17th Annual Bilateral Conference of the Constitutional Court of Latvia and the Constitutional Court of Lithuania held in Riga
On December 11, the 17th Annual Conference of the Constitutional Court of Latvia and the Constitutional Court of Lithuania was held, where judges discussed the impact of the geopolitical context on the settlement of constitutional disputes, as well as the latest developments in the case-law of both courts.
In his opening address, President of the Constitutional Court of Latvia Aldis Laviņš highlighted the importance of the long tradition of bilateral cooperation between the Constitutional Courts of Latvia and Lithuania in strengthening the rule of law, stressing that the courts of the two countries have always cooperated very closely, but in these difficult times mutual support is as strong as ever. The international cooperation and the coordinated position of the constitutional courts of the two small countries were an important reason why the Constitutional Court of the Russian Federation, which has become an instrument of support for an aggressive autocratic regime, is no longer part of the global and European organisations of constitutional justice. The President drew attention to the common challenges in safeguarding democracy, stressing that geopolitical circumstances have changed indefinitely, and that the agenda of constitutional courts is not only to safeguard fundamental rights and the rule of law, but also to safeguard the democratic order of the country.
“The case-law of the Constitutional Court of Lithuania emphasises the guarantees of national and international security enshrined in the Fundamental Law, thus strengthening such an important constitutional principle as the Western geopolitical orientation of the Lithuanian state. It will also provide a basis for resolving other constitutional disputes when dealing with national security law. Lithuania has made a clear choice regarding the geopolitical direction of its development, and the judiciary has a particularly important task to ensure that this is consistently followed,” said Gintaras Goda, President of the Constitutional Court of Lithuania, in his opening speech at the conference.
During the first plenary session of the conference, Justice Artūrs Kučs of the Constitutional Court of Latvia gave a presentation entitled “Does Russia’s aggression in Ukraine and disinformation campaigns affect the assessment of restrictions on fundamental rights?” drew attention to the fact that the war has not only caused immense suffering for the Ukrainian people, but also new and legally complex challenges in the assessment of restrictions on fundamental rights. Case-law shows that the geopolitical context and Russia’s disinformation campaigns can be taken into account to protect the democratic state order. At the same time, restrictions on fundamental rights imposed in such geopolitical circumstances must be carefully scrutinised to ensure that they are proportionate and consistent with the values that underpin a democratic society.
In his address, Justice Vytautas Mizaras of the Constitutional Court of Lithuania drew attention to the fundamental recognition of the Constitutional Court of Lithuania that the independence of the state, the integrity of its territory and its constitutional order are among the most important constitutional values, the protection of which is a priority duty of state institutions and all citizens. Ensuring compliance with this obligation is at the heart of national security guarantees.
During the second plenary session of the conference, the President of the Constitutional Court of Latvia Aldis Laviņš and Justice of the Constitutional Court of Lithuania Tomas Davulis presented the current case-law of the Constitutional Courts of both countries.
The joint conferences of the Constitutional Court of Latvia and the Constitutional Court of Lithuania are a long-standing tradition, which has been maintained since 2000. At these conferences, judges discuss current issues of constitutional law and case-law, as well as exchange experiences and views on legal developments.