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 Satversme of the Republic of Latvia
Adjudicated
sabiedrība ar ierobežotu atbildību „TAVEX”
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25.03.2022.
29.03.2022.
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 Satversme 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.
