A case has been initiated on provisions reducing the final felling diameter
On 27 January 2023, the 3rd Panel of the Constitutional Court initiated the case “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”.
The contested provisions
Annex 7 to Cabinet Regulation No 935 of 18 December 2012, Regulations on Felling of Trees in Forests:
| No | Dominant tree species | Site index | |||
| Ia | I | II | III, IV and V | ||
| average diameter (cm) of the first level trees of the dominant tree species | |||||
| 1. | Pine | 30 | 30 | 30 | 30 |
| 2. | Spruce | 26 | 26 | 26 | 26 |
| 3. | Birch | 25 | 25 | 25 | 25 |
Provision with a higher legal force
Article 115 of the Constitution of the Republic of Latvia (hereinafter – the Constitution): “The State shall protect the right of everyone to live in a benevolent environment by providing information about environmental conditions and by promoting the preservation and improvement of the environment.”
Facts of the case
The case was initiated on the basis of an application from the Latvian Fund for Nature, World Wide Fund for Nature and the Latvian Ornithological Society (hereinafter – the Applicants).
The Applicants are legal persons governed by private law, foundations and associations respectively, and their purpose is, inter alia, to protect the environment and nature and to promote the conservation of biodiversity in forests. The Applicants point out that Annex 7 to Cabinet Regulation No 935 of 18 December 2012, Regulations on Felling of Trees in Forests, in so far as it reduces the final felling diameter according to the dominant tree species and site index, allows certain tree species to be felled sooner. That is, these provisions permit felling of younger forests, which is contrary to the right of a person to live in a favourable environment enshrined in Article 115 of the Constitution.
According to the Applicants, first of all, the obligation of the State to establish and ensure an effective system of environmental protection enshrined in Article 115 of the Constitution has been infringed, since neither the right of the Applicants to participate in the decision-making process related to the environment, nor the principles of precaution and assessment have been respected. Second, the principle of sustainability has been infringed. Third, a reasonable balance has not been struck between the public interest in living in a benevolent environment, on the one hand, and the promotion of economic development, on the other.
Judicial procedure
The term for preparing the case is 27 June 2023.
The Court shall decide on the procedure and date for hearing the case after the case is prepared.
The decision on initiation of the case (in Latvian) is available here.
Press release in PDF is available here.
Linked case: 2023-01-03