I. Ziemele shares experience regarding continuity of the Constitutional Court’s work during the period Covid-19 crisis
On Tuesday, 21 April, President of the Constitutional Court Prof. Ineta Ziemele spoke at the webinar of academic blog Strasbourg Observers about the continuity of the Constitutional Court’s work and challenges to the protection of the rule of law and fundamental rights during the state of emergency, which was proclaimed in Latvia on 12 March and was extended to 12 May to curb the spread of virus Covid-19.
Ineta Ziemele told that, following the announcement of the state of emergency, for the first time in the history of Latvia the President convened a joint sitting of all heads of the constitutional bodies of the state to discuss the basic principles of operation of the branches of the state power – the legislative, executive and judicial power – in the circumstances of the state of emergency proclaimed in the state. Within the framework of a democratic state order, the existence and sustainability of the State, society and each person must be protected in all circumstances, including the state of emergency. This joint sitting provided confirmation to society that also in an emergency situation the branches of power continue functioning, in compliance with their competence and functions, at the same time ensuring the management of emergency situation.
Ineta Ziemele drew attention to the fact that, in the situation of emergency, the Constitutional Court was taking precautionary measures to limit the spread of virus and prevent risks to the health of the Court’s staff and employees. She explained how the Constitutional Court had adjusted organisation of its work to ensure continuity of the Court’s work, by using the possibilities offered by technologies to work remotely, including the video conferencing regime. Ineta Ziemele underscored that, in these circumstances, it was important not to postpone hearing of cases, as it could lead to growing backlog of cases, which would pose a threat to the rule of law.
Ineta Ziemele mentioned, as one of the challenges in the emergency situation the court hearing, scheduled for 23 April, with the participation of the participants in the case, which will be organised in the videoconferencing regime for the first time in the Court’s history. It is important to ensure, in the course of the remote court proceedings, compliance with the precautionary measures for the protection of public health and, at the same time, the principle of the right to a fair trial.
Ineta Ziemele expressed her confidence in the ability of the judicial power also in these circumstances, working remotely, to ensure compliance with the basic principles of fair administration of justice. The adjustment of the Constitutional Court’s work to the emergency situation shows that the Court, also in these circumstances, continues protecting the basic values and fundamental human rights included in the Satversme of the Republic of Latvia. She also reminded of an important aspect – the need to continue informing actively society about the work of courts.
At the conclusion of the webinar, Ineta Ziemele presented the idea that, within the European legal space, which is based on certain common values, discussion between the European constitutional and supreme courts was needed as part of the judicial dialogue. During the time of Covid-19 crisis, it is important to share experience regarding issues that affect the work of courts and are linked to the protection of fundamental rights in these circumstances.
Other panellists of the webinar were Dr. Veronika Bilkova (Charles University in Prague, the Council of Europe Commission for Democracy through Law (Venice Commission)), Prof. Philip Leach (University of Middlesex), Robs Linhams (Deputy UK Permanent Representative to the Council of Europe), Jörg Polakiewicz (Director of Legal Advice and Public International Law, Legal Adviser of the Council of Europe). The webinar was chaired by Prof. Kanstantsin Dzehtsiarou (University of Liverpool) and Dr Stuart Wallace (University of Leeds).
Video recoding of the webinar (In English) is available here: