|
Strasbourg, 22 January 2001
|
Restricted
CDL (2001) 4
Eng. only
|
EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW
(VENICE COMMISSION)
The Law on the
Constitutional Court
of the Republic of Latvia
passed at the Saeima
on September 11, 1997,
with the
amendments to take effect on January 1, 2001
Unofficial
translation
The
Saeima has adopted and the President promulgates the following law:
Constitutional Court Law
Chapter I
GENERAL PROVISIONS
Article 1.
The Constitutional Court
1)
The
Constitutional Court is an independent institution of judicial power, which
within the jurisdiction set forth in the Constitution of the Republic of Latvia
(hereinafter — the Constitution) and in this Law, shall review cases concerning
the compliance of laws and other legal norms with the Constitution, as well as
other cases placed under its jurisdiction by this Law.
2)
The
Constitutional Court shall hear cases pursuant to the Constitution and this Law
only.
3)
The
Constitutional Court shall be a juridical person.
Article 2.
Independence of the Constitutional Court
Direct
or indirect interference with the actions of the Constitutional Court in
relation to judging shall not be permissible.
Article 3.
Composition of the Constitutional Court
The
Constitutional Court shall have seven justices.
Article 4.
Confirmation of a justice of the Constitutional Court
(1)
Justices
of the Constitutional Court shall be confirmed by the Saeima. Three justices of
the Constitutional Court shall be confirmed upon the recommendation of not less
than ten members of the Saeima, two — upon the recommendation of the Cabinet of
Ministers, but two justices of the Constitutional Court — upon the
recommendation of the Plenum of the Supreme Court. The Plenum of the Supreme
Court may select candidates for the office of a justice of the Constitutional
Court only from among Republic of Latvia judges.
(2)
Any
citizen of Latvia who has a university level legal education and at least ten years’ working experience in a legal
profession or in a scientific or educational field in a judicial specialty in a
research or higher educational establishment, may be confirmed a justice of the
Constitutional Court. A person who may not be nominated for the office of a
justice under Article 55 of the Law “On Judicial Power“, must not be appointed as
a justice of the Constitutional Court.
(3)
The
application for the office of a justice of the Constitutional Court shall be
accompanied by the following documents signed by the nominee:
1)
the
consent to be nominated for the office of a justice of the Constitutional
Court;
2)
the
statement that the restrictions under Article 55 of the Law “On Judicial Power“
do not apply to the nominee.
(4)
Lists
of nominees for the office of justices of the Constitutional Court shall be
published in the newspaper “Latvijas Vēstnesis“ not later than five days
after their submission to the Saeima Presidium, indicating:
1)
the
submitter of the nominees;
2)
the
following information concerning each nominee for the office of a justice of
the Constitutional Court;
a)
full
name;
b)
year
and place of birth;
c)
place
of residence (district or city);
d)
higher
educational establishments (year of graduation, specialty);
e)
former
places of employment and positions.
Article 5.
The oath of a justice of the Constitutional Court
(1)
After
confirmation by the Saeima, the justice of the Constitutional Court shall swear
before the President of State the oath prescribed in the Law “On Judicial
Power“.
(2)
A
justice of the Constitutional Court shall take up his/her duties of office
after swearing the oath.
(3)
In
the event a judge of another court, who has already sworn the oath, is
confirmed a justice of the Constitutional Court, he/she shall not swear the
oath again, and shall take up the duties of his/her office immediately after
confirmation.
Article 6.
The Robe and Badge of Office of a justice of the Constitutional
Court
A
justice of the Constitutional Court shall perform his/her duties of office at
Court sessions wearing the Robe and Badge of Office.
Article 7.
Term of office of a justice of the Constitutional Court
(1)
The term of office of a justice of the Constitutional Court shall be ten
years as of the day when he/she took up his/her duties of office pursuant to
Article 5 of this Law.
(2)
A
justice of the Constitutional Court may not be removed from office during
his/her term except in cases provided for in Article 10 of this Law.
(3)
One
and the same person may not be a justice of the Constitutional Court for more
than 10 years concurrently with an
exception of cases provided for in the third and fourth Parts of Article 11 of
this Law.
(4)
If
a person, who pursuant to the Law “On Judicial Power“ has been approved to the
office of a judge for an unlimited term, is confirmed a justice of the
Constitutional Court, he/she, after the expiry of the term of office of a
justice of the Constitutional Court, shall have the right to return to his/her
previous position, unless he/she has reached the age-limit allowed for a judge
to hold office.
Article 8.
Resignation or retirement of a justice of the Constitutional
Court before expiry of his/her term of office
(5)
A
justice of the Constitutional Court shall retire from the office of a justice
upon reaching the age of 70 with an
exception of cases provided for in the third and fourth Parts of Article 11 of
this Law.
(6)
A
justice of the Constitutional Court may resign from office before expiry of
his/her term at his/her own discretion, notifying the Constitutional Court in
writing.
Article 9.
Suspension of the authority of a justice of the Constitutional
Court
(1)
If
the Constitutional Court has agreed
to criminal prosecution of a justice of the Constitutional Court, the authority
of this justice shall be suspended until the time the judgment in the relevant
case comes into legal effect or the relevant criminal case is dismissed.
(2)
If
a justice of the Constitutional Court is charged with disciplinary liability
because he/she has committed an act incompatible with the status of a justice,
the Constitutional Court may suspend the authority of this justice until
completion of the investigation, but not longer than for one month.
Article 10. Releasing
or discharging from office a justice of the Constitutional Court
(1)
A
justice of the Constitutional Court may be released from office by the decision
of the Constitutional Court if he/she is unable to continue working because of
reasons of health. To reach this decision, the absolute majority vote of the
entire total of the justices of the Constitutional Court is needed.
(2)
A
justice of the Constitutional Court is removed from office, if he/she is
convicted of a crime and the judgment has come into legal effect.
(3)
A
justice of the Constitutional Court may be released from office by the Constitutional Court decision, if he/she
is in breach of the requirements of Article 35 of this Law, has committed a
shameful act which is incompatible with the status of a judge, or regularly
fails to perform his/her duties of office and has been charged with
disciplinary liability in this regard. To
reach this decision, the absolute majority vote of the entire total of the
justices of the Constitutional Court is needed.
Article 11. Procedure
for confirming a new justice of the Constitutional Court if the authority of
office of a previous justice has terminated
(1)
Upon
termination of authority of office of a justice of the Constitutional Court,
the Saeima shall confirm another justice upon recommendation of the
institution, which recommended the confirmation of the justice whose authority
of office, has terminated.
(2)
The
Constitutional Court in writing informs the institution, which recommended the
confirmation of the justice, whose authority of office has terminated, about
termination of authority of office. In case when the justice has been confirmed
on the recommendation of not less than ten Saeima members, the Saeima is
informed about the fact. The Constitutional Court announces about the
termination of authority of office of a justice or his/her reaching the age
established in the first Part of Article 8 at least three months earlier.
(3)
If
upon termination of authority of office of a Constitutional Court justice- or
upon his/her reaching the age established in the first Part of Article 8 of
this Law- the Saeima has not confirmed another justice, the authority of the
Constitutional Court justice shall be regarded as prolonged to the moment of
confirmation by the Saeima of a new justice and he/she has sworn the oath.
(4)
The
Constitutional Court justice, whose authority has terminated or who has reached
the age established in the first Part of Article 8, continues carrying out the
duties of the Constitutional Court justice in reviewing the cases, proceedings
of which have been commenced in his presence.
Article 12. Chairperson
of the Constitutional Court and his/her Deputy
The
Chairperson of the Constitutional Court and his/her Deputy shall be elected for
a period of three years from among the members of the Constitutional Court by
an absolute majority vote of the entire total of the justices. The voting shall
be by secret ballot.
Article 13. Obligations
and rights of the Chairperson of the Constitutional Court and his/her Deputy.
(1)
The
Chairperson of the Constitutional Court shall preside at the sessions of the
Constitutional Court, organize the work of the Court and represent the
Constitutional Court.
(2)
The
Deputy Chairperson of the Constitutional Court shall assist the Chairperson of
the Constitutional Court in performing the duties of the Chairperson indicated
in Part 1 of this Article and shall substitute for the Chairperson of the
Constitutional Court in his/her absence.
(3)
The
Chairperson of the Constitutional Court may delegate some of his/her duties to
a justice.
(4)
The
Chairperson of the Constitutional Court and his/her Deputy may give orders to
justices of the Constitutional Court in matters of performing organizational
duties of office only.
Article 14. Rules
of the Constitutional Court
The
structure and work procedures of the Constitutional Court shall be set out in
the Rules of the Constitutional Court, which shall be adopted by an absolute
majority vote of the entire total of the justices.
Article 15. The
seal of the Constitutional Court
(1)
The
Constitutional Court shall have a seal bearing the large coat–of–arms of the
Republic of Latvia and the name of the Court.
Chapter II
AUTHORITY OF THE CONSTITUTIONAL COURT
Article 16. Cases
to be reviewed by the Constitutional Court
The
Constitutional Court shall review cases regarding:
1)
compliance
of laws with the Constitution;
2)
compliance
with the Constitution of international agree-ments signed or entered into by
Latvia ( even before the Saeima has confirmed the agreement
);
3)
compliance
of other normative acts or their parts with the legal norms (acts) of higher
legal force;
4)
compliance
of other acts (with an exception of administrative acts) by the Saeima, the
Cabinet of Ministers, the President, the Chairperson of the Saeima and the
Prime Minister with the law;
5)
compliance
of Regulations by which the minister, authorized by the Cabinet of Ministers,
has rescinded binding regulations issued by the Dome (Council) of a
municipality with the law;
6)
compliance
of the national legal norms of Latvia with the international agreements entered
into by Latvia, which are not contrary to the Constitution.
Article 17. The
right to submit an application
(1)
The
following shall have the right to submit an application to initiate a case
regarding compliance of laws and international agreements signed or entered
into by Latvia –even before the Saeima has confirmed the agreement- with the
Constitution, compliance of other normative acts or their parts with the legal
norms (acts) of higher legal force (Clauses 1-3 of Article 16), as well as
compliance of national legal norms of Latvia with the international agreements
entered into by Latvia, which are not contrary to the Constitution (Clause 6 of
Article 16):
1)
the
President;
2)
the
Saeima;
3)
not
less than twenty members of the Saeima;
4)
the
Cabinet of Ministers;
5)
the
Prosecutor General;
6)
the
Council of the State Control;
7)
the
Dome (Council) of a municipality;
8)
the
State Human Rights Bureau;
9)
a
court, when reviewing an administrative, civil or criminal case;
10)
a
judge of the Land Registry when entering real estate- or thus confirming
property rights on it- in the Land Book;
11)
a
person whose fundamental rights established by the Constitution have been
violated.
(2)
The
following shall have the right to submit an application to initiate a case
regarding compliance of other acts (with an exception of administrative acts)
of the Saeima, the President, the
Chairperson of the Saeima and the Prime Minister with the Constitution and
other laws (Clause 4 of Article 16):
1)
the
President of State;
2)
the
Saeima;
3)
not
less than twenty members of the Saeima;
4)
the
Cabinet of Ministers;
(3)
The
right to submit an application to initiate a case regarding compliance with the
law of an order by which a minister, duly authorized by the Cabinet of
Ministers, has rescinded the binding regulations, issued by the Dome(Council)
of a municipality (Clause 8 of Article 16) shall belong to the relevant Dome
(Council).
Chapter III
PROCEEDINGS
Article 18. Submission
of application
(1)
An
application to the Constitutional Court to initiate a case (hereinafter — the
application) shall be made in writing. The application must indicate:
1)
the
applicant’s name;
2)
the
institution or official who issued the disputable act;
3)
an
account of the true circumstances of the case;
4)
the
legal justification of the application;
5)
the
claim presented to the Constitutional Court.
(2)
Disputing
several acts in one application shall be permissible only if:
1)
a
normative act or a part thereof and legal norms of lesser legal force issued
pursuant to same are disputed;
2)
the
acts issued by an institution (official) are disputed because the establishment
of the institution, or election, confirmation or appointment of the official
did not take place as prescribed by law, or the institution or official has
violated the law in a manner which renders the said acts invalid.
(3)
The
application shall be signed by the applicant. If the application is submitted
by an institution, it shall be signed by the head of it. If the application is
submitted by not less than twenty members of the Saeima, it shall be signed by
each of these members.
(4)
The
application must be accompanied:
1)
if
the application is submitted by an institution — by a decision of the
institution;
2)
by
explanations and documents necessary to determine circumstances of the case.
Article 19. An
application by the Dome (Council) of a municipality
(1)
The application by the Dome (Council) of a municipality pursuant to
Paragraph 7 , the first Part of Article 17 of this Law shall be submitted only
if the disputable act violates the rights of the relevant Dome (Council);
(2)
The
application by the Dome (Council) of a municipality pursuant to Part 3 of Article 17 of this Law shall
be accepted as provided for in Article 49 of the Law ”On Municipalities”.
Article
19.1 Application by a court and
a judge of the Land Registry
(1)
The application shall be submitted if:
1)
a court of general jurisdiction- when reviewing a civil, criminal or
administrative case in the first instance, under the procedure of cassation or
appeal- holds that the norm to be applied to the case does not comply with the
legal norm (act) of higher force;
2)
a judge of the Land Registry, when entering the real estate or
confirming the right to the property in the Land Book, is of the opinion that
the norm to be applied does not comply with the legal norm (act) of higher
force;
(2)
The application shall be expressed in the form of a motivated decision.
The decision is adopted and signed by the court, which is reviewing the respective
civil, criminal or administrative case or by the judge of the Land Registry,
entering real estate or confirming the right to it in the Land Book.
(3)
Documents, substantiating the decision of the court or the judge of the
Land Registry shall be attached to it. If necessary, the respective civil,
criminal or administrative case is attached to the decision as well.
(4)
Contesting of several acts in the decision of the court or the judge of
the Land Registry is admissible if during the review of a civil, criminal or
administrative case or a request to confirm property rights it is necessary to
apply all the acts
Article 19.2 Constitutional Claim (application)
(1)
Any person, who holds that his/her fundamental rights, established by
the Constitution, have been violated by applying a normative act, which is not
in compliance with the legal norm of higher legal force, may submit a claim (an
application) to the Constitutional Court.
(2)
The constitutional claim shall be submitted only after exhausting the
ordinary legal remedies (a claim to a higher institution or official, a claim
or application to a court of general jurisdiction etc.) or if there are no
other means;
(3)
If the review of the constitutional claim is of general importance or
if legal protection of the rights with general legal means cannot avert
material injury to the applicant of the claim, the Constitutional Court may
reach a decision to review the claim (application) before all the other legal
means have been exhausted. Initiating a case at the Constitutional Court
means the civil, criminal or
administrative case shall not be reviewed at the court of general jurisdiction
to the time of announcement of a Constitutional Court Judgment;
(4)
A constitutional claim may be submitted to the Constitutional Court
within six months from the date of the decision of the last institution
becoming effective;
(5)
Submitting of the constitutional claim does not suspend the execution
of the court decision, with an exception of cases when the Constitutional Court
has ruled otherwise;
(6)
in addition to contents of the constitutional claim (application),
mentioned in the first Part of Article 18 of this Law, it shall substantiate
that:
1)
the fundamental constitutional rights of the applicant have been
violated;
2)
all the other legal means of protection have been exhausted or there
are no other means;
(7)
One shall supplement the constitutional claim (application) with:
1)
explanations and documents necessary to size up the conditions of the
case;
2)
documents, confirming the fact that all the other legal means of
protection, if there exist such means, have been exhausted.
Article 20. Initiating
a case or refusal to initiate a case
(1)
The Panel, consisting of three justices, examines the application and
takes the decision to initiate a case or refuse to initiate it.
(2)
The Panel is elected for a year by an absolute majority vote of the
entire total of the justices. The Panel with the Chairperson or the Deputy
Chairperson of the Constitutional Court in its body is presided by the
Chairperson or the Deputy Chairperson. If there are neither the Chairperson nor
the Deputy Chairperson of the
Constitutional Court in the body of the Panel, it is presided by a Chairperson of the Panel, elected from among its
members.
(3)
Rules of Procedure of the Constitutional Court determine the procedure
of appointing the Panels to review a case, of recording the session, the
procedure of substituting a judge who is unable to attend the session of the
Panel because of health or other justified reasons as well as other issues,
connected with organisational
activities of the Panel;
(4)
The Panel reviews cases in closed sessions, with only the members of
the Panel taking part. If it is necessary the members of the Panel may invite
the applicant, the employees of the Constitutional Court or other persons to
attend the session.
(5)
When reviewing the applications the Panel experiences the right of
refusing to initiate a case, if:
1)
the case is not within the jurisdiction of the Constitutional Court;
2)
the applicant is not entitled to submit the application;
3)
the application does not comply with the requirements of Articles 18 or
19-19.2 of this Law;
4)
an application on an already reviewed claim has been submitted.
(6)
When reviewing the constitutional claim, the Panel may refuse to
initiate a case if the legal justification of the claim is evidently
insufficient to satisfy the appeal;
(7)
The Panel adopts the decision to initiate the case or to refuse
initiating it within a month of receiving the submitted application. In
complicated cases the Constitutional Court may adopt the decision to extend
this term to two months.
(8)
The decision of the Panel on initiating a case or refusing to initiate
a case is allowing of no appeal.
(9)
If a decision to initiate a case has been adopted, then within three
days of adopting the decision:
1)
a copy of the decision shall be forwarded to the participants in the
case;
2)
a copy of the application shall be forwarded to the institution or
official, who issued the disputable act;
3)
the institution or official, who issued the disputable act, is
requested to submit a written reply, describing the true circumstances and
legal justification of the case by the date set by the judge of the
Constitutional Court;
4)
information on initiating the case, naming the Panel, which has
initiated the case, the applicant and
the subject of the case is forwarded for publication in the newspaper ”Latvijas
Vēstnesis”.
(10)
If a decision to refuse to initiate a case is adopted, the copy of the
decision shall be forwarded to the applicant
within three days of its adoption, but in cases when the application has
been submitted by not less than twenty Saeima deputies- to their authorised
representative.
Article 21.
has been deleted by the Saeima when adopting Amendments to the
Constitutional Court Law on November 30,2000.
Article 22. Preparing
a case for review
(1)
After
the case is initiated, the Chairperson of the Constitutional Court shall ask
one of the justices to prepare it for review.
(2)
In
preparing the case, if necessary, the justice shall:
1)
request
additional explanations and documents from the applicant, the institution or
official, who issued the disputable act, or
any state or municipal institution, office or official;
2)
take a decision on persons to be invited and request them to express
their viewpoint ;
3)
take a decision on the necessity of investigation by experts.
(3)
If the judge has taken a decision on it, any person, hearing whose
viewpoint can advance objective and versatile review of the case, may be
regarded as an invited person.
(4)
The viewpoint of the invited person, conclusion of the expert,
requested explanations and other documents shall be submitted on the date
determined by the justice.
(5)
The justice takes a decision on requests, expressed by the participants
in the case. If the justice partially or completely rejects the request, he/she
takes a decision on it. The copy of the decision is forwarded to the
participant who has expressed the request. The decision on partial or complete
rejection of the request is final and may not be appealed.
(6)
To encourage objective, versatile and quick process of review, two or
more cases may be combined into one case, as well as one case may be divided
into two or more cases.
(7)
The
case shall be prepared within not more than three months. In especially
complicated cases the Constitutional Court in
the body of three justices at the organisational session may adopt a
decision to extend this term but not more than by two months.
(8)
The justice completes the preparation of the case by a decision. If
he/she holds that the case may be reviewed in a written process, he/she
includes the viewpoint in the decision.
(9)
The
preparation of the case shall be completed by a decision of the Chairperson of
the Constitutional Court to forward the case for review, appointing the body of
the Court session and setting the time and place for the organisational
session.
(10)
At the organisational session the justices reach a decision on:
4)
establishing the Court proceedings in writing, if the justice, who has
prepared the case for review, expresses a motion on it;
5)
the time and place of the Court session;
6)
other issues connected with the review of the case at the Court
session.
(11)
The
Court session shall be set down not
earlier than 15 days and not later than three months after the adoption of
the decision on the time and place of the
Court session.
(12)
If the case is reviewed at the Court session with the participants in
the case taking part, then not later than 15 days before the session:
1)
participants
in the case shall be notified of the time and place of the session;
2)
notice
of the time and place of the session shall be forwarded for publication in the
newspaper ”Latvijas Vēstnesis”.
(13)
If the decision on the Court proceedings in writing has been adopted,
the participants in the case shall be notified about it.
Article 23. Representation
at the Constitutional Court
(1)
Participant
in the case – the applicant as well as the institution or official who issued
the disputable act– may perform procedural actions at the Constitutional Court
himself/herself or be represented by his/her respective representative.
(2)
If
the application is submitted by not less than twenty members of the Saeima,
they shall be considered one procedural person. They may perform procedural
actions by the agency of one authorised representative only. The first person,
which has signed the application, is considered to be the authorised representative,
if the members of the Saeima have not decided it otherwise. In cases when not less than twenty members
of the Saeima have submitted the application, it is not forbidden to perform
procedural actions even if the term of authority of one or several deputies has
expired.
(3)
If the conformity with the legal norm of higher legal force, adopted or
issued by an official or institution, which does not exist any more and which
has no legal successor is challenged, the institution or official, who is
authorised to declare the disputable act null and void or change it, shall be
regarded as the participant in the case.
(4)
Participants
in the case may employ the assistance of a sworn advocate. The sworn advocate
has all the rights of the participant in the case, with an exception of closing
of proceedings. The authorisation of the sworn advocate shall be confirmed by
an order (warrant). The participant in the case may entrust the sworn advocate
with responsibility of the authorised representative. This authorisation shall
be confirmed by a written warrant.
Article 24. Rights
of the participants in the case to examine case material
Following
adoption of the decision to forward the case for review, participants in the
case — the applicant and the institution or official who issued the disputable act— may examine the case material.
Article 25. Composition
of the Court
(1)
The
entire Constitutional Court shall review cases concerning:
1)
compliance
of laws with the Constitution;
2)
compliance of other acts (with
an exception of administrative acts) of the Saeima, the Cabinet of Ministers,
the President, the Chairperson of the Saeima and the Prime Minister with the
Law;
3)
compliance of the legal norms of national rights of Latvia with those
international agreements entered into by Latvia, which are not at variance with
the Constitution;
4)
compliance
of normative acts of the Cabinet of Ministers with the Constitution and other
laws;
5)
compliance
with the Constitution of international agreements signed or entered into by
Latvia (even if they are not yet
confirmed at the Saeima).
(2)
Matters
not mentioned in Paragraph 1 of this Article shall be reviewed by three
justices of the Constitutional Court if
the Constitutional Court has not ruled otherwise.
(3)
If
the entire Constitutional Court reviews a case, it shall include all the
justices of the Constitutional Court who are not excused from participating in
the Court session because of health or other justified reasons. In this case
there may not be less than five justices of the Constitutional Court. The
session shall be chaired by the Chairperson of the Constitutional Court or
his/her Deputy.
(4)
If
a case is reviewed by three justices of the Constitutional Court, in compliance with the Rules of Procedure of
the Constitutional Court, the participating justices are selected by the Chairperson
of the Constitutional Court. If among the
body of the Court session there is neither the Chairperson of the
Constitutional Court nor his/her Deputy, the three justices shall elect the
Chairperson of the session from their midst at the organisational session.
(5)
No
justice of the Constitutional Court shall get refusal to take part in the Court
session.
Article 26. The
procedure for reviewing cases
(1)
The
procedure for reviewing cases is provided for by this Law and the Rules of
Procedure of the Constitutional Court. Envisaging of procedural terms and
procedural sanctions- fines- shall be carried out in accordance with the rules
of the Civil Procedure. Other procedural issues, not regulated in the
Constitutional Court Law and the Rules of Procedure of the Constitutional
Court, shall be determined by the Constitutional Court.
(2)
The participants in the case (with an exception of the representatives
of legal persons), who do not know the language of the proceedings have the
right of employing the services of an interpreter. Expenses for the services of
an interpreter are covered by the participant himself/herself.
Article 27. Openness
of Constitutional Court sessions
(1)
Sessions
of the Constitutional Court shall be open except in cases when this is contrary
to the interests of protecting state secrets, commercial secrets as well as protecting the inviolability of the
private life of a person.
(2)
Persons, present at the Court session may make written notes and audio
records, not leaving their seats.
During the Court session video recording, photographing as well as audio
recording outside the places envisaged for public may be completed only with
the agreement of the Chairperson of the Court session and so as not to intrude
upon the Court process.
(3)
The
decision about reviewing the case at a closed session shall be adopted by the
Constitutional Court. At a closed session the case is reviewed by observing all
the provisions for proceedings. The Court decision shall be announced publicly
in all events.
Article 28. Sessions
of the Constitutional Court
(1)
Decisions during the Court session are taken by the majority of vote of
the body of the justices, reviewing the case, discussing the issues either in
the conference hall or the Court hall. If the decision is reached in the
conference hall, then only the justices shall be present. Viewpoints expressed
during voting shall not be made public. If the decision has been adopted in the
conference hall, the Chairperson of the Court session announces it after
returning to the Court hall.
(2)
The
session of the Constitutional Court is opened by the Chairperson of the Court
session. He/she shall announce the members of the Court, participants in the
case and other persons involved in the case and check their identity and
authorisation.
(3)
If a participant in the case or another person involved in it has not
appeared, the Chairperson of the Court session ascertains if the person has
been duly notified about the court session and whether the reasons of his/her
non-appearance are known.
(4)
If a participant, who has been duly notified about the Court session,
has not appeared, the Court shall take a decision on beginning or suspending
the review of the case. If an invited person, a witness, an expert or
interpreter has not appeared at the Court, the Chairperson of the Court session
discusses the possibility of reviewing the case without the presence of the
witness, expert or interpreter with the participants. After listening to the
viewpoint of the participants, the Court adopts a decision to start or to
suspend the review of the case.
(5)
The review of the case on its merit begins with the report of the
justice.
(6)
After the report, participants in the case describe the true
circumstances of the case and the legal justification. The applicant is given
the floor the first. The report of any participant in the case to express the
real circumstances of the case and its legal justification shall not last for
more than 30 minutes. The time limit may be prolonged on the request of the
participant in the case.
(7)
Afterwards,
if necessary, the floor is given to the invited persons, viewpoints of experts
are heard and witnesses are questioned.
(8)
Next
follow the Court debate and remarks.
(9)
The
session of the Constitutional Court ends with the information of the
Chairperson of the Court session about the time the Judgment will be announced.
(10)
The
process of the Constitutional Court session shall be recorded on audiotape, and
a stenographic report shall be prepared from it. The stenographic report shall
be attached to the Court record. The
Chairperson of the Court session and the secretary shall sign the Court record.
Article
28.1 Court proceedings in writing
(1)
In cases when the documents attached to the case suffice, it is
possible to hold Court proceedings in writing, without the participants in the
case attending the Court session. The decision to hold Court proceedings in
writing is adopted in compliance with the procedure determined in the tenth
Part of Article 22 of this Law.
(2)
Fifteen days after receiving the announcement on Court proceedings in
writing, the participants in the case have the right of examining the case
material and express their viewpoint on it in a written form.
(3)
Court proceedings in writing shall be held and the Judgment reached in
the conference chamber.
Article
28.2 Procedural sanctions
(1)
In cases determined by this Article, the Court may apply the following
sanctions:
1)
warning;
2)
expulsion from the Court hall;
3)
fine.
(2)
The Chairperson may express warning to a person who does not observe
the rules of behaviour and interferes with the process of review.
(3)
Making the person to leave the Court hall may be applied in cases, when
the person, who has been warned, is repeatedly called to order. Persons
present, who are not participants in the case or other persons involved in the
case are asked to leave the Court hall by the Chairperson of the Court session,
but participants in the case – by the Court. If a representative of the
participant in the case –an institution or official- has been turned out of the
Court hall, the institution or official he/she represents is notified about it.
(4)
The Court may impose fine in the following cases and in the sum of:
1)
if a participant in the case, an invited person, an expert, witness or
interpreter does not appear at the Court session because of reasons the Court
considers to be unjustified- with the fine up to one hundred lats;
2)
if a participant in the case or another person involved in the case,
who has been warned is repeatedly called to order during the Court session-
with the fine up to one hundred and fifty lats.
(5)
A copy of the Court Judgment (excerpt from the Court record) on
imposing the fine is forwarded to the person who has been fined.
(6)
Within ten days after receiving the copy of the Judgment, the person,
who has been fined, may ask the Constitutional Court to reduce the sum of the
fine or to exempt him/her from the fine altogether.
(7)
The fine is collected in compliance with the procedure envisaged by the
Law on Civil Procedure.
Article
29. Closing
of proceedings
(1)
Proceedings
in the case may be closed before the judgment is announced by a decision of the
Constitutional Court:
1)
upon a written request of the applicant;
2)
if the disputed legal norm (act) is no longer in effect;
3)
if the Constitutional Court finds that the decision to initiate the case
does not comply with the provisions of Part 1, Article 20 of this Law;
4)
if the norm (act), compliance with which is disputed is no longer in
effect;
5)
if a judgment in another case on the same claim subject has been
announced;
6)
in other cases, when continuation of proceedings is impossible.
(2)
Changes in the body of an elected institution or replacement of an
official after the application has been submitted does not serve as a
sufficient reason to refuse initiating a case or closing proceedings.
(3)
If the decision to close proceedings is adopted, the copy of the decision
shall be forwarded to the participants in the case and to the newspaper
“Latvijas Vēstnesis” for publication not later than three days after
adopting the decision.
Article
30. Reaching
the judgment of the Constitutional Court
(1)
Following the session of the Constitutional Court, the justices shall
meet to reach a judgment in the name of the Republic of Latvia. During the
voting only those justices who are in the body shall be in the conference hall.
(2)
The judgment shall be reached by a majority vote. The justices may vote
only “for“ or “against“.
(3)
In the event of a tie vote the Court shall reach a judgment that the
disputed legal norm (act) complies with the legal norm of higher force.
(4)
The judgment shall be reached
not later than 30 days after the
Constitutional Court session. The judgment shall be forwarded to the
participants in the case not later than three days after reaching the judgment.
(5)
The Chairperson of the Court signs the judgment.
(6)
A justice who had voted against the opinion given in the judgment shall
present his/her individual opinion in writing, which is attached to the case
file, but is not announced at the Court session.
Article
31. Contents
of the judgment of the Constitutional Court
The
judgment of the Constitutional Court shall indicate:
1)
time and place of reaching the judgment;
2)
membership of the Constitutional Court and secretary of the Court
session;
3)
participants in the case (indicating the applicant);
4)
provision of this Law pursuant to which the Constitutional Court has
reviewed the case;
5)
the disputed legal norm (act);
6)
circumstances established by the Constitutional Court;
7)
arguments and proof justifying the conclusions of the Constitutional
Court;
8)
arguments and proof by which the Constitutional Court rejects this or
other proof;
9)
provision of the Constitution or other law pursuant to which the
Constitutional Court considered whether the disputed legal norm (act) complies
with the legal norm of higher force;
10)
ruling of the Constitutional Court whether or not the disputed legal norm
(act) complies with the legal norm of higher force;
11)
with regard to the effective disputable legal norm (act)-the time by
which the disputed legal norm (act) is no longer in effect, if the
Constitutional Court has declared that the norm (act) does not comply with the
legal norm of higher force;
12)
other rulings, if necessary;
13)
a statement that the judgment of the Constitutional Court is final and
may not be appealed.
Article
32. Force
of a judgment of the Constitutional Court
(1)
The judgment of the Constitutional Court is final. It shall come into
legal effect at the time of announcement.
(2)
A judgment of the Constitutional Court shall be binding on all state and
municipal institutions, offices and officials, including the courts, also
natural and juridical persons.
(3)
Any legal norm (act) which the Constitutional Court has determined as
incompatible with the legal norm of higher force shall be considered invalid as
of the date of publishing the
judgment of the Constitutional Court, unless the Constitutional Court has ruled
otherwise.
(4)
If the Constitutional Court has recognized any international agreement
signed or entered into by Latvia as incompatible with the Constitution, the
Cabinet of Ministers is immediately obliged to see that the agreement is
amended, denounced, suspended or the accession to that agreement is recalled.
Article 33.
Publication of the judgment of the Constitutional Court
(1)
The judgment of the Constitutional Court shall be published in the
newspaper “Latvijas Vēstnesis“ and
in the gazette ”Latvijas Republikas Saeimas un Ministru Kabineta
Ziņotājs” not later than within five days of being reached.
(2)
Once a year the Constitutional Court shall publish a collection of
judgments of the Constitutional Court, including all judgments in full and
individual opinions of justices attached to cases.
Chapter IV
STATUS OF A JUDGE OF THE CONSTITUTIONAL COURT
Article
34. Restrictions
concerning other paid employment and participation in public affairs
(1)
A justice of the Constitutional Court may not fill another office or have
other paid employment except in a teaching, scientific and creative capacity. He/she
may not be a member of the Saeima or the Dome (Council) of a municipality.
(2)
The office of a justice of the Constitutional Court is incompatible with
membership in a political organization (party) or the association of same. A
justice of the Constitutional Court may be a member of other public
organization or the association of same, however, he/she must use this right so
as not to harm the dignity and reputation of a justice, the independence of the
Court, and impartiality.
Article
35. Immunity
of a justice of the Constitutional Court
(1)
A justice of the Constitutional Court may not be criminally prosecuted or
arrested without the consent of the Constitutional Court. The absolute majority
of vote of the entire total of the justices of the Constitutional Court is needed
to adopt the decision on it.
(2)
A judge of the Constitutional Court may be detained, forcibly brought in
and subjected to a search with the consent of the Constitutional Court only.
These matters shall be reviewed by three justices of the Constitutional Court.
(3)
A justice of the Constitutional Court may be charged with disciplinary
liability in case of administrative violations.
Article
36. Disciplinary
liability of a justice of the Constitutional Court
(1)
A justice of the Constitutional Court may be charged with disciplinary
liability for:
1)
violating the restrictions provided for in Article 34 of this Law;
2)
failure to perform his/her duties of office;
3)
unbecoming conduct;
4)
an administrative violation.
(2)
A disciplinary case may be initiated by the Chairperson of the
Constitutional Court, his/her Deputy or not less than three justices of the
Constitutional Court.
(3)
A disciplinary case shall be prepared for review by a justice appointed
by the Chairperson of the Constitutional Court or his/her Deputy.
(4)
A disciplinary case shall be reviewed by the entire Constitutional Court
with all the justices of the Constitutional Court who are not excused for
health or other justified reasons, participating. The justice, against whom the
disciplinary case is initiated, is not part of the court. In this case the
court must consist of not less than four justices. The session shall be chaired
by the Chairperson of the Constitutional Court or his/her Deputy.
(5)
The Constitutional Court shall adopt a decision on a disciplinary case by
a majority vote, with an exception of
cases, envisaged in the third Part of
Article 10. In the event of a tie vote the case shall be dismissed.
(6)
When reviewing a disciplinary case, the Constitutional Court may:
1)
impose disciplinary punishment;
2)
dismiss the disciplinary case.
(7)
Disciplinary punishment which the Constitutional Court may impose on a
justice shall be:
1)
reproof;
2)
admonition;
3)
reduction of basic salary for a period of one year, withholding up to 20%
of the basic salary;
4)
removal from the office in compliance with the third Part of Article 10.
(8)
Disciplinary punishment does not exclude criminal and material liability
of the justice of the Constitutional Court.
Chapter V
FINANCING OF THE CONSTITUTIONAL COURT, REMUNERATION OF AND SOCIAL
GUARANTEES FOR JUDGES
Article
37. Financing
of the Constitutional Court
The
Constitutional Court shall be financed from the state budget.
Article
38. Remuneration
of justices of the Constitutional Court
(1)
The salary of a justice of the Constitutional Court, the Chairperson of
the Constitutional Court and his/her Deputy shall be equal to the salary of a
judge of the Supreme Court, the Chairperson of the Supreme Court and his/her
Deputy, respectively.
(2)
The Chairperson of the Constitutional Court shall receive additional
remuneration for performing the duties of a chairperson, equal to the
additional remuneration set for the Chairperson of the Supreme Court for
performing the duties of Chairperson; the Deputy Chairperson of the
Constitutional Court for performing the duties of a deputy Chairperson shall
receive an additional remuneration equal to the additional remuneration set for
the deputy Chairperson of the Supreme Court for performing the duties of a
deputy chairperson.
(3)
In addition to their basic salary, justices of the Constitutional Court
shall receive additional remuneration provided for in legislative acts
currently in effect for judges of the Supreme Court with the highest class of qualification.
Article
39. Social
guarantees for justices of the Constitutional Court
All
social guarantees and relief provided for judges in normative acts currently in
effect shall also apply to justices of the Constitutional Court.
Chapter VI
OFFICIALS AND EMPLOYEES OF
THE CONSTITUTIONAL COURT
Article
40. Officials
and employees of the Constitutional Court
(1)
The list of positions of officials and employees of the Constitutional
Court shall be established by the Chairperson of the Constitutional Court
within the limits of the Court’s budget.
(2)
The employment relations between the Constitutional Court and its
officials and employees shall be regulated by the Latvian Labour Code.
(3)
All benefits and social guarantees provided for officials and employees
of the judiciary by the Law “On Judicial Power“ and other normative acts
currently in effect shall apply to the officials and employees of the
Constitutional Court.
TRANSITIONAL
PROVISIONS
1.
If, at the time when the first session of the first Constitutional Court
is convened, all the judges of the Constitutional Court have assumed office,
the Constitutional Court shall elect the Chairperson of the Constitutional
Court according to the procedure set in Article 12 of this Law. If not all the
judges of the Constitutional Court have assumed office at this time, the
Constitutional Court shall, by a simple majority vote, elect the Acting
Chairperson of the Constitutional Court from among the judges which have
assumed office. Only a judge of the Constitutional Court who has assumed office
may be elected the Acting Chairperson of the Constitutional Court.
2.
The Acting Chairperson of the Constitutional Court shall have full powers
of the Chairperson of the Constitutional Court until the time when the
Chairperson of the Constitutional Court is elected.
TRANSITIONAL PROVISIONS
Adopted
by the Saeima on November 30, 2000.
(1)
Amendments to the Constitutional Court Law, as regards applications on
initiating a case at the Constitutional Court by a court of general
jurisdiction when reviewing a civil or criminal case, shall take effect
together with corresponding amendments to the Civil Procedure Law and Criminal
Procedure Law.
(2)
Amendments to the Constitutional Court law, as regards applications on
initiating a case at the Constitutional Court by a court of general
jurisdiction when reviewing an administrative case, shall take effect at the
same time as the Law on Administrative Proceedings;
(3)
Amendments to the Constitutional Court law, as regards applications by
judges of the Land Registry when entering the real estate or confirming the
right to the property in the Land Book, shall become effective at the same time
as the respective amendments to the Law on Land Books;
(4)
Amendments to the Constitutional Court Law as regards constitutional
claim (application) shall take effect on July 1, 2001;
(5)
To the time of the Law on
Administrative Proceedings taking effect, the Constitutional Court shall
continue reviewing cases on the compliance of administrative acts of the
Cabinet of Ministers and the Prime Minister with legal norms of higher legal
force;
(6)
Within a month of this Law taking effect the Constitutional Court:
1) makes amendments to the
rules of Procedure of the Constitutional Court;
2) forms the Panels.
The
Law has been passed at the Saeima on September 11,1997.
The
Amendments to it take effect on January 1, 2001.
