A case initiated regarding compliance of the minimum income level for recognising a family (a person) as needy with the Satversme
On 13 November 2019, the 3rd Panel of the Constitutional Court initiated a case “On Compliance of the words “if its average monthly income during the last three months per each member of the family does not exceed EUR 128.06” of Para 2 of the Cabinet Regulation of 30 March 2010 No. 229 “Regulations Regarding Recognising of a Family or Person Living Separately as Needy” with Article 1 and Article 109 of the Satversme of the Republic of Latvia”.
The Contested Norm
Para 2 of the Cabinet Regulation of 30 March 2010 No. 229 “Regulations Regarding Recognising of a Family or Person Living Separately as Needy”:
“2. The family (person) shall be recognised as needy if its average monthly income during the last three months per each member of the family does not exceed EUR 128.06 and if:
2.1. it does not own savings of monetary funds or property, except that referred to in Paragraph 19 of this Regulation;
2.2. it has not entered into a maintenance contract;
2.3. it does not receive services of a long-term social care and social rehabilitation institution or is not imprisoned;
2.4. the person has been registered with the State Employment Agency as an unemployed person in accordance with Section 37, Paragraph one of the Social Services and Social Assistance Law.”
The Norms of Higher Legal Force
Article 1 of the Satversme of the Republic of Latvia (hereafter – the Satversme): “Latvia is an independent democratic republic.”
Article 109 of the Satversme: “Everyone has the right to social security in old age, for work disability, for unemployment and in other cases as provided by law.”
The Facts
The case has been initiated on the basis of the Ombudsman’s application. The Ombudsman holds that the minimum income level set by the Cabinet for recognising a family (a person) as needy is incompatible with the principle of a socially responsible state, does not ensure protection of human dignity and does not fulfil the positive obligation of the State that follows from Article 109 of the Satversme to provide to a person the social assistance he or she needs.
The Ombudsman notes that the minimum income level that complies with the status of a needy family (person) has not been reviewed since 2011. Thus, the State has not fulfilled the obligation to re-examine the level of social protection regularly, striving to increase inhabitant’s quality of live with the maximum available resources. Allegedly, much larger number of Latvia’s inhabitants needs social support measures than the contested norm currently allows.
The Legal Proceedings
The Constitutional Court has requested the institution, which issued the contested act, the Cabinet, to submit a written reply on the facts of the case and the legal reasoning by 13 January 2020.
The term for preparing the case is 13 April 2020. The Court will decide on the type of procedure and the date for hearing the case after the case has been prepared.
Linked case: 2019-25-03