Current developments in judicial proceedings in September 2025

10.10.2025.

On 22 September 2025, the Constitutional Court adopted a judgement in Case No 2024-28-01. The Court held that the provision which prevented a person convicted of an intentional criminal offence, regardless of whether the criminal record has been expunged or extinguished, from being in the State Fire and Rescue Service was incompatible with the first part of Article 101 and the first sentence of Article 106 of the Constitution. The case was initiated at the request of the Senate, which is considering an administrative case regarding the dismissal of a person from service. The Senate held that the contested provision disproportionately restricted the right of a person to perform public service and to choose an occupation and workplace freely. The Constitutional Court concluded that a conviction for committing an intentional criminal offence, even if the criminal record has been expunged or extinguished, may raise doubts about a person’s suitability for holding a position and exercising the relevant powers. However, it does not follow from the nature and scope of the tasks and powers of the State Fire and Rescue Service that a person’s conviction for an intentional criminal offence is in any way incompatible with the performance of the tasks of that service. There may be various circumstances which, taken together, make it reasonable to conclude that a person’s past criminal conduct will not undermine the public’s impartial confidence in the service. This may include the degree of harm caused by the offence, the person’s behaviour and actions after the offence was committed, the time that has elapsed since the offence was committed and other circumstances. These circumstances could be taken into account, for example, in an individual assessment. Such an assessment may be one of the means by which a person’s fundamental rights are less restricted.

In September, the Constitutional Court opened two cases in written procedure:

Case No 2024-28-01 concerning a provision which prohibits a person convicted of an intentional criminal offence from being in the State Fire and Rescue Service, regardless of whether the criminal record has been expunged or extinguished;
Case No 2024-16-01 on a prohibition to place liquids for electronic smoking devices and tobacco substitute products containing flavourings on the market.

On 25 September 2025, the Constitutional Court decided to consolidate the cases on the legal land use fee and the procedure of cadastral valuation of land in legal use into one case No 2024-21-0103 and to examine it at a hearing with the participation of the parties on 15 October 2025 at 10.00.

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 September, 23 applications were submitted to the Constitutional Court. 21 applications were made by private individuals, and two were made by a court hearing civil cases.

The Constitutional Court initiated two cases:

Case No 2025-33-01 on the prohibition of a previously convicted person from carrying out the professional activity of a psychologist, following an application by the Administrative District Court;
Case No 2025-34-03 on restrictions on the organisation of gambling in the administrative territory of the Daugavpils State City Municipality, following a constitutional complaint by an individual.

Furthermore, 9 decisions were adopted on refusal to initiate a case following the applications:

Application No 147/2025 concerning the provisions of the National Defence Service Law, insofar as they do not provide for alternative service which is not subject to military control and is not punitive. Decision on the application.
Application No 149/2025 concerning a provision of the Civil Law which provides for cases where the right of action on the basis of a transaction is dependent on its written form, but no written deed has been prepared, and a provision of the Commercial Law which regulates the form of a transaction for the alienation of a share held by a shareholder of a commercial company. Decision on the application.
Application No 150/2025 on the regulation under the Criminal Law whereunder a person who has driven a vehicle under the influence of alcohol, drugs or other intoxicating substances or refused to undergo a test for the influence of such substances or who has left the site of a traffic accident, has the vehicle confiscated. Decision on the application.

Application No 151/2025 regarding the provision 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 152/2025 regarding the regulation of the Cabinet Regulation No 240 of 30 April 2013 “General Regulations for the Planning, Use and Building of the Territory”, which determines the distance from the boundary of the planned wind power plant and wind farm to residential and public buildings. Decision on the application.
Application No 153/2025 on the provision of the Civil Procedure Law whereunder a person has the right to have their infringed or contested civil rights or interests protected by law protected in court. Decision on the application.
Application No 154/2025 on the Law on the Election of Local Government Councils and the Instructions of the Central Election Commission. Decision on the application.
Application No 155/2025 concerning the provisions of Cabinet Regulation No 289 of 14 May 2024 “Regulations on the List of Measuring Instruments Subject to State Metrological Control”, which provide that water consumption meters installed in apartments are not subject to state metrological control. Decision on the application.
Application No 160/2025 concerning the regulation of the Cabinet Regulation No 523 of 26 August 2025 “Rules of Internal Procedure of a Penitentiary Institution”, which provides that a convicted person has the right to keep and use video game equipment attached to a television set which does not pose a risk of unauthorised communication. 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.