A Case Initiated Regarding the Prohibition to Border-guards to Unite in Trade Unions
On 1 October 2013 the 1st Panel of the Constitutional Court of the Republic of Latvia initiated case “On compliance of the words “joining in trade unions” of Section”49(1) of Border Guard Law with Article 102 and the second sentence of Article 108 of the Satversme of the Republic of Latvia.”
Contested Norm (in italics)
Section 49(1) of Border Guard Law envisages that border guards are prohibited from joining in trade unions.
Norm of Higher Legal Force
Article 102 of the Satversme: “Everyone has the right to form and join associations, political parties and other public organisations.”
The second sentence of Article 108 of the Satversme: “The State shall protect the freedom of trade unions.”
Facts
The case has been initiated having regard to the application submitted by the Ombudsman of the Republic of Latvia. The Ombudsman holds that the prohibition envisaged by the contested norm, i.e., the prohibition for border guards to establish trade unions, is disproportional and that there is no public need for such a prohibition. Trade unions have an important place in a democratic society; they safeguard the economic, social and labour interests of the workers, as well as freedom of speech. Therefore, the freedom to establish, operate and develop trade unions in a democratic state should be considered as a basic requirement, which could be restricted only in particular, narrowly defined cases.
Legal Proceedings
The Constitutional Court has asked the Saeima to provide a reply on the facts of the case and legal substantiation by 2 December 2013.
The term for preparing the case is 1 March 2014. The Court shall decide upon the procedure and the date for hearing the case after the case has been prepared.
Linked case: 2013-15-01