Fourth Tripartite Meeting of the Constitutional Courts of the Baltic States concludes in Riga
On February 29, the fourth trilateral cooperation meeting was held with the participation of judges of the Constitutional Court of Latvia, the Constitutional Court of Lithuania and the Supreme Court of Estonia. In the working sessions, the judges made presentations on procedural guarantees arising from the right to a fair trial, constitutional protection of the national language, as well as current case law.
In his opening address, President of the Constitutional Court of Latvia Aldis Laviņš stressed the importance of multilateral cooperation of constitutional courts in protecting the rule of law both regionally and globally. “Until recently, the concerns expressed by the Baltic States about the geopolitical situation in the region and threats to the global legal order were considered exaggerated by the international community. But now that the security situation in Europe has changed, our consistent and principled position on various issues commands international respect and attention, and we stand ready to make a significant contribution to the protection of the rule of law at European level. Our common historical heritage has taught us the importance of cooperation between the Baltic States. Its absence in the first half of the last century made our common values vulnerable, while common and concerted action at the turn of the century and today makes us stronger. The nations of the Baltic States share a strong sense of regional unity, based on a sense of national identity and a yearning for freedom and the rule of law. Therefore, our regional cooperation is based not only on common interests, but also on deep-rooted values,” said Mr Aldis Laviņš.
In the opening of the tripartite meeting, Villu Kõve, President of the Supreme Court of Estonia and Head of the Lithuanian Constitutional Court delegation, Judge Daiva Petrylaitė, emphasised that the tripartite meetings are a very valuable platform for cooperation, providing an excellent opportunity to develop cooperation between the constitutional courts of the Baltic States and to strengthen valuable ties of exchange between judges.
In the first panel session, the judges discussed the procedural guarantees arising from the right to a fair trial. In his presentation, President of the Constitutional Court of Latvia Aldis Laviņš provided an insight into a number of decisions in which the Constitutional Court has specified procedural guarantees for ensuring the right to a fair trial in civil proceedings. In his address, he stressed that the extent to which a court’s decision is motivated depends on a number of interrelated factors, including the nature of the legal relationship at issue and the legal basis on which the decision was taken. As regards guarantees of the impartiality of the court, the judge said: “Taking into account the nature of a particular stage of the proceedings, the legislator is entitled to provide for means to ensure the impartiality of the court. It is not obliged to provide for a mandatory rejection at every stage of the proceedings.” Ms Saale Laos, Justice of the Supreme Court of Estonia, analysed the competence of the Supreme Court to review the constitutionality of legal norms. She stressed that in procedural law, a constitutional interpretation of a provision can remedy a deficiency in the law. Judges also analysed the specific features of the “advocates’ process” in certain categories of cases. Judge Daiva Petrylaitė of the Constitutional Court of Lithuania gave an overview of the Court’s case law on cases that have clarified procedural guarantees of the right to a fair trial in civil and administrative proceedings. She stressed that the court’s obligation to give reasons for its decisions is aimed at ensuring that both the parties and society at large understand how the court reached its decision. The judge also gave an overview of the case-law on the right of access to a court in relation to the requirement that appeals and cassation appeals be signed and lodged by an attorney-at-law.
In the second panel session, the participants analysed the issue of constitutional protection of the national language. Judge Nele Siitam of the Estonian Supreme Court emphasised that the official language is a constitutional value and gave an overview of the court’s case law on the requirement for members of parliament to use the official language. Finally, the judge analysed the Estonian legal framework on the use of the official language in the field of education, as well as the obligation under procedural law to submit documents in the official language. She stressed that such a requirement should not deny a person the right of access to justice. Judge Anita Rodiņa of the Constitutional Court of Latvia noted that there was a wide range of case law of the Constitutional Court on various issues related to the protection of the official language. The Court’s conclusions in these cases have been influenced, inter alia, by Latvia’s historical experience and the current geopolitical context. The judge outlined the conclusions of the Constitutional Court in its recent judgement on permanent residence permits for citizens of the Russian Federation. She concluded her speech with an insight by the Latvian writer and poet Jānis Klīdzējs: “Language is a nation. Language is poetry. Language is history. Language is a science. Language is a human.” At the end of the panel session, Judge Vytautas Mizaras of the Constitutional Court of Lithuania stressed that although the official language is a constitutional value, in case of restriction of a fundamental right, the court must find a fair balance between this and other constitutional values. He then gave an overview of the Lithuanian Constitutional Court’s case law on the spelling of personal names in official documents.
In the third panel session of the tripartite meeting, the judges discussed current case law. Judge Algis Norkūnas gave a presentation on the current rulings of the Constitutional Court of Lithuania, Vice-President of the Constitutional Court of Latvia Irēna Kucina informed about the case law of the Constitutional Court in the last year, and the President of the Supreme Court of Estonia Villu Kõve presented the current developments of the Supreme Court.
The first tripartite meeting of the Constitutional Courts of the Baltic States took place in Riga in 2019. This year, the judges of the constitutional courts of the Baltic States met for the fourth time. It is an essential part of the international cooperation of the Constitutional Court, the aim of which is to maintain an up-to-date discussion on issues of constitutional law at the national and European level, as well as to strengthen the judicial dialogue in the Baltic States.
