A case initiated with respect to the joining of the Kandava Region to the Tukums Region
On 4 September 2020, the 2nd Panel of the Constitutional Court initiated the case “On Compliance of Sub-para 39.1, 39.8., 39.9., 39.12., 39.19. and 39.22. of “Annex to the Law on Administrative Territories and Populated Areas “Administrative Territories, Administrative Centres thereof and the Units of Territorial Division”” with Article 1, Article 101 of the Satversme of the Republic of Latvia as well as the Sixth Part of Article 4 and Article 5 of the European Charter of Local Self-Government”.
The Contested Norms
Sub-para 39.1, 39.8., 39.9., 39.12., 39.19. and 39.22. of “Annex to the Law on Administrative Territories and Populated Areas “Administrative Territories, Administrative Centres thereof and the Units of Territorial Division””provide that the town of Kandava as well as the rural municiplatities of Cēre, Kandava, Matkule, Vāne, Zante and Zemīte are part of the Tukums Region.
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 101 of the Satversme: “Every citizen of Latvia has the right, as provided for by law, to participate in the work of the State and of local government, and to hold a position in the civil service.
Local governments shall be elected by Latvian citizens and citizens of the European Union who permanently reside in Latvia. Every citizen of the European Union who permanently resides in Latvia has the right, as provided by law, to participate in the work of local governments. The working language of local governments is the Latvian language.”
The sixth part of Article 4 of the European Charter of Local Self-Government (hereafter – the Charter) “Scope of local self-government”: “Local authorities shall be consulted, insofar as possible, in due time and in an appropriate way in the planning and decision-making processes for all matters which concern them directly.”
Article 5 of the Charter “Protection of local authority boundaries”: “Changes in local authority boundaries shall not be made without prior consultation of the local communities concerned, possibly by means of a referendum where this is permitted by statute.”
The Facts
The case was initiated on the basis of an application submitted by the Kandava Regional Council. On 10 June 2020, the Saeima adopted the Law on Administrative Territories and Populated Areas. The Annex to the Law defines the administrative territories, their administrative centres and the units of territorial division. In accordance with sub-para 39.1., 39.8., 39.9., 39.12., 39.19., 39.21. and 39.22., the town of Kandava as well as the rural municipalities of Cēre, Kandava, Matkule, Vāne, Zante and Zemīte are part of the Tukums Region.
The Kandava Regional Council holds that the Saeima, in adopting the contested norms and joining the Kandava Region to the Tukums Region., has violated the principles of separation of powers, of good governance and of self-government and also has failed to conduct proper consultations with the Council of the local-government. Hence, the contested norms are said to be incompatible with Article 1 and Article 101 of the Satversme as well as the sixth part of Article 4 and Article 5 of the Charter.
Legal Proceedings
The Constitutional Court has requested the Saeima to submit a written reply on the facts of the case and the legal reasoning by 4 November 2020.
The term for preparing the case is 4 February 2021. The Court will decide on the type of procedure and the date for hearing the case after it has been prepared.
The decision on initiation of the case in Latvian is available here.
Press release in PDF is available here.
Linked case: 2020-48-0106