On Compliance of Article 631, part three of the Criminal Procedure Law with the First Sentence of Article 92 of the Constitution of the Republic of Latvia
Combined case: 2021-44-01
On Compliance of Article 124, part six, Article 125, part three and Article 126, part 3.1 of the Criminal Procedure Law with the First and Second Sentences of Article 92 of the Constitution
Combined case: 2022-32-01
On Compliance of the Second Sentence of Section 627, Paragraphs four and five of the Criminal Procedure Law with the First Sentence of Article 92 of the Satversme
Combined case: 2022-01-01
On Compliance of Section 124, Paragraph Six of the Criminal Procedure Law with the First and Second Sentence of Article 92 of the Satversme
Combined case: 2022-32-01
On Compliance of Paragraph 7 of the Transitional Provisions of Citizenship Law with the First Sentence of Article 91 of the Satversme
On Compliance of Clauses 1 and 3 of Paragraph Three of Section 4, Paragraphs Five and Nine of Section 4, Sub-paragraph 2 of Paragraph 16 of the Transitional Provisions of the Law On Ports, Paragraph Two of Section 11 of the Law of 10 February 2022 "Amendments to the Law On Ports", as well as Paragraph One of Section 4 of the Freeport of Ventspils Law with Article 1 and the First Sentence of Paragraph Two of Article 101 of the Satversme of the Republic of Latvia
Combined case: 2022-17-01
On Compliance of Section 33, Paragraph One of the Law on Social Services and Social Assistance and Section 2.2, Paragraphs Two and Three of the Law On Social Security with Article 1 and Article 109 of the Satversme of the Republic of Latvia
The Constitutional Court held:
1. To recognise Section 33 (1) of Law on Social Services and Social Assistance (in the wording that was in effect from 1 January 2021 until 30 June 2023) and the second and the third part of Section 2.2 of the Law “On Social Security” (in the wording that was in effect from 1 January 2021 until 30 June 2023) as being incompatible with Article 1 and Article 109 of the Constitution of the Republic of Latvia”.
2.To recognise the first and the second part of Section 33 (1) of Law on Social Services and Social Assistance (in the wording that is effect since 1 July 2023) and the second and the third part of Section 2.2 of the Law “On Social Security” (in the wording that is effect since 1 July 2023) as being incompatible with Article 1 and Article 109 of the Constitution of the Republic of Latvia and void as of 1 January 2025”.
On the compliance of Section 10, Paragraph Two, and Section 15, Paragraph One, Clause 1 of the Military Service Law with the first sentence of Article 91 and with Article 102 of the Satversme of the Republic of Latvia
The Constitutional Court held:
to recognise Section 10 (2) and Para 1 of Section 15 (1) of the Military Service Law, insofar these provisions prohibit a soldier from being a member of a political party, as compatible with the first sentence of Article 91 and Article 102 of the Constitution of the Republic of Latvia.
On the compliance of Section 124(6) and (7), Section 125(3) and Section 126(31) of the Criminal Procedure Law with the first and second sentences of Section 92 of the Constitution of the Republic of Latvia
the Constitutional Court decided:
1. To dismiss court proceedings in the part of the case concerning the compliance of Section 124(7) of the Criminal Procedure Law to the first and second sentences of Section 92 of the Constitution of the Republic of Latvia.
2. To terminate the proceedings in the part of the case concerning the compliance of Section 124(6), Section 125(3) and Section 126(31) of the Criminal Procedure Law with the second sentence of Section 92 of the Constitution of the Republic of Latvia.
3. To recognise that Section 124(6), Section 125(3) and Section 126(31) of the Criminal Procedure Law, insofar as these norms are applied in proceedings on criminally acquired property separated from criminal proceedings pursuant to Section 195(3) of the Criminal Law regarding autonomous money laundering, comply with the first sentence of Section 92 of the Constitution of the Republic of Latvia.
On Compliance of Para 3 of Table 4 of Annex 1 and Para 7 of Annex 3 of the Cabinet Regulation of 5 July 2016 No. 445 “Regulations Regarding Remuneration of Teachers” with the First Sentence of Article 91 and Article 107 of the Satversme of the Republic of Latvia
The Constitutional Court held:
to recognise Para 3 of Table 4 in Annex 1, in the wording that is in force since 1 January 2023, and Para 8 of Annex 3 of the Cabinet Regulation of 5 July 2016 No. 445 “Regulations Regarding Remuneration of Teachers” as being incompatible with the First Sentence of Article 91 of the Satversme of the Republic of Latvia and void as of 1 January 2024.
On Compliance of the First Part and the First and Second Sentence of the Second Part of Section 38 of the Law “On the Date of Entering into Force and the Procedure of Application of Introduction and Parts of Inheritance Law and Property Law of the Restored Civil Law of the Republic of Latvia of 1937” with Article 1, Article 91, as well as the First and the Third Sentence of Article 105 of the Satversme of the Republic of Latvia
Combined case: 2022-18-01
On Compliance of the First Part and the First and Second Sentence of the Second Part of Section 38 of the Law “On the Date of Entering into Force and the Procedure of Application of Introduction and Parts of Inheritance Law and Property Law of the Restored Civil Law of the Republic of Latvia of 1937” with Article 1, Article 91, as well as the First and the Third Sentence of Article 105 of the Satversme of the Republic of Latvia
Combined case: 2022-18-01
On Compliance of Para 244 of the Cabinet Regulation of 28 September 2021 No. 662 “Epidemiological Safety Measures for the Containment of the Spread of Covid-19 Infection” with Article 105 of the Satversme of the Republic of Latvia
The Constitutional Court recognised that, given the spread of the Covid-19 virus and the threat it posed to the health system, the legitimate interests of certain merchants could not be placed above the interests of society as a whole. In addition, the applicants had access to support mechanisms to mitigate the effects of the restriction imposed thereon. However, the benefit to society of the restriction contained in the contested norm, in circumstances where it was necessary to reduce the possible transmission of the Covid-19 virus from mink to humans and thereby protect human health and well-being of society, outweighed the adverse consequences for the applicants.
On Compliance of the First Part and the First and Second Sentence of the Second Part of Section 38 of the Law “On the Date of Entering into Force and the Procedure of Application of Introduction and Parts of Inheritance Law and Property Law of the Restored Civil Law of the Republic of Latvia of 1937” with Article 1, Article 91, as well as the First and the Third Sentence of Article 105 of the Satversme of the Republic of Latvia
Combined case: 2022-18-01
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
Combined case: 2022-01-01
On Compliance of the Oder by the Minister for Environmental Protection and Regional Development of 22 March 2022 No. 1 2/2224 “On Suspending the Binding Regulation of the Riga City Council of 15 December 2021 No. 103 “Binding Regulation on the Use of and Construction in the Territory of Riga” with Article 1 of the Satversme of the Republic of Latvia, the Fourth Part of Article 4 and Article 8 of the European Charter of Local Self-Government”, Section 49 (1) of the law “On Local Governments” and Section 27 (3) of the Spatial Development Planning Law
On Compliance of Section 38 (2) of the Law “On the Date of Entering into Force and the Procedure of Application of Introduction and Parts of Inheritance Law and Property Law of the Restored Civil Law of the Republic of Latvia of 1937” with the First and the Third Sentence of Article 105 of the Satversme of the Republic of Latvia
Combined case: 2022-18-01
On Compliance of Section 38, Paragraph Two of the Law “On the Time Period of Coming into Force and the Procedures for the Application of the Introduction, Parts on Inheritance Rights and Property Rights of the Renewed Civil Law of 1937 of the Republic of Latvia” with the first and third sentence of Article 105 of the Satversme of the Republic of Latvia
Combined case: 2022-18-01
On Compliance of Para 2 of Section 32.4 (2) of the Law “On Taxes and Fees” with the Second Sentence of Article 92 of the Satversme of the Republic of Latvia
The Constitutional Court recognised that the contested provision was unconstitutional and would lose its effect as of the date of publication of the judgement, but with regard to the persons to whom the contested provision has been applied and who, on the date of entry of this judgement into effect, had initiated and continued to protect their fundamental rights by means of general legal remedies, the Constitutional Court recognised that the contested provision should be recognised as invalid as of the moment of the infringement of the fundamental rights of those persons.
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
Combined case: 2022-01-01