A case initiated with respect to prohibition of smoking in gambling venues
A case has been initiated before the Constitutional Court regarding the compliance of Section 12 of the law of 11 January 2024 “Amendments to “Law on the Handling of Tobacco Products, Tobacco Substitute Products, Herbal Products for Smoking, Electronic Smoking Devices and Their Liquids””, insofar Para 17 has been added to Section 10 (2) of “Law on the Handling of Tobacco Products, Tobacco Substitute Products, Herbal Products for Smoking, Electronic Smoking Devices and Their Liquids”, with Article 1 and the first three sentences of Article 105 of the Constitution of the Republic of Latvia.
The applicant’s commercial activities are related to organising gambling. The contested provisions set out that, as of 1 January 2025, smoking will be prohibited in venues where gambling is organised.
According to the currently valid regulation, the applicant had set up in the venues where it organises gambling premises specifically for smoking where equipment for pumping air and ventilation was installed. The applicant had expected that the legislator would not change it without reasonable grounds. However, with the coming into effect of the contested provision, it no longer will be possible to us the premises, set up specifically for smoking in venues where gambling is organised. Thus, the contested provision creates additional expenses for the applicant, forcing it to change the venues where it provides its services in accordance with the contested provision, as well as, in general, restricts undisturbed use of its property. In view of the above, it is alleged that the contested provision infringes upon the applicant’s fundamental rights, included in the first three sentences of Article 105 of the Constitution, and violates the principle of legitimate expectations, included in Article 1 of the Constitution.
The Constitutional Court has requested the institution that has issued the contested act – the Saeima – to submit to the Constitutional Court a reply providing the facts of the case and legal reasoning by 28 October 2024. The deadline for preparing the case is 26 January 2025. The Court will decide on the procedure and date for hearing the case once the case is prepared.
The related Case No. 2024-23-01
Linked case: 2024-23-01