A case on restrictions of voting right has been initiated
The Second Panel of the Constitutional Court initiated a case “On Compliance of Section 6 Paragraph 1 of the Saeima Election Law insofar as It Applies to a Judge nominated as election candidate with Article 1 of the Satversme”.
The application was lodged before the Constitutional Court by the Administrative Court of Appeal (Administratīvā apgabaltiesa) regarding crossing of a judge Sandra Briķe out of the list of candidates for the elections of the 10th Saeima. The Administrative Court of Appeal holds that the norm that provides that “if a judge, a prosecutor has been nominated as an election candidate, he/she must resign from office (service) after the list of candidates for the Saeima elections has been registered and must submit the documents certifying his/her resignation to the Central Election Commission within one month” does not comply with the principle of proportionality, consequently, with Article 1 of the Satversme.
It has been indicated in the application that voting right is regarded as the most substantial legal right in a democratic society. Although these rights can be restricted, the restriction cannot deny the rights in substance. If a judge resigns from office and is not elected to the parliament, it is hardly possible for such a person to return to the office of a judge. Moreover, nomination of a judge as an election candidate does not serve as breach of restriction to combine offices and does not mean membership to any of political organizations because it is not a precondition for persons included in the list of candidates to pertain to any of political organizations.
The Saeima was asked to provide, before 29 December 2010, a reply on facts of the case and legal justification thereof. The term of preparation of the case is 29 March 2011 (the date of case adjudication will be determined after the case is prepared for examination thereof).
Linked case: 2010-68-01