Address by the President of the Constitutional Court Aldis Laviņš at the opening of the International Conference of the Supreme Court “The Role of Supreme Courts in Strengthening the Values of Constitutions”
Aldis Laviņš
President of the Constitutional Court
Address at the opening of the International Conference of the Supreme Court “The Role of Supreme Courts in Strengthening the Values of Constitutions”
9 September 2022
Dear colleagues, judges and conference participants!
On behalf of the entire family of the Constitutional Court, I am honoured to welcome the participants of the international conference “The Role of Supreme Courts in Strengthening the Values of Constitutions”! With this theme, we are jointly honouring our country’s founding law on its 100th anniversary.
Respect for and protection of fundamental rights enshrined in constitutions is a cornerstone of a democratic state governed by the rule of law. Constitutional review in Latvia is exercised by the Constitutional Court, whose main objective is to protect the values enshrined in the Constitution. At the same time, I would like to emphasise that the Constitutional Court is by no means the only institution which is safeguarding the values of the Constitution! The main goal of every judicial authority is to protect the rights and legal interests of every Latvian citizen!
It is the judicial system, with the Supreme Court at its head, which is the most effective mechanism for ensuring a balance between individual rights and the public interest, on a case-by-case basis. Courts must, on their own initiative, examine the constitutionality of the applicable legal provisions, provide observations on the proportionality of the restriction on fundamental rights, in other words, courts must find a just solution in each case that complies with the Constitution. If we, as Judges, can ensure this, it means that we are able to fulfil the tasks entrusted to us by the Latvian people. Thus, when resolving individual disputes, the protection of fundamental rights is ensured by the judicial system with the Senate at the forefront, while when assessing the compliance of laws and regulations with fundamental law, the protection of fundamental rights is exercised by the Constitutional Court.
Indeed, our institutions each have their own exclusive competence in applying the Constitution. However, the goal of effectively ensuring the protection of fundamental rights within the Latvian legal system is most easily achieved when we work in a mutually supportive and complementary spirit. I highly appreciate the dialogue and cooperation established between our institutions, which should be maintained and developed in the future, as they bring significant benefits to the Latvian society!
This cooperation takes many forms. One of them is the right given by law to the court to submit an application to the Constitutional Court. The Senate has exercised this right in almost half a hundred cases! Each of the Senate’s applications has enriched and developed the range of the Constitutional Court’s jurisprudence and the methodology used. Our ruling in a case heard by the Supreme Court is followed each time by a ruling of the Senate, which finds a solution that is consistent with the Constitution.
The role of the courts is not limited to hearing cases within their jurisdiction. The main instrument of governance in a modern democratic state governed by the rule of law is law. Today, therefore, the development of the state and society is not only carried out by the legislature and the government, but also by the courts in the application of law. The decisions of both the Constitutional Court and the Supreme Court are of fundamental importance and contain the most valuable legal knowledge that develops the legal system and thus shapes the future of the Latvian state and Europe!
Dear participants of the conference!
I also have to mention that the judiciary has been operating under various crises for a long time. There is no doubt that speed in decision-making is of the essence in a crisis, often taking the precautionary approach and not waiting until real damage has already been done. In such changing and unpredictable circumstances, it is difficult not only for the legislator and the government to work, but also for the courts, which are seriously tested not to be afraid to make decisions that are difficult or unpopular in substance. The values enshrined in the Constitution – the rule of law, individual freedoms, equality and human dignity – are our guiding fire, helping us to navigate and find a just solution, even in such difficult circumstances. Let us remember that the Constitution, as an ageless and dynamic constitution, inspires us to think not only about today, but also about the future, calling us to act in a way that promotes the sustainability of both the Latvian state and the whole world, especially in its centenary year. By strengthening the values enshrined in the Constitution, the Supreme Court participates in the development of Latvia and the creation of its future, both on its own and in cooperation with the Constitutional Court.
I wish all participants and audience of the conference to gain valuable insights and appreciate the wonderful opportunity to talk and discuss in person!