A case has been initiated regarding the order by the Minister for Environmental Protection and Regional Development, by which the Spatial Planning of Riga was suspended
On 29 June 2002, the 2nd Panel of the Constitutional Court initiated the case “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”.
The Contested Act
The Oder by the Minister for Environmental Protection and Regional Development (hereafter – the Minister) 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” (hereafter – the contested act).
The Norm of Higher Legal Force
Article 1 of the Satversme of the Republic of Latvia (hereafter – the Satversme): “Latvia is an independent democratic republic.”
The fourth part of Article 4 of the European Charter of Local Self-Government) (hereafter – the Charter): “Powers given to local authorities shall normally be full and exclusive. They may not be undermined or limited by another, central or regional, authority except as provided for by the law.”
Article 8 of the Charter regulates the administrative supervision of local authorities’ activities.
Section 49 (1) of the law “On Local Governments” regulates the procedure, in which the Minister adopts the order on suspending the binding regulation issued by a Council.
Section 27 (3) of the Spatial Development Planning Law determines the procedure, in which a Minister evaluates applications, submitted by persons, relating to the spatial plan of a local government.
The Facts
The case was initiated on the basis of an application by the Riga City Council. The contested act suspended the binding regulation by the Riga City Council of 15 December 2021 No. 103 “Binding Regulation on the Use of and Construction in the Territory of Riga”, which approved of the spatial plan of Riga.
The Minister notes in the contested act that several deficiencies can be established in the drafting of this binding regulation and that it is incompatible with legal norms of higher legal force. The Riga City Council, however, does not uphold this opinion by the Minister and requests reviewing the compatibility of the contested act 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.
Legal Proceedings
The Constitutional Court has requested the official, which issued the contested act, i.e., the Minister for Environmental Protection and Regional Development, to submit to the Constitutional Court its written reply presenting the facts of the case and legal reasoning by 29 August 2022.
- The term for preparing the case is 29 November 2022.
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 is available here.
Press release in PDF is available here.
Linked case: 2022-25-05