Current developments in judicial proceedings in October 2025

09.11.2025.

On 24 October 2025, the Constitutional Court adopted a judgement in case No 2024-16-01. The Court finds the norms establishing restrictions on the composition of electronic smoking devices and tobacco substitute products (tobacco-free nicotine pads) to be compatible with the first sentence of Article 91 and the first three sentences of Article 105 of the Constitution. The case was initiated following constitutional complaints from two companies that manufacture and distribute tobacco substitute products and electronic smoking devices. They point out that the prohibition on adding flavourings to electronic smoking devices that do not smell or taste of tobacco, and certain additives that facilitate inhalation or nicotine intake, disproportionately restricts their right to conduct their commercial activities. On the other hand, the maximum nicotine concentration for tobacco-free nicotine pads and the prohibition on adding flavourings are inconsistent not only with the right to property but also with the principle of legal equality. The Constitutional Court noted that nicotine was one of the most potent addictive substances known in the world and posed serious health risks. In view of the increase in the consumption of electronic smoking devices and tobacco-free nicotine pads, the requirements laid down in the contested provisions concerning their composition must be regarded as a means of reducing the attractiveness of those products to the public, in particular to children and young people. This reduces the potential risks of developing nicotine dependence, the future strain on the public health system and the corresponding disease risks for future generations. The contested provisions ensure a fair balance between the restriction of the right to property of economic operators and the protection of public health. The legitimate interests of individual economic operators cannot be placed above the interests of society as a whole. The Court also concluded that economic operators distributing tobacco substitute products in Latvia and economic operators distributing other nicotine-containing products in Latvia are not comparable in terms of the principle of legal equality. Similarly, distributors of tobacco substitute products are not comparable to distributors of nicotine-containing medicines listed in the Medicinal Product Register of Latvia.

On 24 October 2025, the Constitutional Court decided to terminate the proceedings in case No 2025-08-01. The case challenged the compatibility of provisions that prohibit appealing a decision to terminate administrative offence proceedings due to the minor nature of the offence, with the first sentence of Article 92 of the Constitution. The case was initiated following a constitutional complaint. It states that the applicant was subject to administrative offence proceedings; however, the institution terminated the proceedings on the grounds that the infringement was minor and reprimanded the applicant. The applicant considers that this decision is unjustified and wishes to have its legality reviewed by a court in order to avoid possible adverse consequences in other legal proceedings, to protect their reputation and to obtain compensation for the damage from the State. The Constitutional Court recognised that a reprimand did not constitute a punishment; therefore, the decision to terminate the administrative offence proceedings on the grounds of the minor nature of the offence did not have legal consequences. Consequently, the contested norm does not affect the applicant’s rights, whose protection is provided for in the first sentence of Article 92 of the Constitution.

In October, the Constitutional Court opened three cases:

In written procedure – Case No 2025-08-01 on the right to appeal against the decision terminating the administrative offence proceedings due to the insignificance of the offence, and Case No 2024-26-03 on the legality of amendments to the Jūrmala State City Spatial Plan;
An open court hearing with the participation of the parties to the case – Case No 2024-21-0103 on the fee for the lawful use of land and the procedure for the cadastral valuation of land in lawful use. Any person may follow the court hearing on the YouTubeaccount of the Constitutional Court.

The Constitutional Court had nine cases in the preparation stage, and the preparation of two cases for consideration was completed. In addition to the two cases whose procedure and date for hearing had been determined in advance, the Constitutional Court determined the procedure and date for hearing of three additional cases.

In October, 17 applications were submitted to the Constitutional Court. 16 applications were made by private individuals, and one application was made by a court considering an administrative case.

The Constitutional Court initiated two cases:

Case No 2025-35-03 concerning the provision that regulated the calculation of the difference in water consumption;
Case No 2025-36-01 concerning a provision that did not provide for criteria and procedures for the recognition of a religious organisation by a special law.

Furthermore, 24 decisions were adopted on refusal to initiate a case following these applications:

Application No 161/2025 concerning a provision of the Cabinet Regulation No 523 of 26 August 2025 “Rules of Internal Procedure of a Penitentiary Institution”, which requires convicted persons to attach an identification badge to their clothing. Decision on the application.
Application No 162/2025 concerning the provision of the Civil Law which stipulates that one of the preconditions for the validity of a transaction is the signature of a person. Decision on the application.
Application No 163/2025 on a provision of the Law on Administrative Liability that establishes newly discovered circumstances. Decision on the application.
Application No 164/2025 concerning a provision of the Cabinet Regulation No 295 of 30 May 2017 “Regulations on the State Technical Inspection and Technical Roadside Control of Vehicles” regulating a one-day permission to participate in road traffic. Decision on the application.
Application No 165/2025 on a provision of the Asylum Law whereunder a ruling of the Administrative District Court regarding a decision adopted in the framework of the asylum procedure is not subject to appeal. Decision on the application.
Application No 166/2025 concerning a provision of the Law on Administrative Liability that regulated the notification of the judgment. Decision on the application.
Application No 167/2025 on the provision of the Law on Notification that determines when a document is notified to the official electronic address. Decision on the application.
Application No 168/2025 on a provision of the Criminal Procedure Law regulating the procedure for deciding whether to transfer a criminal case to another court. Decision on the application.
Application No 169/2025 on a provision of the Criminal Procedure Law that determines the reliability of information about facts to be used as evidence. Decision on the application.
Application No 170/2025 concerning the regulation of Cabinet Regulation No 397 of 25 June 2025 “Minimum Requirements for Cybersecurity”, which prevents the owner of information and communication technologies critical infrastructure from concluding procurement contracts if the equipment manufacturer is a legal entity registered in China. Decision on the application.
Application No 171/2025 regarding the norm of Cabinet Regulation No 309 of 2 May 2012 “Regulations on Felling Trees Outside the Forest”, which determines the cases when a landowner has the right to fell trees outside the forest without a permit from the local government. Decision on the application.
Application No 172/2025 on the regulation of the Law on the Register of Natural Persons for the establishment of a personal identity number. Decision on the application.
Application No 173/2025 on the provision of the Cabinet Regulation No 451 of 26 June 2012 “Regulations on the Remuneration Fees for the Office of Sworn Bailiffs”, which determines the amount of remuneration of a sworn bailiff when enforcing a decision on the division of joint property. Decision on the application.
Application No 174/2025 concerning a provision of the Cabinet Regulation No 577 of 27 August 2024 “Procedures for Community Benefit Payments from Wind Power Plants for Local Community Development”, which regulates the amount of the payment to the local community. Decision on the application.
Application No 175/2025 regarding the right of the Senate provided under the Civil Procedure Law to refuse to initiate cassation proceedings where there is no clear evidence to deem that the outcome of the case included in the appealed judgment is incorrect and that the case to be examined has a significant meaning for ensuring a unified case-law or further formation of law. Decision on the application.
Application No 176/2025 on a provision of the Law on the Handling of Weapons, which establishes the cases when a weapon permit is suspended. Decision on the application.
Application No 177/2025 on the regulation of the Law on Compensation for Damage Caused in Criminal Proceedings and Administrative Offence Proceedings, insofar as it does not provide for the right to compensation for damage caused by the unjustified seizure of property in criminal proceedings for a person who does not have the right to a defence, and the seizure of their property has been lifted. Decision on the application.
Application No 178/2025 on the provision of the Administrative Procedure Law, which provides that court decisions adopted in the framework of the enforcing of an administrative act or a court decision are not subject to appeal. Decision on the application.
Application No 179/2025 on the provision of the Law on Taxes and Fees whereunder a general practitioner and a medical institution are obliged to provide the patient with the possibility to pay for services in non-cash form. Decision on the application.
Application No 180/2025 concerning the provision of Cabinet Regulation No 103 of 2 February 2010 “Procedures for the Acquisition and Renewal of the Right to Drive Vehicles and Procedures for the Issuance, Exchange, Renewal and Destruction of a Driving Licence”, which specifies the period of validity of a driving licence, after which it must be replaced upon passing the theory and driving test corresponding to category B. Decision on the application.
Application No 181/2025 regarding the provisions of Cabinet Regulation No 943 of 18 December 2012, “Procedures for the Certification of Medical Practitioners”, prescribing the procedures for the cancellation of the certificate of a medical practitioner. Decision on the application.
Application No 182/2025 on the provisions of the Cabinet Regulation No 134 of 21 February 2012 “Regulations Regarding Personal Identification Documents” regarding the translation of the term “non-citizen”. Decision on the application.

Application No 183/2025 concerning the provisions of Cabinet Regulation No 523 of 26 August 2025 “Rules of Internal Procedure of a Penitentiary Institution” regulating the purchase, receipt, storage and use of video game equipment. Decision on the application.
Application No 186/2025 regarding the action of the local government of Rēzekne Municipality, which prevented a person from using their property and carrying out economic activity there. Decision on the application.

Information has been prepared for the purpose of raising awareness about the work of the Constitutional Court. This information does not constitute part of a court ruling and therefore is not binding upon the Constitutional Court.