Restrictions regarding election campaigns comply with the Satversme
The Constitutional Court has adopted a decision in the case No. 2009-45-01 “On compliance of Section 33 of the Law “On Local Government Election Campaigns” with Article 100 of the Satversme (Constitution) of the Republic of Latvia”.
The applicant Jānis Juzins indicated that the norm provides for substantial restrictions regarding election campaigns on the local government election day, as well as one day prior to the elections (including distribution of any advertising information in radio, television, press and public places is prohibited). Article 100 of the Satversme provides: everyone has the right to freedom of expression, which includes the right to freely receive, keep and distribute information and to express his or her views. Censorship is prohibited.
The Constitutional Court has concluded that the objective of the contested norm is ensuring of free elections. Free elections imply two principal aspects: formation of free will of electorate and the possibility of the electors to freely express their will by voting. By means of the contested norm, the legislature provide electors the possibility to assess, on the election day and one day prior to it, the information distributed by political forces during their election campaigns and adopt a well-considered decision in favour of any of the forces. Similar restrictions are also established in other European States.
Consequently, the Constitutional Court recognized the norm as compliant with Article 100 of the Satversme.
The Judgment of the Constitutional Court is final and not subject to appeal. The Judgment shall come into force on the date of publishing it in the newspaper “Latvijas Vēstnesis”.
Linked case: 2009-45-01