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Combined case: 2024-10-03

Combined case: 2024-10-03

Combined case: 2023-42-01

On the conformity of Paragraph 113 of Cabinet Regulation No. 50 of 21 January 2014, Regulations on Electricity Trade and Use, with Article 64 and Article 105 of the Constitution of the Republic of Latvia and Section 32, Paragraph five of the Electricity Market Law

Combined case: 2023-33-01

On Conformity of Section 4.15, Clause 2, Sub-clause “b” of the Law On the Register of Enterprises of the Republic of Latvia with Article 96 of the Constitution of the Republic of Latvia

On the compliance of Section 6(3)(5) of Law on Forensic Experts with Article 101(1) and the first sentence of Article 106 of the Constitution of the Republic of Latvia

On compliance of Section 19.1 (1) of Cabinet Regulation 1013 “Procedure for the owner of an apartment in a multi-apartment building to pay for services associated with the use of the apartment property” of 9 December 2008 (in the version effective between 1 October 2013 and 21 November 2019) with Article 105 of the Constitution of the Republic of Latvia

On Compliance of Section 124, Paragraph six and Paragraph seven, Section 125, Paragraph three and Section 126, Paragraph 3.1 with the First and Second Sentences of Article 92 of the Satversme

Combined case: 2023-37-01

On conformity of Section 13, Paragraph two, Clause 3 of the Insolvency Law, insofar as it establishes a prohibition for a person in respect of whom criminal proceedings for the commission of a deliberate criminal offence have been terminated for non-exonerating reasons, to work as an insolvency administrator, with Article 101, Paragraph one and the first sentence of Article 106 of the Constitution of the Republic of Latvia

On compliance of Section 19 of Riga City Council binding regulations No RD-23-199-sn “Procedure for the registration and examination of applications for the enrolment of children to Year 1 in Riga municipal education institutions’ of 26 April 2023 with Articles 64, 91, and 110 of the Constitution of the Republic of Latvia

On Compliance of Section 185, Paragraph four of the Law on Administrative Liability with the fourth sentence of Article 92 of the Constitution of the Republic of Latvia

On Compliance of the Words "District (City) Court" in Section 629(4) of the Criminal Procedure Law with the first sentence of Article 92 of the Constitution of the Republic of Latvia

Combined case: 2023-40-01

On Compliance of the Words "District (City) Court" in Section 629(4) of the Criminal Procedure Law with Article 1 and with the first sentence of Article 92 of the Constitution of the Republic of Latvia

On Compliance of Section 124, Paragraph six and Paragraph seven, Section 125, Paragraph three and Section 126, Paragraph 3.1 with the First and Second Sentences of Article 92 of the Satversme

Combined case: 2023-37-01

On Compliance of Section 124, Paragraph six and Paragraph seven, Section 125, Paragraph three and Section 126, Paragraph 3.1 with the First and Second Sentences of Article 92 of the Satversme

Combined case: 2023-37-01

On Compliance of Section 124, Paragraph six and Paragraph seven, Section 125, Paragraph three and Section 126, Paragraph 3.1 with the First and Second Sentences of Article 92 of the Satversme

On Compliance of Paragraph 3 of the Jūrmala City Council Binding Regulation No. 46 of 22 November 2012 “Management and Protection of Jūrmala City Greenery” with Article 105 of the Constitution of the Republic of Latvia

On Compliance of Paragraph 41 and Sub-paragraph 60.2 of the Cabinet of Ministers Regulation of 2 September 2020 No. 560 “Regulations on Electricity Generation Using Renewable Energy Sources, as well as on the Procedure for Price Determination and Supervision” (in the version in force until 31 March 2022) with the first three sentences of Article 105 of the Constitution of the Republic of Latvia

On Compliance of Section 50(1)(1) of the Education Law with Article 106 of the Constitution

On Compliance of Section 8(3)(204) and Section 9(1)(5) of Law On Personal Income Tax with the first three sentences of Article 105 of the Constitution of the Republic of Latvia

On Compliance of Section 124, Paragraph six, Section 125, Paragraph three and Section 126, Paragraph 3.1 with the First and Second Sentences of Article 92 of the Satversme

Combined case: 2023-13-01

On Compliance of Sections 1, 5, 6 and 12 of the Law of 29 September 2022 "Amendments to the Law on Education", insofar as Paragraph 102 is supplemented with the transitional provisions of the Law, and compliance of Section 4(1) and Section 6 of the Law of 29 September 2022 "Amendments to the Law on General Education" with Article 1 and Article 114 of the Constitution of the Republic of Latvia

Combined case: 2023-15-01

On Compliance of Section 6.8 of the Riga Spatial Plan Area Use and Construction Regulations, approved by Riga City Council Binding Regulations No 103 ‘Binding regulations for the use of and construction within the territory of Riga of 15 December 2021, with the first, second, and third sentences of Article 105 of the Constitution

Combined case: 2023-27-03

On Compliance of Section 6.8 of the Riga Spatial Plan Area Use and Construction Regulations, approved by Riga City Council Binding Regulations No 103 ‘Binding regulations for the use of and construction within the territory of Riga of 15 December 2021, with the first and third sentences of Article 105 of the Constitution

Combined case: 2023-27-03

On Compliance of Section 124, Paragraph six and Paragraph seven, Section 125, Paragraph three and Section 126, Paragraph 3.1 with the First and Second Sentences of Article 92 of the Satversme

Combined case: 2023-13-01

On Compliance of Section 6.8 of the Riga Spatial Plan Area Use and Construction Regulations, approved by Riga City Council Binding Regulations No 103 ‘Binding regulations for the use of and construction within the territory of Riga of 15 December 2021, with the first, second, and third sentences of Article 105 of the Constitution

On Compliance of Section 124, Paragraph six, Section 125, Paragraph three and Section 126, Paragraph 3.1 with the First and Second Sentences of Article 92 of the Satversme

Combined case: 2023-13-01

On Compliance of Section 124, Paragraph six and Paragraph seven, Section 125, Paragraph three and Section 126, Paragraph 3.1 with the First and Second Sentences of Article 92 of the Satversme

Combined case: 2023-13-01

On Compliance of Sections 1, 5, 6 and 12 of the Law of 29 September 2022 "Amendments to the Law on Education", insofar as Paragraph 102 is supplemented with the transitional provisions of the Law, and compliance of Section 4(1) and Section 6 of the Law of 29 September 2022 "Amendments to the Law on General Education" with Article 1 and Article 114 of the Constitution of the Republic of Latvia

Combined case: 2023-15-01

On Compliance of Sections 1, 5, 6 and 12 of the Law of 29 September 2022 "Amendments to the Law on Education", insofar as Paragraph 102 is supplemented with the transitional provisions of the Law, and compliance of Section 4(1) and Section 6 of the Law of 29 September 2022 "Amendments to the Law on General Education" with Article 1 and Article 114 of the Constitution of the Republic of Latvia

Combined case: 2023-15-01

On Compliance of Sections 1, 5, 6 and 12 of the Law of 29 September 2022 "Amendments to the Law on Education", insofar as Paragraph 102 is supplemented with the transitional provisions of the Law, and compliance of Section 4(1) and Section 6 of the Law of 29 September 2022 "Amendments to the Law on General Education" with Article 1 and Article 114 of the Constitution of the Republic of Latvia

Combined case: 2023-15-01

On Compliance of Sections 1, 5, 6 and 12 of the Law of 29 September 2022 "Amendments to the Law on Education", insofar as Paragraph 102 is supplemented with the transitional provisions of the Law, and compliance of Section 4(1) and Section 6 of the Law of 29 September 2022 "Amendments to the Law on General Education" with Article 1 and Article 114 of the Constitution of the Republic of Latvia

Combined case: 2023-15-01

On Compliance of Sections 1, 5, 6 and 12 of the Law of 29 September 2022 "Amendments to the Law on Education", insofar as Paragraph 102 is supplemented with the transitional provisions of the Law, and compliance of Section 4(1) and Section 6 of the Law of 29 September 2022 "Amendments to the Law on General Education" with Article 1 and Article 114 of the Constitution of the Republic of Latvia

Combined case: 2023-15-01

On Compliance of Sections 1, 5, 6 and 12 of the Law of 29 September 2022 "Amendments to the Law on Education", insofar as Paragraph 102 is supplemented with the transitional provisions of the Law, and compliance of Section 4(1) and Section 6 of the Law of 29 September 2022 "Amendments to the Law on General Education" with Article 1 and Article 114 of the Constitution of the Republic of Latvia

Combined case: 2023-15-01

On Compliance of Sections 1, 5, 6 and 12 of the Law of 29 September 2022 "Amendments to the Law on Education", insofar as Paragraph 102 is supplemented with the transitional provisions of the Law, and compliance of Section 4(1) and Section 6 of the Law of 29 September 2022 "Amendments to the Law on General Education" with Article 1 and Article 114 of the Constitution of the Republic of Latvia

Combined case: 2023-15-01

On Compliance of Sections 1, 5, 6 and 12 of the Law of 29 September 2022 "Amendments to the Law on Education", insofar as Paragraph 102 is supplemented with the transitional provisions of the Law, and compliance of Section 4(1) and Section 6 of the Law of 29 September 2022 "Amendments to the Law on General Education" with Article 1 and Article 114 of the Constitution of the Republic of Latvia

Combined case: 2023-15-01

On Compliance of Sections 1, 5, 6 and 12 of the Law of 29 September 2022 "Amendments to the Law on Education", insofar as Paragraph 102 is supplemented with the transitional provisions of the Law, and compliance of Section 4(1) and Section 6 of the Law of 29 September 2022 "Amendments to the Law on General Education" with Article 1 and Article 114 of the Constitution of the Republic of Latvia

Combined case: 2023-15-01

On Compliance of Sections 1, 5, 6 and 12 of the Law of 29 September 2022 "Amendments to the Law on Education", insofar as Paragraph 102 is supplemented with the transitional provisions of the Law, and compliance of Section 4(1) and Section 6 of the Law of 29 September 2022 "Amendments to the Law on General Education" with Article 1 and Article 114 of the Constitution of the Republic of Latvia

On compliance of Articles 2 and 3 of the Law of September 22, 2022 "Amendments to the Animal Protection Law" with Article 1 and the first and third sentences of Article 105 of the Constitution of the Republic of Latvia

Combined case: 2023-09-01

On Compliance of Section 124, Paragraph six, Section 125, Paragraph three and Section 126, Paragraph 3.1 with the First and Second Sentences of Article 92 of the Satversme

On Compliance of Section 3, Paragraph seven of the law on State Pensions with the first sentence of Section 91 and Section 109 of the Constitution of the Republic of Latvia

On compliance of Articles 2 and 3 of the Law of September 22, 2022 "Amendments to the Animal Protection Law" with Article 1, the first and third sentences of Article 105 of the Constitution of the Republic of Latvia and Article 49 of the Treaty on the Functioning of the European Union

Combined case: 2023-09-0106

On Compliance of Paragraph 3 of the Jūrmala City Council Binding Regulation No. 37 of 11 October 2012 "On the Procedure for Granting Property Tax Relief" with Article 91 of the Satversme of the Republic of Latvia

On Compliance of Section 2 and Section 3 of the Law “Amendments to the Animal Protection Law”, adopted 22 September 2022, with the Section 1 and Section 105 of the Constitution of the Republic of Latvia

Combined case: 2023-03-01

On the compliance of paragraph 58 of the transitional provisions of the Immigration Law with Article 1, the first sentence of Article 91 and Article 96 of the Constitution of the Republic of Latvia, as well as with Article 4 of Protocol 4 of the European Convention for the Protection of Human Rights and Fundamental Freedoms

Combined case: 2023-04-0106

On the compliance of Paragraph 58 of the Transitional Provisions of the Immigration Law and Article 5 of the Law of September 22, 2022 "Amendments to the Immigration Law", insofar as Paragraph 8 of the first part of Article 24 of the Immigration Law is excluded, with Article 1, 91 of the Constitution of the Republic of Latvia. to the first sentence of Article and Article 96

Combined case: 2023-04-01

On Compliance of Paragraph 58 of Transitional Provisions of the Immigration Law with Article 1, the First Sentence of Article 91 and Article 96 of the Constitution of the Republic of Latvia

Combined case: 2023-04-01

On Compliance of Paragraph 58 of Transitional Provisions of the Immigration Law with Article 1, the First Sentence of Article 91 and Article 96 of the Constitution of the Republic of Latvia

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 Sentence of Article 91 of the Constitution of the Republic of Latvia and the Compliance of Section 38, Paragraphs One and Two of that Law with Article 1 and the First and Third Sentences of Article 105 of the Constitution of the Republic of Latvia, as well as the Compliance of Section 42, Paragraph Three 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 Article 1 and the First Sentence of Article 92 of the Constitution of the Republic of Latvia

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: 2022-40-01

On Compliance of Annex 7 to Cabinet Regulation No 935 of 18 December 2012, Regulations Regarding Felling of Trees in Forests”, insofar as it Reduces the Final Felling Diameter According to the Dominant Tree Species and Site Index, with Article 115 of the Constitution of the Republic of Latvia

On Compliance of Section 48, Paragraph seven of the Electronic Communications Law with the First Sentence of Article 91 and Article 105 of the Satversme

On Compliance of Section 124, Paragraph six and Section 126, Paragraph 3.1 with the First and Second Sentences of Article 92 of the Constitution

Combined case: 2022-32-01

On Compliance of Section 124, Paragraph six, Section 125, Paragraph three and Section 126, Paragraph 3.1 with the First and Second Sentences of Article 92 of the Satversme

Combined case: 2022-32-01

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

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

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 Section 4, Paragraph Three, Clauses 1 and 3, Section 4, Paragraphs Five and Nine of the Law On Ports; Paragraph 16, Sub-paragraph 2 of the Transitional Provisions, Section 11, Paragraph Two of the Law of 10 February 2022 "Amendments to the Law On Ports", as well as Section 4, Paragraph One of the Freeport of Ventspils Law with Article 1 and the First Sentence of Article 101, Paragraph Two 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 22, Paragraphs Two and Three of the Law On Social Security with Article 1 and Article 109 of the Satversme of the Republic of Latvia

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 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:
1. To recognise the third, fourth and fifth part of Section 56 of the law “On Higher Education Institutions”, insofar they apply to higher education institutions and faculty members thereof, as being incompatible with Article 112 and Article 113 of the Satversme of the Republic of Latvia and void as of 1 July 2024.
2. To recognise Section 56 (3) of the law “On Higher Education Institutions” (in the wording, which was in force from 1 May 2021 until 10 October ), insofar this provision applies to higher education institutions and faculty members thereof, are incompatible with Article 112 and Article 113 of the Satversme of the Republic of Latvia.

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: 2022-02-01

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: 2022-02-01

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

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: 2022-02-01

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: 2022-02-01

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: 2022-02-01

On Compliance of Para 2 of Section 324 (2) of the Law “On Taxes and Fees” with the Second Sentence of Article 92 of the Satversme of the Republic of Latvia

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 Temporary Additional Requirements for the Work of Members of the Saeima and Councillors of Local Government Councils” with Article 96 and the First Part of Article 101 of the Satversme of the Republic of Latvia

On Compliance of Para 3 of Section 16 of the Advocacy Law of the Republic of Latvia with the First Sentence of Article 106 of the Satversme of the Republic of Latvia

On Compliance of the First and 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, the First Sentence of Article 91, as well as the First and the Third Sentence of Article 105 of the Satversme of the Republic of Latvia

Combined case: 2022-02-01

On Compliance of Section 4, Paragraph Three, Clause 1, Section 4, Paragraph Nine, Section 7, Paragraph 11 of the Law on Ports, as well as Paragraph 16, Sub-paragraphs 1 and 2 of the Transitional Provisions with Article 1 and the first sentence of Article 101, Paragraph Two of the Satversme of the Republic of Latvia

On the Decision of the Minister of Environmental Protection and Regional Development of 16 December 2021 No. 1 2/168 "On the Binding Regulation of the Jūrmala City Council of 30 September 2021 No. 38 "Amendments to the Jūrmala City Council Regulation of 12 September 2017 No. 1 2/168" suspension of the Operation of the Binding Regulation No. 1 "On Entry of Vehicles into the Special Regime Zone in the Administrative Territory of the City of Jūrmala"" with Article 115 of the Constitution of the Republic of Latvia and the Section 10, Paragraph three and Section 12, Paragraph one, Clause 6 of the Law "On Taxes and Fees"

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 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

The Constitutional Court ruled as follows:
To recognise 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 the Binding Regulation No. 22/2021 of the Ķekava Municipality Council dated 8 September 2021 “Regarding the Operation of Gambling at Ķekava Municipality” as being compatible 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: 2022-02-01

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

The Constitutional Court decided:
1. To declare Section 23(1) of the Punishment Register Law, insofar as it relates to information on acquitted persons, as incompatible with Section 96 of the Constitution of the Republic of Latvia and null and void as of 1 July 2023.
2. In relation to acquitted persons who have started protection of their fundamental rights through general legal remedies, to declare Section 23(1) of the Punishment Register Law, insofar as it relates to information about the acquitted person, as incompatible with Section 96 of the Constitution of the Republic of Latvia and null and void from the moment when the infringement of the fundamental rights of the person occurred.

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.

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

The Constitutional Court ruled the following:
to recognize Clause 53.1 and the number and word “10 years” of Cabinet Regulation No. 221 (adopted on 10 March 2009) “Regulations Regarding Electricity Production and Price Determination upon Production of Electricity in Cogeneration” and Clause 68 and the number and word “10 years” of Cabinet Regulation No. 561 (adopted 2 September 2020) “Regulations Regarding the Generation, Supervision, and Pricing of Electricity in Generation of Electricity in Cogeneration” as complying with Section 105 of the Constitution 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

The Constitutional Court held:
1. To recognise Section 43 (4) of the Civil Procedure Law, insofar it does not envisage the right of a legal person governed by private law to request the court to decide on exempting it from the obligation to pay the State fee for submitting the statement of claim, as being incompatible with the first sentence of Article 92 of the Satversme of the Republic of Latvia and void as of 1 October 2023.
2. With respect to merchant IMEX PROVIDER LTD, registered in the British Virgin Islands, to recognise Section 43 (4) of the Civil Procedure Law, insofar it does not envisage the right of a legal person governed by private law to request the court to decide on exempting it from the obligation to pay the State fee for submitting the statement of claim, as being incompatible with the first sentence of Article 92 of the Satversme of the Republic of Latvia and void as of the moment when the infringement on its fundamental rights occurred.

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

The Constitutional Court ruled the following:
to declare Sections 534, 534.1, 535, 536 and 537 of the Civil Procedure Law, insofar as they do not provide for supervision of arbitration proceedings in cases where the interested party does not apply to a court of general jurisdiction for enforcement of an Arbitration Court judgment for a long time, when such judgement was to be recognised and enforced abroad, or when it was not necessary to apply to a court of general jurisdiction for the issue of a writ of execution to enforce such judgment, to be incompatible with Article 92 of the Constitution of the Republic of Latvia as of 1 March 2024.

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.

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

On Compliance of Sub-para “c” of Para 14 of Section 1 of the Value Added Tax Law, insofar it Applies to Cases of Compulsory Land Lease, with the First Sentence of Article 91 and the First, Second and Third Sentence of Article 105 of the Satversme of the Republic of Latvia

Combined case: 2020-24-01

On Compliance of Para 31 of Section 529 (1) and Section 550 (1) of the Criminal Procedure Law with the First Sentence of Article 92 of the Satversme of the Republic of Latvia

The Constitutional Court ruled the following:
To recognise Section 529, Paragraph One, Clause 31 and Section 550, Paragraph One of the Criminal Procedure Law, insofar as it relates to the time limit for submitting an appeal in particularly complex and voluminous criminal proceedings, as being compatible with the first sentence of Article 92 of the Satversme of the Republic of Latvia.

On compliance of paragraph 2418 of the Cabinet of Ministers Regulation No 360 of 9 June 2020 ‘Epidemiological safety measures for the containment of the spread of COVID-19 infection’ (in the wording that was in force from 7 April 2021 until 19 May 2021) with the first sentence of Article 91, the first and the third sentence of Article 105 of the Constitution of the Republic of Latvia

Combined case: 2021-24-03

On Compliance of Para 2 of Section 7 1 (1) of the Law on Financing Political Organisations (Parties) with the first sentence of Article 91 of the Satversme of the Republic of Latvia

The Constitutional Court held:
To recognise Para 2 of Section 7 1 (1) of the Law on Financing
Political Organisations (Parties) (in the wording that was in force from
1 January 2020 until 1 January 2022) as being compatible with the first
sentence of Article 91 of the Satversme of the Republic of Latvia.

On compliance of sub-paragraph 88.2 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 Article 64 and the first and the third sentence of Article 105 of the Constitution of the Republic of Latvia and with Section 107(7) of the Energy Law

Combined case: 2021-03-03

On the compliance of Section 82(1) of the Criminal Law in the wording which was in force from 1 April 2013 until 10 May 2016 with the first sentence of Article 100 of the Constitution of the Republic of Latvia, and on the compliance of the transitional provision of the law of 21 April 2016 ‘Amendments to the Criminal Law’ with Article 1 and the second sentence of Article 92 of the Constitution of the Republic of Latvia

The Constitutional Court resolved:
To terminate legal proceedings in Case No. 2021-34-01 “On Compliance of Section 82, Paragraph One of the Criminal Law in the Wording Effective from 1 April 2013 to 10 May 2016 with the First Sentence of Article 100 of the Satversme of the Republic of Latvia and Compliance of the Transitional Provision of the Law “Amendments to the Criminal Law” of 21 April 2016 with Article 1 and the Second Sentence of Article 92 of the Satversme of the Republic of Latvia”.

On compliance of paragraph 8 of Section 4(1) of the Law on the Management of the Spread of COVID-19 Infection, paragraphs 11 and 124 of Section 1 and paragraph 45 of Section 14 of the Education Law, as well as sub-paragraph 27.1.3, paragraph 327(2) and (3) of the Cabinet of Ministers Regulation No 360 of 9 June 2020 'Epidemiological Safety Measures for the Containment of the Spread of COVID-19 Infection’ with Article 112 of the Constitution of the Republic of Latvia

The Constitutional Court decided:
1. To dismiss the proceedings in the case in the part concerning compliance of Article 14, Clause 45 of the Education Law with Article 112 of the Constitution of the Republic of Latvia.
2. To declare Article 1, Clauses 1 1 and 12 4 of the Education Law, insofar as it relates to the organisation of the education process during the spread of Covid-19 infection, as well as Article 4, part one, Clause 8 of the Management Law of the Spread of Covid-19 Infection compliant with Article 112 of the Constitution of the Republic of Latvia.
3. To declare sub-paragraph 27.1.3 (in the wording effective from 17 September 2020 to 19 August 2021), Clause 32 7, sub-paragraph 2 (in the wording effective from 17 September 2020 to 19 August 2021) and sub-paragraph 3 (in the wording effective from 17 September 2020 to 19 August 2021) of the Cabinet of Ministers Regulations No 360 of 9 June 2020 "Epidemiological Safety Measures for the Containment of the Spread of COVID-19 Infection” compliant with Article 112 of the Constitution of the Republic of Latvia.

On compliance of paragraph 10 of Section 13(1) of the Law on the Procedures for Holding under Arrest and of paragraph 10 of Annex 4 to the Cabinet of Ministers Regulation No 800 of 27 November 2007 ‘Internal procedure regulations of investigation prisons’ with the first sentence of Article 101 and the first sentence of Article 106 of the Constitution of the Republic of Latvia

The Constitutional Court ruled the following:

To recognise Section 13, Paragraph One, Clause 10 of the Law on the Procedures for Holding under Arrest and Paragraph 10 of Annex 4 to Regulation of the Cabinet of Ministers No. 800 of 27 November 2007 “Internal Rules of Conduct of Investigation Prison” as being compatible with the first sentence of Article 101 and the first sentence of Article 106 of the Satversme of the Republic of Latvia.

On compliance of Section 313(1) and (3) of the Electricity Market Law and paragraphs 21.3, 28, 30, 31, 48.4 of and Annex 3 to the Cabinet of Ministers Regulation No 560 of 2 September 2020 ‘Regulation on the production of electricity using renewable energy sources, as well as on price determination procedures and control’ with Article 1 and the first sentence of Article 105 of the Constitution of the Republic of Latvia

On compliance of sub-paragraph 88.2 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 Article 64 and the first and the third sentence of Article 105 of the Constitution of the Republic of Latvia and with Section 107(7) of the Energy Law

Combined case: 2021-03-03

On compliance of paragraph 2418 of the Cabinet of Ministers Regulation No 360 of 9 June 2020 ‘Epidemiological safety measures for the containment of the spread of COVID-19 infection’ (in the wording that was in force from 7 April 2021 until 1 June 2021) with the first sentence of Article 91, the first and the third sentence of Article 105 of the Constitution of the Republic of Latvia

Combined case: 2021-24-03

On compliance of sub-paragraph 88.2 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 Article 64 and the first and the third sentence of Article 105 of the Constitution of the Republic of Latvia and with Section 107(7) of the Energy Law

Combined case: 2021-03-03

On the compliance of the first sentence of Paragraph 4 of the Transitional Provisions of the Construction Law with Article 1, the first sentence of Article 91, and the first sentence of Article 106 of the Constitution of the Republic of Latvia

The Constitutional Court ruled the following:

1. To recognise the first sentence of Paragraph 4 of the Transitional Provisions of the Construction Law as being compatible with Article 1 and the first sentence of Article 106 of the Satversme of the Republic of Latvia.
2. To recognise the first sentence of Paragraph 4 of the Transitional Provisions of the Construction Law as being incompatible with the first sentence of Article 91 of the Satversme of the Republic of Latvia and null and void as of 1 January 2023.

On compliance of sub-paragraph 88.2 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 Article 64 and the first and the third sentence of Article 105 of the Constitution of the Republic of Latvia and with Section 107(7) of the Energy Law

Combined case: 2021-03-03

On compliance of paragraphs 3, 4 and 5 of the Cabinet of Ministers Regulation No 859 of 8 November 2011 ‘Regulation on the maximum amount of expenditure on legal aid reimbursable to a private individual’ (in the wording which was in force from 8 May 2015 until 9 April 2020) with the first sentence of Article 92 of the Constitution of the Republic of Latvia

The Constitutional Court held :

1. To recognise paragraphs 3, 4 and 5 of the Cabinet of Ministers Regulation No 859 of 8 November 2011 “Regulation on the maximum amount of expenditure on legal aid reimbursable to a private individual” (in the wording, which was in force from 8 May 2015 until 9 April 2020), insofar they do not provide for a reasonable amount of reimbursable cost, related to legal aid, as being incompatible with the first sentence of Article 92 of the Satversme of the Republic of Latvia.

2. With respect to the limited liability company “TAVEX” and persons, who have started and continue defending their fundamental rights by general legal remedies, to recognise paragraphs 3, 4 and 5 of the Cabinet of Ministers Regulation No 859 of 8 November 2011 “Regulation on the maximum amount of expenditure on legal aid reimbursable to a private individual” (in the wording, which was in force from 8 May 2015 until 9 April 2020), insofar they do not provide for a reasonable amount of reimbursable costs related to legal aid, as being incompatible with the first sentence of Article 92 of the Satversme of the Republic of Latvia and void as of the moment when the infringement on the respective person’s fundamental rights occurred.

3. To recognise paragraphs 3, 4 and 5 of the Cabinet of Ministers Regulation No 859 of 8 November 2011 “Regulation on the maximum amount of expenditure on legal aid reimbursable to a private individual” (in the wording, which is in force from 10 April 2020), insofar they do not provide for a reasonable amount of reimbursable costs related to legal aid, as being incompatible with the first sentence of Article 92 of the Satversme of the Republic of Latvia

4. With respect to persons, who have started and continue defending their fundamental rights by general legal remedies, to recognise paragraphs 3, 4 and 5 of the Cabinet of Ministers Regulation No 859 of 8 November 2011 “Regulation on the maximum amount of expenditure on legal aid reimbursable to a private individual” (in the wording, which is in force from 10 April 2020), insofar they do not provide for a reasonable amount of reimbursable costs related to legal aid, as being incompatible with the first sentence of Article 92 of the Satversme of the Republic of Latvia and void as of the moment when the infringement on the respective person’s fundamental rights occurred.

On compliance of paragraph 2418 of the Cabinet of Ministers Regulation No 360 of 9 June 2020 ‘Epidemiological safety measures for the containment of the spread of COVID-19 infection’ (in the wording that was in force from 7 April 2021 until 19 May 2021) with the first sentence of Article 91, the first and the third sentence of Article 105 of the Constitution of the Republic of Latvia

The Constitutional Court decided:

1 To recognise Paragraph 2418 of Regulation No. 360 of the Cabinet of Ministers of 9 June 2020 “Epidemiological Safety Measures for the Containment of the Spread of Covid-19 Infection” in the wordings effective from 7 April to 19 May 2021, insofar as it applies to a trader whose shop has been arranged on the premises of a large shopping centre and can be provided with a separate external access, and whose shop is not subject to the exceptions stipulated in this norm, as being non-compliant with the first sentence of Article 91 and the first and third sentences of Article 105 of the Constitution of the Republic of Latvia.

2 With regard to the LLC (SIA) “Jysk Linnen'n Furniture”, to recognise Paragraph 2418 of Regulation No. 360 of the Cabinet of Ministers of 9 June 2020 “Epidemiological Safety Measures for the Containment of the Spread of Covid-19 Infection” in the wordings effective from 7 April to 19 May 2021, insofar as it applies to a trader whose shop has been arranged on the premises of a large shopping centre and can be provided with a separate external access, and whose shop is not subject to the exceptions stipulated in this norm, as null and void as of 7 April 2021.

3 To recognise Paragraph 2418 of Regulation No. 360 of the Cabinet of Ministers of 9 June 2020 “Epidemiological Safety Measures for the Containment of the Spread of Covid-19 Infection” in the wordings effective from 7 April to 1 June 2021, insofar as it applies to the owner of a large shopping centre, as being compliant with the first and third sentences of Article 105 of the Constitution of the Republic of Latvia.

4 To recognise Paragraph 2418 of Regulation No. 360 of the Cabinet of Ministers of 9 June 2020 “Epidemiological Safety Measures for the Containment of the Spread of Covid-19 Infection” in the wordings effective from 7 April to 1 June 2021, insofar as it applies to the owner of a large shopping centre, as being non-compliant with the first sentence of Article 91 of the Constitution of the Republic of Latvia.

5 With regard to the LLC (SIA) “VRPB” and the LLC (SIA) “EfTEN Domina”, to recognise Paragraph 2418 of Regulation No. 360 of the Cabinet of Ministers of 9 June 2020 “Epidemiological Safety Measures for the Containment of the Spread of Covid-19 Infection” in the wordings effective from 7 April to 1 June 2021, insofar as it applies to the owner of a large shopping centre, as null and void as of 7 April 2021.

On compliance of Section 32(4) and (8) of the Law on the Election of Local Government Councils with Article 101 of the Constitution of the Republic of Latvia

The Constitutional Court ruled the following:

1. To recognise Section 32, Paragraphs Four and Eight of the Law on the Election of Local Government Councils, insofar as these norms deny suspects, accused or defendants who being imposed custody as a restraint measure from voting in the election of local government councils, if these persons are in a place of incarceration located beyond the territory of the electoral district in the electoral roll of which they are registered, as being incompatible with Article 101, Paragraph One and the first sentence of Paragraph Two of the Satversme of the Republic of Latvia.

2. With regard to Mr Aivars Lembergs – to recognise Section 32, Paragraphs Four and Eight of the Law on the Election of Local Government Councils, insofar as these norms deny him from voting in the election of local government councils, if he is in a place of incarceration located beyond the territory of the electoral district in the electoral roll of which he is registered, as being incompatible with Article 101, Paragraph One and the first sentence of Paragraph Two of the Satversme of the Republic of Latvia as of the moment of occurrence of infringement of his fundamental rights.

On compliance of the second sentence of Section 4441(3) of the Civil Procedure Law (in the wording which was in force from 1 March 2018 until 19 April 2021) with the first sentence of Article 92 of the Constitution of the Republic of Latvia

The Constitutional Court held :

1. To recognise the second sentence of Section 4441 (3) of the Civil Procedure Law (in the wording that was in force from 1 March 2018 until 19 April 2021) and the second sentence of Section 431 (2), insofar these norms do not provide for the right of a legal person governed by private law to request a court to decide on exempting it from the obligation to pay the security deposit upon submitting an ancillary complaint, as being incompatible with the first sentence of Article 92 of the Satversme of the Republic of Latvia.

2. With respect to “WINNER”, Ltd., undergoing liquidation, to recognise the second sentence of Section 4441 (3) of the Civil Procedure Law (in the wording that was in force from 1 March 2018 until 19 April 2021), insofar it does provide for the right of a legal person governed by private law to request a court to decide on exempting it from the obligation to pay the security deposit upon submitting an ancillary complaint, as being incompatible with the first sentence of Article 92 of the Satversme of the Republic of Latvia and void as of the date when the infringement on its fundamental rights occurred.

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

Combined case: 2021-03-03

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

Combined case: 2021-03-03

On the compliance of Section 7011(4) of the Criminal Law and Section 358(1) of the Criminal Procedure Law with the first sentence of Article 91 and the first, second, and third sentence of Article 105 of the Constitution of the Republic of Latvia

Combined case: 2021-18-01

On the compliance of Section 7011(4) of the Criminal Law and Section 358(1) of the Criminal Procedure Law with the first sentence of Article 91 and with Article 105 of the Constitution of the Republic of Latvia

The Constitutional Court ruled the following:

1. To dismiss proceedings in respect of the claim of the Joint-Stock Company under liquidation “TRASTA KOMERCBANKA” on compliance of Section 7011, Paragraph Four of the Criminal Law and Section 358, Paragraph One of the Criminal Procedure Law with the first sentence of Article 91 and Article 105 of the Satversme of the Republic of Latvia.

2. To dismiss proceedings in respect of the claim of ERGO TEC LLP, a merchant registered in the United Kingdom, on compliance of Section 7011, Paragraph Four of the Criminal Law and Section 358, Paragraph One of the Criminal Procedure Law with the first three sentences of Article 105 of the Satversme of the Republic of Latvia.

3. To recognise Section 7011, Paragraph Four of the Criminal Law and Section 358, Paragraph One of the Criminal Procedure Law as being compatible with the first sentence of Article 91 of the Satversme of the Republic of Latvia.

On compliance of sub-paragraph 88.2 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 Article 64 and with Section 107(7) of the Energy Law

Combined case: 2021-03-03

On compliance of sub-paragraph 88.2 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 Article 64 and the first and the third sentence of Article 105 of the Constitution of the Republic of Latvia and with Section 107(7) of the Energy Law

Combined case: 2021-03-03

On compliance of sub-paragraph 88.2 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 Article 64 and the first and the third sentence of Article 105 of the Constitution of the Republic of Latvia and with Section 107(7) of the Energy Law

Combined case: 2021-03-03

On compliance of sub-paragraph 88.2 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 Article 64 and the first and the third sentence of Article 105 of the Constitution of the Republic of Latvia and with Section 107(7) of the Energy Law

Combined case: 2021-03-03

On compliance of sub-paragraph 88.2 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 Article 64 and the first and the third sentence of Article 105 of the Constitution of the Republic of Latvia and with Section 107(7) of the Energy Law

Combined case: 2021-03-03

On the compliance of paragraph 11 (in the wording which was in force until 31 December 2020) of Riga City Council binding regulation No 111 of 18 December 2019 ‘Procedure for granting real estate tax benefits in Riga’ with Article 1 and the first sentence of Article 105 of the Constitution of the Republic of Latvia

The Constitutional Court ruled the following:
To declare that Clause 11 of the Riga City Council Biding Regulation No 111 of 18 December 2019 “Procedures for Granting the Real Estate Tax Relief in Riga” (wording effective until 31 December 2020) does not comply with Article 1 and the first sentence of Article 105 of the Constitution of the Republic of Latvia, and as regards those persons who have commenced their right protection with general remedies, it shall be invalid from the date of its entry into force.

On the compliance of Section 10(2) and Paragraph 1 of Section 15(1) of the Military Service Law with the first sentence of Article 91 and with Article 102 of the Constitution of the Republic of Latvia

On the compliance of Paragraph 353 of the Cabinet of Ministers Regulation No 360 of 9 June 2020 ‘Epidemiological safety measures to contain the spread of Covid-19 infection’ with the second sentence of Article 98 of the Constitution of the Republic of Latvia

The Constitutional Court decided: to terminate legal proceedings in Case No. 2021-10-03 "On Compliance of Paragraph 35.3of the Cabinet of Ministers Regulation of 9 June 2020 No. 360 "Epidemiological Security Measures to Limit the Spread of Covid-19 Infection" with the Second Sentence of Section 98 of the Satversme of the Republic of Latvia".

On the compliance of Section 91(2) of the Law on the Road User Charge in the wording which was in force until 30 June 2020, and of Section 14940(2) of the Latvian Administrative Violations Code in the wording which was in force from 1 January 2017 until 30 June 2020 with Article 1 and the first sentence of Article 92 of the Constitution of the Republic of Latvia

On compliance of sub-paragraph 88.2 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 Article 64 and the first and the third sentence of Article 105 of the Constitution of the Republic of Latvia and with Section 107(7) of the Energy Law

Combined case: 2021-03-03

On compliance of Section 14(6) of the Law on Remuneration of Officials and Employees of State and Local Government Authorities with Article 91 and Article 107 of the Constitution of the Republic of Latvia

The Constitutional Court held:

1. To recognise Section 14 (6) of the Law on Remuneration of Officials and Employees of State and Local Government Authorities, insofar it does not provide for the right of officials with special service ranks of the institutions belonging to the system of the Ministry of the Interior and the Prison Administration to receive commensurate remuneration for work done on public holidays, as being incompatible with Article 107 of the Satversme of the Republic of Latvia and void as of 1 January 2023.

2. With respect to persons, who have begun defending their fundamental rights by general legal remedies, to recognise Section 14 (6) of the Law on Remuneration of Officials and Employees of State and Local Government Authorities, insofar it does not provide for the right of officials with special service ranks of the institutions belonging to the system of the Ministry of the Interior and the Prison Administration to receive commensurate remuneration for work done on public holidays, as being incompatible with Article 107 of the Satversme of the Republic of Latvia and void as of the moment when the infringement of these persons’ fundamental rights occurred.

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

On Compliance of the Second Sentence of Section 314 (1) of the Electricity Market Law with Article 1 and the First Sentence of Article 105 of the Satversme of the Republic of Latvia

On Compliance of Sub-para 23.1, 23.2., 23.8., 23.12. and 23.13. 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 as well as the Sixth Part of Article 4 and Article 5 of the European Charter of Local Self-Government

Combined case: 2020-41-0106

On Compliance of Para 4 of Section 4 of the Law “On the Career Course of Service of Officials with Special Service Ranks Working in Institutions of the System of the Ministry of the Interior and the Prisons Administration” with Article 101 and Article 106 of the Satversme of the Republic of Latvia

On Compliance of the First Part of Section 8 and the Second and the Third Part of Section 8.1 of the Law “On Control of Aid for Commercial Activity” with Article 1, Article 91, Article 92 and Article 105 of the Satversme of the Republic of Latvia”

The Constitutional Court held:
1. To terminate the proceedings with regard to the compliance of Section 81(2)(3) of the Law on Control of Aid for Commercial Activity with Articles 1, 91, 92 and 105 of the Constitution of the Republic of Latvia.
2. To terminate the proceedings with regard to the compliance of Section 8(1), Paragraphs 1 and 2 of Section 81(2) and Section 81(3) of the Law on Control of Aid for Commercial Activity with the principle of separation of powers and the first sentence of Article 92 of the Constitution of the Republic of Latvia.
3. To declare Section 8(1), Paragraphs 1 and 2 of Section 81(2) and Section 81(3) of the Law on Control of Aid for Commercial Activity compliant with Article 1, the first sentence of Article 91 and the first, second and third sentences of Article 105 of the Constitution of the Republic of Latvia.

On Compliance of Sub-para 39.1, 39.8., 39.9., 39.12., 39.19. and 39.22. 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, 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: 2020-41-0106

On Compliance of Sub-para 41.14., 41.15., 41.18., 41.22. and 41.23. “Annex to the Law on Administrative Territories and Populated Areas “Administrative Territories, Administrative Centres thereof and the Units of Territorial Division”” with Article 1, the First Sentence of 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: 2020-41-0106

On Compliance of Sub-para 13.8. and 13.9. 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 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: 2020-41-0106

On Compliance of Sub-para 31.15., 31.29. and 31.30. 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: 2020-43-0106

On Compliance of Section 423 (1) of Energy Law (in the wording that was in force until 7 March 2016) with Article 64 and Article 105 of the Satversme of the Republic of Latvia, and Para 98, Sub-para 99.2. and Para 100 of the Cabinet Regulation of 9 February 2016 No. 85 “Regulation on the Supply and Use of Natural Gas” with Article 64 and Article 105 of the Satversmeof the Republic of Latvia and 423(1) of Energy Law (in the wording that was in force until 7 March 2016)

Combined case: 2019-37-0103

On Compliance of Sub-para 32.4. and 36.2. 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 and the First Sentence of the Second Part Article 101 of the Satversme of the Republic of Latvia and the Sixth Part of Article 4 as well as Article 5 of the European Charter of Local Self-Government

On Compliance of Sub-para 11.2. 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 and the First Part of 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: 2020-41-0106

On Compliance of Sub-para 19.18. and 19.20. 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 and 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

On Compliance of the Programme and Sub-programme for Increasing the Remuneration for Work to Health Care Workers of the Law “On the State Budget for 2020”, insofar they do not Envisage an Increase of the State Financing for Increasing the Remuneration for Work to Health Care Workers Set in Para 11 of the Transitional Provisions of the Health Care Financing Law, with Article 1 and Article 66 of the Satversme of the Republic of Latvia

The Constitutional Court ruled:

To recognise the programmes and sub-programmes of the law ‘On the State Budget for 2020’ which set out the remuneration of health care workers, insofar as they do not make provision for State funding to increase the remuneration of health care workers in 2020 as set in Paragraph 11 of the Transitional Provisions of the Health Care Financing Law, as being compatible with Articles 1 and 66 of the Constitution.    

On Compliance of Para “c” of Article 3, Para 3 of Article 4 and Para 1 of Article 12 of the Council of Europe Convention of 11 May 2011 on Preventing and Combating Violence against Women and Domestic Violence with the Preamble, Article 1, Article 99 and Article 110 of the Satversme of the Republic of Latvia and of Para 4 of its Article 4 with Article 91 of the Satversme of the Republic of Latvia and its Article 14 with Article 112 of the Satversme of the Republic of Latvia

Constitutional Court
held:

1. To terminate legal proceedings in the case in the part regarding
compliance of Para “c” of Article 3, Para 3 of Article 4 and Para 1 of Article 12
of the Council of Europe Convention on Preventing and Combating Violence
against Women and Domestic Violence with the Preamble, Article 1, Article 99
and Article 110 of the Satversme of the Republic of Latvia, and compliance of
Para 14 of the Council of Europe Convention on Preventing and Combating
Violence against Women and Domestic Violence with Article 112 of the
Satversme of the Republic of Latvia.

2. To recognise Para 4 of Article 4 of the Council of Europe Convention
on Preventing and Combating Violence against Women and Domestic Violence
as being compatible with Article 91 of the Satversme of the Republic of Latvia.

On Compliance of Sub-para 28.2. and 28.19. 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: Nr.2020-37-0106

On Compliance of Sub-para 35.4. 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 Part of Article 101 of the Satversme and the Sixth Part of Article 4 and Article 5 of the European Charter of Local Self-Government

The Constitutional Court ruled:
To terminate the legal proceedings in the case insofar as it concerns the compliance of subparagraphs 28.2, 28.19 and 35.4 of Annex “Administrative Territories, their Administrative Centres and Units of Territorial Division” to the Law on Administrative Territories and Populated Areas with Article 4(3) of the European Charter of Local Self-Government.
To recognise subparagraph 35.4 of Annex “Administrative Territories, their Administrative Centres and Units of Territorial Division” to the Law on Administrative Territories and Populated Areas as being compatible with Article 4(6) and Article 5 of the European Charter of Local Self-Government.
To recognise subparagraph 35.4 of Annex “Administrative Territories, their Administrative Centres and Units of Territorial Division” to the Law on Administrative Territories and Populated Areas as being incompatible with Articles 1 and 101 of the Constitution of the Republic of Latvia.
To recognise subparagraphs 28.2 and 28.19 of Annex “Administrative Territories, their Administrative Centres and Units of Territorial Division” to the Law on Administrative Territories and Populated Areas as being compatible with Articles 1 and 101 of the Constitution of the Republic of Latvia and with Article 4(6) and Article 5 of the European Charter of Local Self-Government.

On Compliance of Para 1 of Section 72 (5) of Law on the Protection of the Children’s Rights 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 Section 6 (5) of the Law “On State Social Insurance” with the First Sentence of Article 91 and Article 109 of the Satversme of the Republic of Latvia

On Compliance of Para 13 of the Cabinet Regulation of 27 October 2009 No. 1250 “Regulation Regarding State Fee for Registering Ownership Rights and Pledge Rights in the Land Register” with Article 91, Article 105 and Article 110 of the Satversme of the Republic of Latvia

On Compliance of the Third Sentence of Section 5 (1), Section 56 (3) and Para 49 of the Transitional Provisions of the Law “On Institutions of Higher Education” 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 the First Sentence of Article 105 of the Satversme of the Republic of Latvia

Combined case: 2020-26-0106

On Compliance of Section 34 (1) of the Law “On Taxes and Duties, insofar it Envisages Calculation and Collection from the Taxpayer a Fine in the Amount of 100 Per Cent of the Underpaid Tax Due to the Budget, with Article 105 of the Satversme of the Republic of Latvia

The Constitutional Court ruled:

1. To recognise Section 34(1) of the law “On Taxes and Duties”, insofar as it, without an individual assessment, imposes a fine in the amount of 100 percent of the tax payable to the budget for engaging in economic activity after registering as a performer of economic activity but without registering as a payer of a particular tax, as being incompatible with the first three sentences of Article 105 of the Constitution of the Republic of Latvia.

2. In respect of Jānis Pīlāts and those taxpayers who have initiated and continue the process of protecting their fundamental rights using general legal remedies, to recognise Section 34(1) of the law “On Taxes and Duties”, insofar as it, without an individual assessment, imposes a fine in the amount of 100 percent of the tax payable to the budget for engaging in economic activity after registering as a performer of economic activity but without registering as a payer of a particular tax, as being incompatible with the first three sentences of Article 105 of the Constitution of the Republic of Latvia and void as from the moment when the infringement of their fundamental rights occurred.

3. To recognise Section 34(1) of the law “On Taxes and Duties”, insofar as it, without an individual assessment, imposes a fine in the amount of 100 percent of the tax payable to the budget for a failure to submit, within 30 days after the deadline set by the tax authority, tax declarations specified in tax laws, as well as the business and accounting records requested by the tax authority, without which the tax administration officers (employees) are unable to determine the amount of tax liability, as being compatible with the first three sentences of Article 105 of the Constitution of the Republic of Latvia.

On Compliance of Para 2 of the Transitional Provisions of the Law “On Compensation for Damages Caused in Criminal Proceedings and Record-Keeping of Administrative Violations” with Article 1 and the Third Sentence of Article 92 of the Satversme of the Republic of Latvia

On Compliance of Para 8 of Section 15 of the Security Guards Activity Law with the First Sentence of Article 106 of the Satversme of the Republic of Latvia

On Compliance of Para 2 and Para 3 of the Cabinet Regulation of 3 December 2019 No. 579 “Regulation on the Minimal Amount of the Old-age Pension” with Article 1, Article 91 and Article 109 of the Satversme of the Republic of Latvia

Combined case: Nr.2020-07-03

On Compliance of Section 8 and 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, the First Sentence of Article 91 and the First and the Third Sentence of Article 105 of the Satversme of the Republic of Latvia

Combined case: 2020-26-0106

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

On Compliance of Section 423 (1) of Energy Law (in the wording that was in force until 7 March 2016) with Article 64 and Article 105 of the Satversme of the Republic of Latvia, and Para 98 and Para 100 of the Cabinet Regulation of 9 February 2016 No. 85 “Regulation on the Supply and Use of Natural Gas” with Article 64 and Article 105 od the Satversme of the Republic of Latvia and 423 (1) of Energy Law (in the wording that was in force until 7 March 2016)

Combined case: 2019-37-0103

On Compliance of Sub-para “c” of Para 14 of Section 1 of Value Added Tax Law, insofar it Applies to the Leasing of Land in Cases of Enforced Lease, with the First Sentence of Article 91 and the First, Second and Third Sentence of Article 105 of the Satversme of the Republic of Latvia

On compliance of Section 236 (1) of the Criminal Law (in the Wording that was in Force until 31 March 2013) with Article 90 and Article 92 of the Satversme of the Republic of Latvia and of the Transitional Provision of the Law of 29 October 2015 “Amendments to the Criminal Law” with Article 1 and Article 92 of the Satversme of the Republic of Latvia

The Constitutional Court held:

1. To recognise Section 236 (1) of the Criminal Law (in the wording that was in force until 31 March 2013) as being compatible with Article 90 and the second sentence of Article 92 of the Satversme of the Republic of Latvia.
2. To recognise the Transitional Provision of the law of 29 October 2015 “Amendments to the Criminal Law”, insofar it does not provide for retroactive effect of Section 236 (1) of the Criminal Law with respect to offences, which subsequently have been recognised as being criminally unpunishable, as being incompatible with Article 90 and the second sentence of Article 92 of the Satversme of the Republic of Latvia, and with respect to persons, to which this provision, insofar it does not provide for retroactive effect of amendments to Section 236 (1) of the Criminal Law, has been applied or should be applied in court, as invalid from the moment when the violation of fundamental rights occurred.

On Compliance of the First Part and Part 41 of Section 464 of the Civil Procedure Law with the First Sentence of Article 92 of the Satversme of the Republic of Latvia

On Compliance of the First Sentence of Section 45 (5) of the Sentence Execution Code of Latvia with Article 96 of the Satversme of the Republic of Latvia

The Constitutional Court held:
1) To declare the first sentence of Section 45, paragraph 5 of the Sentence Execution Code of Latvia, insofar as it prohibits without an individual assessment a convicted person from meeting with a family member who is serving a sentence in another prison and has received permission to temporarily leave the territory of the prison, to be incompatible with Article 96 of the Satversme of the Republic of Latvia.
2) With regard to the submitter of the constitutional complaint Artjoms Zablockis, to recognise the first sentence of Section 45, paragraph 5 of the Sentence Execution Code of Latvia, insofar as it prohibits without an individual assessment a convicted person from meeting with a family member who is serving a sentence in another prison and has received permission to temporarily leave the territory of the prison, to be incompatible with Article 96 of the Satversme of the Republic of Latvia and invalid from the moment of occurrence of the violation of his fundamental rights.

On Compliance of Para 98, Sub-para 99.2. and Para 100 of the Cabinet Regulation of 9 February 2016 No. 85 “Regulation on the Supply and Use of Natural Gas” with Article 64 and Article 105 of the Satversme of the Republic of Latvia and Section 42.3 (1) of the Energy Law (in the wording that was in force until 7 March 2016)

Combined case: 2019-37-0103

On Compliance of Para 2 of the First Part and the Second Part of Section 16 of the Law “On State Pensions” as well as Sub-para 2.2 and 2.3. of the Cabinet Regulation of 22 December 2009 No. 1605 “Regulations Regarding the Amount of the State Social Security Benefit and Funeral Benefit, Procedures for the Review thereof and Procedures for the Granting and Disbursement of the Benefits” with Article 1, the Second Sentence of Article 91 and Article 109 of the Satversme of the Republic of Latvia

On Compliance of Para 2 of Section 37 (4) of “Law on Governance of Capital Shares of a Public Person and Capital Companies” with the First Sentence of Article 106 of the Satversme of the Republic of Latvia

On Compliance of Section 423 (1) of Energy Law (in the wording that was in force until 7 March 2016) with Article 64 and Article 105 of the Satversme of the Republic of Latvia, and Compliance of Para 98 and Para 100 of the Cabinet Regulation of 9 February 2016 No. 85 “Regulation on the Supply and Use of Natural Gas” with Article 64 and Article 105 of the Satversme of the Republic of Latvia and Section 423(1) of the Energy Law (in the wording that was in force until 7 March 2016).

Combined case: 2019-37-0103

On Compliance of Para 2 of Section 1 of the law “On Dismissal of the Riga City Council” with Article 1 and Article 101 of the Satversme of the Republic of Latvia

On Compliance of Section 423 (1) of Energy Law (in the wording that was in force until 7 March 2016) with Article 64 and Article 105 of the Satversme of the Republic of Latvia, and Compliance of Para 98 and Para 100 of the Cabinet Regulation of 9 February 2016 No. 85 “Regulation on the Supply and Use of Natural Gas” with Article 64 and Article 105 of the Satversme of the Republic of Latvia and Section 423(1) of the Energy Law (in the wording that was in force until 7 March 2016).

Combined case: 2019-37-0103

On Compliance of Section 37 (3) of the Civil Procedure Law with the first sentence of Article 91 and Article 105 of the Satversme of the Republic of Latvia

The Constitutional Court held:

1. To recognise Section 37 (2) of the Civil Procedure Law as being incompatible with the first sentence of Article 91 of the Satversme of the Republic of Latvia.

2. With respect to Jurijs Kapišņikovs, Ināra Kapišņikova and Eduards Kapišņikovs, to recognise Section 37 (2) of the Civil Procedure Law as being incompatible with the first sentence of Article 91 of the Satversme of the Republic of Latvia as of the date when the infringement of their fundamental rights occurred.

On Maternity and Sickness Insurance” and Section 7 (11) of “Law on State Social Allowances” with the first sentence of Article 91 and Article 110 of the Satversme of the Republic of Latvia

The Constitutional Court held:
to recognise Para 2 of Section 104 (4) of the law “On Maternity and Sickness Insurance” and Section 7 (11) of “Law on State Social Allowances” as being compatible with the first sentence of Article 91 and Article 110 of the Satversme of the Republic of Latvia”.

On Compliance of Section 423 (1) of Energy Law (in the wording that was in force until 7 March 2016) with Article 64 and Article 105 of the Satversme of the Republic of Latvia, and Compliance of Para 98 and Para 100 of the Cabinet Regulation of 9 February 2016 No. 85 “Regulation on the Supply and Use of Natural Gas” with Article 64 and Article 105 of the Satversme of the Republic of Latvia and Section 423(1) of the Energy Law (in the wording that was in force until 7 March 2016).

Combined case: 2019-37-0103

On Compliance of Section 42.3 (1) of Energy Law (in the wording that was in force until 7 March 2016) and Para 56 and Para 58 of the Cabinet Regulation of 16 December 2008 No. 1048 “Regulation on the Supply and Use of Natural Gas” with Article 105 of the Satversme of the Republic of Latvia as well as of Para 87 of this Regulation with Article 64 and Article 105 of the Satversme of the Republic of Latvia

Combined case: 2019-10-0103

On Compliance of Section 42.3 (1) of Energy Law (in the wording that was in force until 7 March 2016) and Para 56 and Para 58 of the Cabinet Regulation of 16 December 2008 No. 1048 “Regulation on the Supply and Use of Natural Gas” with Article 105 of the Satversme of the Republic of Latvia as well as of Para 87 of this Regulation with Article 64 and Article 105 of the Satversme of the Republic of Latvia

Combined case: 2019-10-0103

On Compliance of Section 42.3 (1) of Energy Law (in the wording that was in force until 7 March 2016) and Para 56 and Para 58 of the Cabinet Regulation of 16 December 2008 No. 1048 “Regulation on the Supply and Use of Natural Gas” with Article 105 of the Satversme of the Republic of Latvia as well as of Para 87 of this Regulation with Article 64 and Article 105 of the Satversme of the Republic of Latvia

Combined case: 2019-10-0103

On Compliance of Section 1 (1) of the Civil Procedure Law with the First Sentence of Article 92 of the Satversme of the Republic of Latvia

The Constitutional Court resolved:
To terminate legal proceedings on compliance of Section 1, Clause 14, Sub-clause “c” of the Value Added Tax Law, insofar as it applies to the leasing of land in cases of compulsory lease, with the first sentence of Article 91 and the first, second and third sentences of Article 105 of the Satversme of the Republic of Latvia".

On Compliance of Sub-para 2.2. of the Cabinet Regulation of 5 December 2011 No. 924 “Regulation on the Minimal Amount of the Old-age Pension”, Sub-para 2.1. of the Cabinet Regulation of 22 December 2009 No. 1605 “Regulations Regarding the Amount of the State Social Security Benefit and Funeral Benefit, Procedures for the Review thereof and Procedures for the Granting and Disbursement of the Benefits” (in the wording that was in force until 31 December 2019) as well as Para 2 and Sub-para 3.2. of the Cabinet Regulation of 3 December 2019 No. 579 “Regulation on the Amount of the Minimal State Old-age Pension

On Compliance of Section 42.3 (1) of Energy Law (in the wording that was in force until 7 March 2016) and Para 56 and Para 58 of the Cabinet Regulation of 16 December 2008 No. 1048 “Regulation on the Supply and Use of Natural Gas” with Article 105 of the Satversme of the Republic of Latvia as well as of Para 87 of this Regulation with Article 64 and Article 105 of the Satversme of the Republic of Latvia

Combined case: 2019-10-0103

On Compliance of Section 37 (1) of the Civil Procedure Law, insofar it does not Envisage Repayment of the State Fee Paid of a Notice of Appeal if the Notice of Appeal is Dismissed, with the First Sentence of Article 91 of the Satversme of the Republic of Latvia

The Constitutional Court held:

to recognise Section 37 (1) of the Civil Procedure Law, insofar it does not envisage repayment of the State fee paid of a notice of appeal if the notice of appeal is dismissed due to its incompatibility with formal requirements, as being compatible with the first sentence of Article 91 of the Satversme of the Republic of Latvia.

On Compliance of Section 423 (1) of Energy Law (in the wording that was in force until 7 March 2016) with Article 64 and Article 105 of the Satversme of the Republic of Latvia, and Compliance of Para 98 and Para 100 of the Cabinet Regulation of 9 February 2016 No. 85 “Regulation on the Supply and Use of Natural Gas” with Article 64 and Article 105 of the Satversme of the Republic of Latvia and Section 423(1) of the Energy Law (in the wording that was in force until 7 March 2016).

Combined case: 2019-37-0103

On Compliance of Section 423 (1) of Energy Law (in the wording that was in force until 7 March 2016) and Para 56 and Para 58 of the Cabinet Regulation of 16 December 2008 No. 1048 “Regulation on the Supply and Use of Natural Gas” with Article 105 of the Satversme of the Republic of Latvia as well as of Para 87 of this Regulation with Article 64 and Article 105 of the Satversme of the Republic of Latvia

Combined case: 2019-10-0103

On Compliance of Sub-para 18.12. of the Cabinet Regulation of 17 May 2011 No. 378 “Procedures for Advertising Medicinal Products and Procedures by Which a Medicinal Product Manufacturer is Entitled to Give Free Samples of Medicinal Products to Physicians” with Article 100 and Article 105 of the Satversme of the Republic of Latvia and the Third Part of Article 288 of the Treaty on the Functioning of the European Union

On Compliance of Section 464 (41) of the Civil Procedure Law with the First Sentence of Article 92 of the Satversme of the Republic of Latvia

Combined case: 2019-13-01

On Compliance of Section 464 (41) of the Civil Procedure Law with the First Sentence of Article 92 of the Satversme of the Republic of Latvia

Combined case: 2019-13-01

On Compliance of Section 423 (1) of Energy Law (in the wording that was in force until 7 March 2016) with Article 64 and Article 105 of the Satversme of the Republic of Latvia, and Para 98, Sub-para 99.2. and Para 100 of the Cabinet Regulation of 9 February 2016 No. 85 “Regulation on the Supply and Use of Natural Gas” with Article 64 and Article 105 of the Satversmeof the Republic of Latvia and 423(1) of Energy Law (in the wording that was in force until 7 March 2016)

On Compliance of Section 6 (2) of the Law “On State Social Insurance”(in the Wording that was in Force from 1 January 1998 until 31 December 2002) with Article 91 and Article 109 of the Satversme of the Republic of Latvia

The Court held:

to recognise Section 6 (2) of the Law “On State Social Insurance”(in the Wording that was in Force from 1 January 1998 until 31 December 2002), insofar it does not envisage subjecting persons with group I and II disabilities to disability insurance, as being incompatible with Article 91 and Article 109 of the Satversme of the Republic of Latvia and void as of the date it entered into force.

On Compliance of Section 61 (8) and Section 63 (7) of Immigration Law with the First Sentence of Article 92 of the Satversme of the Republic of Latvia

The Constitutional Court held:
1. To recognise Section 61 (8) of the Immigration Law as being incompatible with the first sentence of Article 92 of the Satversme of the Republic of Latvia and void as of 1 March 2021.
2. To terminate legal proceedings in the part of the case with respect to the compliance of Section 63 (7) of the Immigration Law with the first sentence of Satversme of the Republic of Latvia.

On Compliance of Section 423 (1) of Energy Law (in the wording that was in force until 7 March 2016) with Article 64 of the Satversme of the Republic of Latvia, on Compliance of Para 56 and Para 58 of the Cabinet Regulation of 16 December 2008 No. 1048 “Regulation on the Supply and Use of Natural Gas” with Article 64 of the Satversme of the Republic of Latvia and Section 423(1) of the Energy Law (in the wording that was in force until 7 March 2016), as well as Compliance of Para 87 of this Regulation with Article 64 and Article 105 of the Satversme of the Republic of Latvia and Section 423 (1) of Energy Law (in the wording that was in force until 7 March 2016)

Combined case: 2019-10-0103

On compliance of Section 155(1) of the Labour Law with the first sentence of Article 110 of the Constitution of the Republic of Latvia

On Compliance of Section 49.2 (1) of the Sentence Execution Code of Latvia with the Second Sentence of Article 91 and Article 96 of the Satversme of the Republic of Latvia

The Constitutional Court held:
1) To recognise Section 492(1) of the Sentence Execution Code of Latvia, insofar it does not envisage for sentenced persons who serve their sentences on the lowest regime for serving the sentence at a closed or partly-closed prison, to leave temporarily the territory of the institution for deprivation of liberty in connection with the death of a close relative, as being incompatible with Article96 of the Satversme oft he Republic of Latvia.
2) With respect to the submitter of the constitutional complaint Juris Krasovskis, to recognise Section 492(1) of the Sentence Execution Code of Latvia, insofar it does not envisage for sentenced persons who serve their sentences on the lowest regime for serving the sentence at a closed or partly-closed prison, to leave temporarily the territory of the institution for deprivation of liberty in connection with the death of a close relative, as being incompatible with Article96 of the Satversme of the Republic of Latvia and void as of the date when the infringement on his fundamental rights occurred.

On Compliance of Section 464 (41) of the Civil Procedure Law with the First Sentence of Article 92 of the Satversme of the Republic of Latvia

Combined case: 2019-13-01

On Compliance of Section 464 (4 1) of the Civil Procedure Law with the First Sentence of Article 92 of the Satversme of the Republic of Latvia

Combined case: 2019-13-01

On compliance of the programmes 03.00.00 “Higher Education”, 02.03.00 “Higher Medical Education”, 20.00.00 “Cultural Education” and sub-programme 22.02.00 “Higher Education” of the Law “On the State Budget for 2019”, insofar these do not envisage annual increase of the State-allocated financing for studies in State-founded institutions of higher education in the amount no less than 0.25 per cent of the gross domestic product, as provided for in Section 78 (7) of the Law on Higher Education Institutions, with Article 1 and Article 66 of the Satversme of the Republic of Latvia

On Compliance of Decision No. 1/7 of 18 April 2019 by the Board of the Public Utilities Commission “Regulation on the Connection to the Natural Gas Transmission System for Biomethane Producers, Liquefied Natural Gas System Operators and Natural Gas Users” with Article 1, Article 64, Article 89 and the First Sentence of Article 105 of the Satversme of the Republic of Latvia as well as Section 45 (7) and Section 841 (1) of the Energy Law and the Compliance of Section 841(1) of the Energy Law with Article 64 of the Satversme of the Republic of Latvia

On Compliance of Para 2 of the Cabinet Regulation of 22 December 2009 No. 1605 “Regulations Regarding the Amount of the State Social Security Benefit and Funeral Benefit, Procedures for the Review thereof and Procedures for the Granting and Disbursement of Benefits” with Article 1, the Second Sentence of Article 91 and Article 109 of the Satversme of the Republic of Latvia