The Constitutional Court judge Artūrs Kučs speaks about a strong and independent judiciary at an international conference
On Monday, 30 November, the Constitutional Court judge Artūrs Kučs took part remotely in an international conference on the rule of law and the freedom of speech in Europe and on the impact of Covid-19 on these values. The conference was organised by the Ministry of Foreign Affairs of the Kingdom of the Netherlands (the Netherlands) and the Netherlands’ Embassy to the EU. In his report on the rule-of-law situation in Latvia, Artūrs Kučs emphasised the need to strengthen the independence of the judiciary.
“Threats to the independence of the judiciary can be of various kinds. We need to stay alert to ensure stable checks and balances between the constitutional bodies in the state. Independent judiciary is a prerequisite for the existence of the rule of law and democratic governance”, he stressed.
As an example of the Constitutional Court cases concerning the strengthening of judicial independence, Justice Kučs highlighted case No 2016-31-01 on the determination of judges’ remuneration. In it the Constitutional Court held that the provisions linking the judges’ monthly remuneration to the maximum salary of a highly qualified lawyer at a direct state administration body were incompatible with the Constitution.
The Court found that the linking of judges’ salaries to those of the lawyers working in the executive branch of the government violated the principle of the independence of the judiciary. Furthermore, this regulation had been adopted without taking into account the differences in the status, functions and responsibility of a judge and an employee of a direct administration body. The principle of the judiciary’s independence presupposes that remuneration is determined fairly for judges of all levels, so as to bolster their financial security.
As concerns the challenges in implementing the rule of law, Artūrs Kučs pointed out the need to strengthen the capacity of law enforcement agencies and to promote the public’s confidence in the legislator and the executive branch, as a high level of public distrust of the government, combined with the spreading of misinformation, poses a threat to the foundations of democracy.
The conference brought together representatives of 22 states. The discussion was chaired by the Ambassador of the Kingdom of the Netherlands to Latvia Govert Jan Cornelis Bijl de Vroe.