the second part of Article 14 of the Law ”The Structure of the Cabinet of Ministers” and Item 9 of the Transitional Provisions of the Law ” On the Equalisation Of Local Government Finances” and null and void from the moment of their adoption.

On Compliance of the Norm Established in Section 4 (2) of the Law ”On Maternity and Sickness Benefits” by the Law adopted by the Saeima on 19 June 1998 "Amendments to the Law ”On Maternity and Sickness Benefits”” with Article 66 of the Satversme of the Republic of Latvia

Constitutional Court decided to declare the second part of Article 4 of the Law ”On Maternity and Sickness Benefits” that has been expressed in a new wording in Article 8 of the Saeima June 19, 1998 Law ”Amendments to the Law ”On Maternity and Sickness Benefits”” as not being in compliance with Article 66 of the Satversme and null and void from the moment of the law ”On the State Budget for 1999” taking effect, if the State Budget for 1999 does not envisage resources for covering the payment of maternity benefits to the persons indicated in the second part of Article 4 of the Law ”On Maternity and Sickness Insurance”.

On Compliance of the Resolution by the Saeima of 30 April, 1998 on the Vote of Confidence for the Cabinet of Ministers with the Law "The Structure of the Cabinet of Ministers" and Rules of Procedure of the Saeima

Constitutional Court decided to declare that the April 30, 1998 Resolution by the Saeima on giving the vote of confidence to the Cabinet of Ministers has been adopted not taking into consideration several procedural norms,included in Article 6 of the law ”The Structure of the Cabinet of Ministers” and Article 28 of the Rules of Procedure, however on its merit it is in compliance with Article 59 of the Satversme (Constitution) of the Republic of Latvia.

On Compliance of the Cabinet of Ministers 23.April, 1996 Resolution No.148 "On the Procedure by which the Property is Restituted or its Value is Compensated to the Persons, whose Administrative Deportation from the Territory of the Latvian SSR or from the Part of the Territory of the Latvian SSR that Has Been Incorporated into the RSFSR is Recognised Unfounded" and the Cabinet of Ministers Resolution of 4 November, 1997 No.367 "Amendments to Regulations No.148 of April 23, 1996 "The Procedure by which the Property or its Value is Compensated to the Persons, whose Administrative Deportation from the Latvian SSR is Recognised Unfounded" with the Law "On the Determination of the Status of Politically Repressed Persons Suffered during the Communist and Nazi Regimes" and Other Laws

Constitutional Court decided to declare the Cabinet of Ministers 23 April, 1996 Resolution No. 148 ”On the Procedure by which the Property is Restituted or its Value is Compensated to the Persons, whose Administrative Deportation from the Territory of the Latvian SSR or from the Part of the Territory of the Latvian SSR that has Been Incorporated into the RSFSR is Recognised Unfounded” and the Cabinet of Ministers 4 November, 1997 Resolution No. 367 ” Amendments to Resolution No. 148 of April 23, 1996 ” The Procedure by which the Property is Restituted or its Value is Compensated to the Persons, whose Administrative Deportation from the Latvian SSR is Recognised Unfounded” as not being in compliance with the second part of Article 14 of the law ” On the Structure of the Cabinet of Ministers”, with Article 9 of the law ”On the Procedure by which Laws and Other Acts Adopted by the Saeima, State President and the Cabinet are Promulgated, Published, Take Effect and Being Valid”, with the first part of Article 10 of the law ”On the Determination of the Status of Politically Repressed Persons Suffered during the Communist and Nazi Regimes” and the first part of Article 15 of the law ”On Privatisation Certificates” and null and void from the moment of their adoption.

On Compliance of Para 2 of the Decision by the Supreme Council of the Republic of Latvia of 15 September 1992 "On the Procedure of Entering into Force of the Law On Coercive Expropriation of Real Estate for State or Public Needs " (in the Wording of the law of 19 December 1996) with Article 1 of the First Protocol to the European Convention for the Protection of Human Rights and Fundamental Freedoms

Constitutional Court decided to declare the second and the fourth part of Paragraph 2 of the Supreme Council 15 September, 1992 Resolution ” On the Procedure by which the Republic of Latvia Law ”On Eminent Domain ” Takes Effect”” as being in compliance with Article 1 Protocol 1 of the November 4, 1950 European Convention of Human Rights and Fundamental Freedoms.

On Compliance of the Regulation by the Cabinet of Ministers of 16 September 1997 No. 322 "Regulations on Transferring Part of real Estate Tax Revenue into the Local Government Equalisation Fund in 1997" with the Satversme, Law On Local Governments, Law On Budget and Financial Management and Law On Local Government Budgets

On Compliance of the Regulation by the Cabinet of Ministers of 16 September 1997 No. 322 "Regulations on Transferring Part of Real Estate Tax Revenue into the Local Government Equalisation Fund in 1997" with Law On Budget and Financial Management

Constitutional Court decided:
1. Regulations of the Cabinet of Ministers No. 322 of September 16, 1997 ” Regulations on the Payment of Part of Property Tax Income into the Municipal Finance Equalisation Fund in 1997” are in compliance with the first part of Article 41 and the first part of Article 42.
2. Paragraph 6 of Regulations No. 322 of the Cabinet of Ministers of September 16, 1997 ” Regulations on the Payment of Part of Property Tax Income into the Municipal Finance Equalisation Fund in 1997 ” is at variance with Articles 14 (part 2) and 15 of the law ” The Structure of the Cabinet of Ministers” and Article 5 (part 2) of the law ”On Property Tax” and is declared null and void from the moment of its adoption.

On Compliance of the Joint Interpretation by the Ministry of Finance (No.047/475 Certified on April 30,1993) and by the Ministry of Economic Reforms (No.34–1.1.–187, Certified on May 4,1993) "On Revaluation of Fixed Assets by Enterprise and Entrepreneur Company Accountancy"" and Interpretation by the Ministry of Economy No.3–31.1–231 of December 28, 1993 "On the Procedure of Application of the Joint Interpretation by the Ministry of Finance and the Ministry of Economic Reforms "On Revaluation of Fixed Assets by Enterprise and Entrepreneur Company Accountancy"" with the law "On the Procedure of Privatisation of Objects (Enterprises) of the State and Municipal Property" as well as Other Laws

Constitutional Court decided to declare part of the Joint Interpretation ” On Revaluation of Fixed Assets by Enterprise and Entrepreneur Company Accountancy”, certified by the Ministry of Finance on April 30, 1993 (No. 047/475 and by Ministry of Economic Reforms on May 4, 1993 (No.34-1.1-187) referring to inclusion of investments into the buy-out payment during the process of privatisation as well as Interpretation by the Ministry of Economy No.3-31.1-231 of December 28, 1993 ”On the Procedure of Application of the Joint Interpretation by the Ministry of Finance and the Ministry of Economic Reforms ” On Revaluation of Fixed Assets by Enterprise and Entrepreneur Company Accountancy”” as not being in compliance with Article 64 of the Satversme and null and void from the moment of the announcement of the Judgment.

On Compliance of the Cabinet of Ministers Regulation 4 June 1996 No. 200 "The Procedure for Granting Paid Leave to Pedagogues" with Labour Law Code and Law "The Structure of the Cabinet of Ministers"