The Saeima¹ has adopted
and the President has proclaimed the following Law:

Constitutional Court Law

Chapter I
General Provisions

Section 1. Constitutional Court

(1) The Constitutional Court shall be an independent judicial power authority which, within the jurisdiction specified in the Constitution of the Republic of Latvia (hereinafter - the Constitution) and in this Law, shall examine cases regarding the conformity of laws and other legal acts with the Constitution, as well as other cases conferred within the jurisdiction thereof by this Law.

(2) The Constitutional Court shall administer justice in accordance with the Constitution and this Law.

(3) [6 March 2008]

[6 March 2008]

Section 2. Independence of the Constitutional Court

Direct or indirect interference in the activity of the Constitutional Court that is associated with the administration of justice shall not be permissible.

Section 3. Composition of the Constitutional Court

The Constitutional Court shall have seven judges.

Section 4. Approval of a Constitutional Court Judge

(1) Constitutional Court judges shall be approved by the Saeima. Three Constitutional Court judges shall be approved following a proposal by not less than ten members of the Saeima, two - following a proposal by the Cabinet and two more following a proposal by the Supreme Court Plenary Session. The Supreme Court Plenary Session shall select candidates for the position of a Constitutional Court judge from among the judges of the Republic of Latvia.

(2) Such person may be approved as a judge of the Constitutional Court who:

1) is a citizen of the Republic of Latvia;

2) has an impeccable reputation;

3) has reached 40 years of age on the day when the proposal regarding the approval as a judge of the Constitutional Court was submitted to the Presidium of the Saeima;

4) has acquired a higher vocational or academic education (except for the first level vocational education) in law and also a master's degree (including a higher legal education which is equal to a master's degree in regard to rights) or a doctorate;

5) has at least 10 years of service in a legal speciality or in a judicial speciality in scientific educational work at a scientific institution or higher education institution after acquiring a higher vocational or academic education (except for the first level vocational education) in law.

(2¹) A person who may not be a candidate for a position of a judge according to Section 55 of the law On Judicial Power may not be approved as a judge of the Constitutional Court.

(3) The following documents signed by a candidate for the position of a Constitutional Court judge shall be appended to a submission regarding the candidacy for a Constitutional Court judge:

1) the consent for the candidacy for the position of a Constitutional Court judge;

2) a confirmation that the restrictions specified in Section 55 of the law On Judicial Power do not apply to him or her.

(4) Candidacies for Constitutional Court judges shall be published in the official gazette Latvijas Vēstnesis not later than within five days after submitting thereof to the Presidium of the Saeima, indicating the following:

1) the candidacy submitters;

2) the following information regarding each candidate for the position of a Constitutional Court judge:

a) the given name, surname;

b) the year and place of birth;

c) [3 September 2020];

d) which higher education institutions he or she has graduated (which year, what speciality);

e) the places of employment and offices held.

(5) The Presidium of the Saeima shall inform the Judicial Council regarding candidacies for Constitutional Court judges, inviting to provide an opinion on them.

[30 November 2000; 10 December 2009; 19 May 2011; 3 September 2020]

Section 5. Oath (Solemn Vow) of a Constitutional Court Judge

(1) After approval, a Constitutional Court judge shall take the judge's oath (solemn vow) as provided for in the law On Judicial Power, which shall be accepted by the President.

(2) A Constitutional Court judge shall commence fulfilment of his or her duties of office after the taking of the oath (solemn vow).

(3) If a judge of another court is approved as a Constitutional Court judge who has already taken the referred to oath (solemn vow), he or she shall not take the oath (solemn vow) again and shall commence fulfilment of his or her duties of office immediately after the approval.

[19 May 2011]

Section 6. Robe and Insignia of Office of a Constitutional Court Judge

A Constitutional Court judge shall fulfil his or her duties of office at court hearings attired in a robe and wearing insignia of office.

Section 7. Term of Office of a Constitutional Court Judge

(1) The term of office of a Constitutional Court judge shall be ten years from the day on which he or she, according to Section 5 of this Law, has commenced fulfilment of duties of office of a Constitutional Court judge, except for the cases specified in Section 11, Paragraphs three and four of this Law. If a person has resigned from the office of a Constitutional Court judge in order to perform official duties in an international court or to represent the Republic of Latvia by holding office in an international institution, and if not more than 10 years have passed from resignation from the office of a Constitutional Court judge, the person may be repeatedly approved for the remaining term of office.

(2) During his or her term of office, except for the cases specified in Section 10 of this Law, a Constitutional Court judge shall not be dismissed.

(3) One and the same person may not hold the position of a Constitutional Court judge for longer than ten consecutive years, except for the cases provided for in Section 11, Paragraphs three and four of this Law.

(4) [3 September 2020]

[30 November 2000; 18 October 2007; 10 December 2009; 3 September 2020]

Section 7.¹ Guarantees of a Constitutional Court Judge After the Expiration of the Term of Office

(1) After the expiration of the term of office, a Constitutional Court judge has the right to apply for a vacant office of a Supreme Court judge in accordance with the procedures laid down in the law On Judicial Power, provided that he or she has not reached the maximum age stipulated for fulfilling the office of a judge.

(2) After the expiration of the term of office, a Constitutional Court judge has the right to be appointed to a vacant office of a civil servant within a year in compliance with the requirements specified for the candidate to the relevant vacant office.

(3) If the person held a civil servant office according to the State Civil Service Law prior to the approval as a Constitutional Court judge, the institution shall ensure that after the expiration of the term of office of a Constitutional Court judge such person has the right to hold an equivalent position.

(4) If a person has been approved as a Constitutional Court judge who, in accordance with the law On Judicial Power, has been approved as a judge without restriction on the term of office, he or she shall be entitled to return to the previous judicial position after the expiration of the term of office as a Constitutional Court judge, provided that he or she has not reached the maximum age stipulated for fulfilling the office of a judge.

(5) Severance pay for a Constitutional Court judge after the expiration of the term of office shall be determined in accordance with the Law on Remuneration of Officials and Employees of State and Local Government Authorities.

[3 September 2020]

Section 8. Resignation from the Office of a Constitutional Court Judge Prior to the Expiration of the Term of Office

(1) Regardless of the time employed as a Constitutional Court judge, a Constitutional Court judge shall leave his or her position when he or she has reached 70 years of age, except for the cases provided for in Section 11, Paragraphs three and four of this Law.

(2) A Constitutional Court judge may leave the office prior to expiration of the term of office upon his or her own wish, informing the Constitutional Court thereof in writing.

[30 November 2000]

Section 9. Suspension of the Term of Office of a Constitutional Court Judge

(1) If the Constitutional Court has agreed on commencement of a criminal prosecution against a Constitutional Court judge, the term of office of this judge shall be suspended until the time when a court judgment comes into effect in the relevant criminal case or the relevant criminal case is terminated.

(2) If disciplinary proceedings have been initiated in relation to a Constitutional Court judge allowing actions incompatible with the status of a judge, the Constitutional Court may suspend the term of office of this judge until the examination of the disciplinary proceedings but not longer than for one month.

(3) A Constitutional Court judge whose term of office has been suspended in accordance with Paragraphs one and two of this Section may be appointed by the President of the Constitutional Court to fulfil other duties in the Constitutional Court, with the consent of such judge, in such office which is not the office of a public official for the term of suspension, disbursing the work remuneration determined for the relevant office. If a judge does not agree to being appointed for another position, the minimum monthly wage determined in the State at the time of suspension shall be disbursed to him or her. If the decision to terminate criminal proceedings has entered into effect and the grounds for termination are related to circumstances exonerating the person, or the decision to terminate the disciplinary case has entered into effect by concluding that it has been initiated unjustifiably, or if a court has rendered an acquittal judgment in a criminal case, the monthly wage that was not disbursed for the whole period of suspension and also supplements shall be disbursed to him or her.

[30 November 2000; 5 September 2013 / See Paragraph 14 of Transitional Provisions]

Section 10. Removal or Dismissal of a Constitutional Court Judge from Office

(1) If a Constitutional Court judge is unable to continue to work due to his or her state of health, he or she shall be removed from office with a Constitutional Court decision. For this decision to be taken, an absolute majority vote of all the court members shall be necessary.

(2) A Constitutional Court judge shall lose his or her office if he or she is convicted of a criminal offence and the judgment has come into legal effect.

(3) If a Constitutional Court judge has breached the requirements of Section 34 of this Law, has allowed a dishonourable offence that is incompatible with the status of a judge or systematically does not fulfil his or her official duties and a disciplinary punishment has been imposed on him or her regarding it, he or she may be dismissed from office by a Constitutional Court decision. For this decision to be taken, an absolute majority vote of all the court members shall be necessary.

[30 November 2000]

Section 11. Procedures by which a New Constitutional Court Judge is to Be Approved if the Term of Office of a Former Judge has Expired

(1) Upon expiration of the term of office of a Constitutional Court judge, the Saeima shall, by the proposal of the same authority by whose proposal the judge whose term of office has expired was approved, approve another judge.

(2) The Constitutional Court shall notify in writing the institution by whose proposal the judge whose term of office has expired was approved of the expiration of the term of office of a Constitutional Court judge, but in cases when a judge has been approved by a proposal submitted by not less than ten members of the Saeima - the Saeima. The Constitutional Court shall notify of the expiration of the term of office of a Constitutional Court judge due to expiry of the term of office or of reaching the age specified in Section 8, Paragraph one of this Law at least three months in advance.

(3) If the Saeima has not approved another judge in place of a Constitutional Court judge whose term of office has terminated due to expiry of the term of office or reaching the age specified in Section 8, Paragraph one of this Law, the term of office of such a Constitutional Court judge shall be regarded as extended until the time when the Saeima has approved another judge in his or her place and he or she has taken the judge's oath (solemn vow).

(4) The term of office for a Constitutional Court judge whose term of office has terminated due to the expiry of the term of office or reaching the age specified in Section 8, Paragraph one of this Law shall be regarded as extended until the proclamation of the judgment in the cases the examination of which in a court hearing has been commenced with the participation of this judge, except for the cases the examination of which in a court hearing has been commenced with the participation of this judge and in which the decision has been taken to stay court proceedings in order to submit a question to the Court of Justice of the European Union regarding the validity and interpretation of a provision of the European Union law.

[30 November 2000; 19 May 2011; 16 March 2017 / See Paragraph 15 of Transitional Provisions]

Section 12. President and a Deputy President of the Constitutional Court

Constitutional Court judges shall, by secret ballot and with an absolute majority vote of all court members, elect from among those participating a President and Deputy President of the Constitutional Court for three years.

Section 13. Duties and Rights of the President and Deputy President of the Constitutional Court

(1) The President of the Constitutional Court shall chair the Constitutional Court hearings, organise the work of the court and represent the Constitutional Court.

(2) The Deputy President of the Constitutional Court shall assist the President of the Constitutional Court in fulfilling the duties of the President specified in Paragraph one of this Section and deputise for the President during his or her absence.

(3) Specific duties of the President of the Constitutional Court may be fulfilled by a judge designated by him or her.

(4) The President of the Constitutional Court and his or her deputy has the right to give orders to Constitutional Court judges in organisational matters associated only with fulfilling of the duties of office.

Section 14. Rules of Procedure of the Constitutional Court

The structure and work organisation of the Constitutional Court shall be defined by the rules of procedure of the Constitutional Court that are adopted with an absolute majority vote of all court members.

Section 15. Seal of the Constitutional Court

The Constitutional Court shall have a seal bearing the Greater State Coat of Arms of the Republic of Latvia and the name of the court.

Chapter II
Jurisdiction of the Constitutional Court

Section 16. Matters to Be Examined in the Constitutional Court

The Constitutional Court shall examine cases regarding:

1) conformity of laws with the Constitution;

2) conformity of international agreements signed or entered into by Latvia (also until the confirmation of the relevant agreements in the Saeima) with the Constitution;

3) conformity of other laws and regulations or parts thereof with the norms (acts) of a higher legal force;

4) conformity of other acts of the Saeima, the Cabinet, the President, the Speaker of the Saeima and the Prime Minster with law, except for administrative acts;

5) conformity with law of such an order by which a Minister authorised by the Cabinet has suspended a decision taken by a local government council;

6) conformity of Latvian national legal norms with those international agreements entered into by Latvia that are not in conflict with the Constitution.

[30 November 2000; 19 May 2011]

Section 17. Rights to Submit an Application Regarding Initiation of a Case

(1) The right to submit an application regarding initiation of a case regarding conformity of laws or international agreements signed or entered into by Latvia with the Constitution (also until the confirmation of the relevant agreement in the Saeima), conformity of other laws and regulations or parts thereof with the norms (acts) of a higher legal force (Section 16, Clauses 1-3), and also conformity of Latvian national legal norms with those international agreements entered into by Latvia that are not in conflict with the Constitution (Section 16, Clause 6) is held by:

1) the President;

2) the Saeima;

3) not less than twenty members of the Saeima;

4) the Cabinet;

5) the Prosecutor General;

6) the Council of the State Audit Office;

7) a local government council;

8) the Ombudsman, if the authority or official who has issued the disputed act has not rectified the established deficiencies within the time period specified by the Ombudsman;

9) a court when examining a civil case, criminal case or administrative case;

10) the Land Registry Office judge when performing an entry of immovable property or associated corroboration of rights thereof in the Land Register;

11) a person in the case of the fundamental rights being infringed upon as defined in the Constitution;

12) the Judicial Council within the scope of the competence stipulated in the law.

(2) The right to submit an application regarding initiation of a case regarding conformity of other acts of the Saeima, the Cabinet, the President, the Speaker of the Saeima and the Prime Minister with law, except for administrative acts (Section 16, Clause 4), is held by:

1) the President;

2) the Saeima;

3) not less than twenty members of the Saeima;

4) the Cabinet;

5) the Judicial Council within the scope of the competence stipulated in the law.

(3) The relevant council has the right to submit a request regarding the initiation of a case regarding conformity of such an order with law by which a minister authorised by the Cabinet has suspended a decision taken by the local government council (Section 16, Clause 5).

[30 November 2000; 6 March 2008; 19 May 2011]

Chapter III
Court Proceedings

Section 18. Submission of an Application

(1) An application regarding initiation of a case (hereinafter - the application) shall be submitted to the Constitutional Court in writing. The application shall indicate:

1) the applicant;

2) the authority or official who has issued the act being contested;

3) a statement of actual circumstances of the case;

4) the legal basis for the application;

5) a claim to the Constitutional Court.

(2) Contestation of several acts in one application shall be permissible only in the following cases:

1) a regulatory enactment or a part thereof and norms of a lower legal force issued on the basis of this are being contested;

2) acts issued by an authority (official) are being contested in relation to the establishment of the relevant authority or election, approval or appointment of an official that has not occurred according to the procedures laid down by law or if an authority or official has allowed such breaches of law due to which the acts issued thereby do not have legal force.

(3) An application shall be signed by the applicant. If an application is submitted by a collegial authority, it shall be signed by its head. If an application is being submitted by not less than twenty members of the Saeima, it shall be signed by each of those members.

(4) The following shall be appended to an application:

1) a collegial authority decision, if the application is submitted by the collegial authority;

2) explanatory statements and documents that are necessary for determining the circumstances of the case;

3) [11 September 1997].

[11 September 1997; 30 November 2000]

Section 19. Application by a Local Government Council

(1) An application in accordance with Section 17, Paragraph one, Clause 7 of this Law may be submitted by a local government council only if the contested act infringes upon the rights of the relevant local government.

(2) An application by a local government council in accordance with Section 17, Paragraph three of this Law shall be accepted according to the procedures laid down in Section 49 of the law On Local Governments.

[30 November 2000; 19 May 2011]

Section 19.¹ Application by a Court and an Application by a Land Registry Office Judge

(1) An application shall be submitted if:

1) upon examining a civil case or criminal case in the first instance, according to the appellate or cassation procedures, the court considers that the norm that should be applied in this case does not conform to the norm (act) of a higher legal force;

2) upon examining an administrative case in the first instance, according to the appellate or cassation procedures, the court considers that the norm that has been applied by an institution or that should be applied in this case during the administrative court procedures does not conform to the Constitution or international legal norms (acts);

3) upon performing an entry of immovable property or corroboration of rights related thereto in the Land Register, the Land Registry Office judge considers that the norm that should be applied does not conform to the norm (act) of a higher legal force.

(2) An application shall be worded in the form of a motivated decision. A decision shall be taken and signed by the court that examines the relevant civil case, criminal case or administrative case, or the Land Registry Office judge who performs the entering of immovable property or corroboration of rights related thereto in the Land Register.

(3) A decision by the court or Land Registry Office judge shall have appended to it documents that justify the application. If necessary, the relevant civil case, criminal case or administrative case shall be appended thereto.

(4) Contestation of several acts in the decision of the court or Land Registry Office judge shall be permissible in the cases when it is necessary to apply all these acts to the examination of one civil case, criminal case or administrative case or request for corroboration.

[30 November 2000; 15 January 2004]

Section 19.² Constitutional Complaint (Application)

(1) A constitutional complaint (application) may be submitted to the Constitutional Court by any person who considers that their fundamental rights as defined in the Constitution are infringed by legal norms that do not conform to the norms of a higher legal force.

(2) A constitutional complaint (application) may be submitted only if all the options have been used to protect the specified rights with general remedies for protection of rights (a complaint to the higher authority or higher official, a complaint or statement of claim to a general jurisdiction court, etc.) or if such do not exist.

(3) If examination of a constitutional complaint (application) is of general interest or if protection of rights with general remedies for protection of rights cannot avert substantial harm for the applicant, the Constitutional Court may decide to examine the complaint (application) prior to all general remedies for protection of rights being used. Initiation of a case in the Constitutional Court shall prohibit examination of the relevant civil case, criminal case or administrative case in a general jurisdiction court until the moment when a Constitutional Court judgment has been proclaimed.

(4) A constitutional complaint (application) may be submitted to the Constitutional Court within six months after coming into effect of the decision of the last authority. If it is not possible to defend the fundamental rights stipulated in the Constitution using general remedies for protection of rights, a constitutional complaint (application) may be submitted to the Constitutional Court within six months from the time when the fundamental rights were infringed.

(5) Submission of a constitutional complaint (application) shall not suspend the enforcement of the court ruling, except for the cases when the Constitutional Court has decided otherwise.

(6) In addition to the content of an application specified in Section 18, Paragraph one of this Law, a constitutional complaint shall justify the following:

1) the fundamental rights of the applicant defined in the Constitution have been infringed upon;

2) all general remedies for protection of rights have been used, or such do not exist.

(7) The following shall be appended to a constitutional complaint (application):

1) explanatory statements and documents that are necessary for determining the circumstances of the case;

2) documents that attest to the fact that all general remedies for protection of rights have been used, if such exist.

[30 November 2000; 19 May 2011 / See Paragraph 12 of Transitional Provisions]

Section 19.³ Term for Submission of an Application in Separate Cases

(1) An application regarding initiation of a case in relation to the law regarding the expropriation of a specific immovable property for public needs may be submitted to the Constitutional Court within six months after the day of coming into force of the relevant law.

(2) An application regarding the initiation of a case in relation to the spatial planning or local planning of a local government may be submitted to the Constitutional Court within six months after the day of coming into force of the relevant binding regulation. A person may submit an application regarding the initiation of a case in compliance with the procedures laid down in the Spatial Development Planning Law for appealing against spatial planning or local planning.

(3) Paragraphs one and two of this Section shall not apply to the case when an application is submitted according to the procedures prescribed in Section 19.¹ of this Law.

[10 December 2009; 1 December 2011 / See Paragraph 13 of Transitional Provisions]

Section 20. Initiation of a Case or Refusal to Initiate a Case

(1) An application shall be examined and initiation of a case or refusal to initiate a case shall be decided by a collegium in the composition of three judges, except for the case specified in Paragraph 7.¹ of this Section.

(2) A collegium shall be established for one year by the Constitutional Court with an absolute majority vote of all court members. A collegium consisting of the President of the Constitutional Court or his or her deputy shall be chaired accordingly by the President of the Constitutional Court or his or her deputy. A collegium not consisting of the President of the Constitutional Court or his or her deputy shall be chaired by the chairperson of the collegium whom the collegium shall elect from among its members.

(3) Procedures by which the President of the Constitutional Court shall order the collegium to examine applications and by which such judge shall be deputised who is prevented from participating in a collegium meeting due to the state of health or other objective circumstances, the drawing up of minutes of a collegium meeting as well as other issues associated with organising the work of the collegium shall be specified by the rules of procedure of the Constitutional Court.

(4) Collegium meetings shall be closed. Only the relevant members of the collegium shall participate therein. If necessary, the members of the collegium may invite the applicant, employees of the Constitutional Court as well as other persons to participate in a meeting.

(5) Upon examining applications, the collegium shall be entitled to refuse to initiate a case if:

1) the case is not under the jurisdiction of the Constitutional Court;

2) the applicant is not entitled to submit an application;

3) the application does not comply with the requirements specified in Sections 18 or 19-19.³ of this Law;

4) an application is submitted regarding a claim that has already been tried;

5) the legal justification or statement of actual circumstances included in the application has not changed on its merits in comparison to the previously submitted application regarding which a decision was taken by the collegium.

(6) Upon examining a constitutional complaint (application), the collegium may refuse to initiate a case also in those cases when the legal basis included in the complaint is evidently insufficient to satisfy the claim.

(7) The decision regarding initiation of a case or refusal to initiate a case shall be taken within one month from the day when the application was submitted. In complicated cases the Constitutional Court may extend this period of time for up to two months.

(7¹) If the collegium takes the decision to refuse to initiate a case and a judge - a member of the collegium - votes against such a ruling by the collegium, moreover, he or she has reasoned objections, the examination of the application and the taking of the decision shall be transferred to the assignments sitting with the full composition of the Court.

(8) The decision to initiate a case or to refuse to initiate a case shall not be subject to appeal.

(9) If the decision to initiate a case has been taken, within three days after taking thereof:

1) a true copy of the decision shall be sent to the participants to the case;

2) a true copy of the application shall be sent to the authority or official who has issued the contested act;

3) the authority or official who has issued the contested act shall be invited to submit the written answer with a brief description of actual circumstances of the case and the legal grounds thereof within the time period specified in the decision regarding initiation of the case which is not less than two months;

4) information regarding initiation of a case shall be sent to the official gazette Latvijas Vēstnesis for publication, indicating therein the collegium that has initiated the case, the applicant and the name of the case.

(10) If the decision has been taken to refuse to initiate a case, a true copy of the decision shall be sent to the applicant within three days after taking thereof, but in cases when the application is submitted by not less than twenty members of the Saeima - to their authorised representative.

[30 November 2000; 6 March 2008; 10 December 2009; 19 May 2011]

Section 21. Procedures for Appealing the Decision Regarding Refusal to Initiate a Case

[30 November 2000]

Section 22. Preparation of a Case for Examination

(1) When a case has been initiated, the President of the Constitutional Court shall entrust one of the judges to prepare it for examination.

(2) When preparing a case, a judge shall do the following, if necessary:

1) take the decision to extend the time period for submitting the written answer, request additional explanations and documents from the applicant, the authority or official who has issued the contested act as well as from any State or local government authority, institution or official;

2) determine persons to be invited and request that they express their opinion;

3) take a decision to order an expert-examination in the case.

(3) Any person may be recognised as an invited person by the decision of a judge if hearing this person's opinion may favour comprehensive and objective examination of a case.

(4) The opinion of an invited person, opinion of a specialist (expert), requested explanations and other documents shall be submitted within the period of time specified by the judge.

(5) A judge shall take a decision regarding requests from participants to a case that have been submitted when preparing the case for examination. If a judge rejects the request in part or in full, he or she shall take a decision regarding this. A true copy of the decision shall be sent to the participant to a case that has submitted the request. The decision regarding rejection of the request in part or in full shall not be subject to appeal.

(6) To promote comprehensive and timely examination of cases, the merging of two or more cases into one case as well as the division of one case into two or more cases shall be permitted.

(7) A case shall be prepared not later than within five months. In particularly complicated cases an assignments sitting of the Constitutional Court with a composition of three judges shall be entitled to extend this period of time by a decision, but not longer than by two months.

(8) A judge shall complete preparation of a case by preparing his or her opinion. If a judge considers that a case should be examined in the written procedure, he or she shall include a proposal in his or her opinion regarding this.

(9) Preparation of a case shall be completed with the decision of the President of the Constitutional Court to transfer of the case for examination, the composition of the court and the time and place of an assignments sitting.

(10) At an assignments sitting the court shall decide on the following:

1) determination of the written procedure if the relevant proposal has been expressed by the judge who has prepared the case for examination;

2) the time and place of a court hearing;

3) other issues that are associated with the examination of a case in a court hearing.

(11) A court hearing shall be determined not earlier than 15 days and not later than five months after the decision has been taken on the time and place of a court hearing.

(12) If a case is examined at a court hearing with the participation of the participants to the case, not later than 15 days prior to the hearing:

1) participants to a case shall be notified of the time and place of the hearing;

2) a notification regarding the time and place of the hearing shall be sent for publication in the official gazette Latvijas Vēstnesis.

(13) If the written procedure has been defined in a case, the participants to the case shall be informed thereof.

[30 November 2000; 6 March 2008; 10 December 2009; 19 May 2011]

Section 23. Representation in the Constitutional Court

(1) A participant to a case - the applicant as well as the authority or official who has issued the contested act - may perform the procedural actions in the Constitutional Court himself or herself or with the mediation of an authorised representative.

(2) If an application is submitted by not less than twenty members of the Saeima, they shall be regarded as one procedural person. They may perform procedural actions only with the mediation of one authorised representative. The first person who has signed an application shall be regarded as the authorised representative, unless the members of the Saeima have agreed otherwise. Such authorisation shall be attested to by the Chancellery of the Saeima. In cases when an application is submitted by not less than twenty members of the Saeima, expiry of the term of office of one or more members shall not prohibit the performance of procedural actions associated with the application.

(2¹) If a constitutional complaint is submitted jointly by more than five persons, these persons shall be regarded as one procedural person. They may perform procedural actions only with the mediation of one authorised representative. The first person who has signed the application shall be regarded as the authorised representative, unless these persons have agreed otherwise in the application or in an authorisation appended thereto.

(3) If conformity of such an act with the norm of a higher legal force is being contested that has been taken or issued by an authority or official that no longer exists and does not have a legal successor to rights, the authority or official which is entitled to acknowledge the contested act as revoked or amend it shall have the rights of a participant to a case in court procedures.

(4) Participants to a case may use the assistance of a sworn advocate. A sworn advocate shall have all the rights of the participants to a case at a court hearing, except for the right to withdraw an application. The authority of a sworn advocate shall be attested to by a retainer. A participant to a case may also entrust to a sworn advocate the duties of an authorised representative. Such authorisation shall be attested to with a written power of attorney.

(5) The authorisation to provide legal aid of a legal aid provider ensured by the State shall be attested to by a relevant order issued by the responsible State authority.

[11 September 1997; 30 November 2000; 10 December 2009; 3 September 2020]

Section 24. Rights of the Participants to a Case to Become Acquainted with Case Files

After a decision has been taken on transfer of a case for examination, the participants to a case - the applicant and the authority or official who has issued the contested act - have the right to become acquainted with the case files.

[30 November 2000]

Section 25. Composition of a Court

(1) The Constitutional Court in full composition shall examine cases regarding:

1) conformity of laws with the Constitution;

2) conformity of other acts of the Saeima, the Cabinet, the President, the Speaker of the Saeima and the Prime Minster with law, except for administrative acts;

3) conformity of Latvian national legal norms with those international agreements entered into by Latvia that are not in conflict with the Constitution;

4) conformity of legal acts of the Cabinet with the Constitution;

5) conformity of international agreements signed or entered into by Latvia (also until the confirmation of the relevant agreements in the Saeima) with the Constitution;

6) conformity of other laws and regulations or their parts with the Constitution.

(2) The cases not specified in Paragraph one of this Section shall be examined by a composition of three judges, unless the Constitutional Court has decided otherwise.

(3) If the Constitutional Court examines a case in full composition, it shall include all the judges of the Constitutional Court who are not prevented from participating in a court hearing due to the state of health or other objective circumstances. In such a case there shall not be less than five judges of the Constitutional Court in the composition of the court. A hearing shall be chaired by the President of the Constitutional Court or his or her deputy.

(4) If the Constitutional Court is examining a case in the composition of three judges, these judges shall be determined by the President of the Constitutional Court according to the rules of procedure of the Constitutional Court. If the composition of a court does not include the President of the Constitutional Court or his or her deputy, the chairperson of a court hearing shall be elected by those judges from among themselves at an assignments sitting.

(5) Recusal may not be applied for Constitutional Court judges.

[11 September 1997; 30 November 2000; 19 May 2011]

Section 26. Procedures for Examining Cases

(1) Procedures for examining cases shall be determined by this Law and the rules of procedure of the Constitutional Court. The provisions of the Civil Procedure Law shall apply to the implementation of counting of procedural time periods and procedural sanctions - a fine. Other procedural issues not regulated by the Constitutional Court Law and rules of procedure of the Constitutional Court shall be decided by the Constitutional Court.

(2) Participants to a case who do not know the language of court proceedings, except for representatives of legal persons, have the right to use interpreter's services. The costs for the interpreter's services shall be covered by the relevant participant to a case.

[30 November 2000]

Section 27. Openness of a Constitutional Court Hearing

(1) Constitutional Court hearings shall be open, except for the cases when this is contrary to the interests of an official secret, commercial secret, as well as protection of the inviolability of a person's private life.

(2) Persons in attendance at a court hearing shall be permitted to make written notes and sound recordings while remaining in areas designated for the public. Video recordings, photographs as well as sound recordings outside of areas designated for the public at the time of a court hearing shall be taken only with the consent of the chairperson of a court hearing and in such a way that it shall not disturb the process of the court hearing, wherever possible.

(3) The decision regarding examination of a case in a closed court hearing shall be taken by the Constitutional Court. Examination of a case in a closed court hearing shall take place in compliance with all regulations applicable to court proceedings. A court judgment in any case shall be proclaimed publicly.

[30 November 2000]

Section 28. Constitutional Court Hearing

(1) Decisions during the course of a court hearing shall be taken with a majority vote of those judges in its composition, deliberating on site or in the deliberation room. If a decision is taken in the deliberation room, only those judges who are in the composition of the court shall be allowed to be present in this room during the time of voting. It shall not be permitted to disclose the opinions expressed during voting. If a decision has been taken in the deliberation room, the chairperson of the court hearing shall announce this decision after the court has returned to the courtroom.

(2) A Constitutional Court hearing shall be opened by the chairperson of the court hearing. He or she shall announce the composition of the court, name the participants to the case and other persons involved in the case, verifying their identity and authorisation.

(3) If a participant to a case or another person involved in a case has not appeared, the chairperson of the court hearing shall establish whether this person has been duly informed about the court hearing and whether the reasons for non-appearance thereof are known.

(4) If any of the participants to a case who has been duly informed about a court hearing has not appeared, the court shall decide on the commencement or postponement of examination of a case. If an invited person, witness, specialist (expert) or interpreter has not appeared, the chairperson of the court hearing shall ask the participants to the case if examination of the case can be commenced in the absence of this witness, specialist (expert) or interpreter. After hearing the opinion of the participants to the case, the court shall decide on the commencement or postponement of examination of a case.

(5) Examination of a case on its merits shall commence with the report of a judge.

(6) After the report the participants to a case shall describe the actual circumstances and legal grounds of the case. The applicant shall be given the first word. The speaking time for a brief description of actual circumstances and legal grounds by each participant to the case shall not be longer than 30 minutes. At the request of a participant to a case, the court may extend the speaking time.

(7) After that, if necessary, the invited persons and specialists' (experts') opinions shall be heard and witnesses shall be interrogated.

(8) Then shall follow a court debate and replicas.

(9) A Constitutional Court hearing shall close with an announcement by the chairperson of a court hearing regarding the time when a judgment shall be proclaimed.

(10) The proceedings of a Constitutional Court hearing shall be recorded by phonogram from which a transcript shall be prepared. The transcript shall be appended to the minutes. The minutes shall be signed by the chairperson of the court hearing and the recorder.

[30 November 2000]

Section 28.¹ Written Procedure

(1) In cases when documents appended to a case shall be sufficient to examine the case in the written procedure, a court hearing with the participation of participants to the case need not be arranged. Examination of a case in the written procedure shall be determined according to the procedures laid down in Section 22, Paragraph ten of this Law.

(1¹) In accordance with Paragraph one of this Section, when deciding on the examination of a case in the written procedure or in a court hearing with participation of participants to the case, the potential impact of the case on the judicial system, interrelations of Constitutional authorities, the current case law of the Constitutional Court and the State budget shall be also taken into account.

(2) Within 15 days after receipt of a notification regarding the examination of a case in the written procedure, participants to the case have the right to acquaint themselves with the case files and express their opinion regarding them in writing.

(3) A case shall be examined in the written procedure and the judgment shall be rendered in the deliberation room.

[30 November 2000; 19 May 2011]

Section 28.² Procedural Sanctions

(1) In the cases prescribed by this Law, the court may apply the following procedural sanctions:

1) a warning;

2) an exclusion from the courtroom;

3) a fine.

(2) The chairperson of a court hearing may issue a warning to a person who disturbs order during the trial of a case.

(3) Exclusion from the courtroom may be applied in cases when a person to whom a warning has been issued repeatedly disturbs order during the trial of a case. Those persons present who are not participants to a case or other persons involved in a case shall be excluded by the chairperson of a court hearing, but participants to a case - by the court. If the representative of a participant to a case - a State authority or official - is excluded from the courtroom, this shall be reported to the authority or official that he or she represents.

(4) The court may impose a fine in the following cases and amounts:

1) if a participant to a case, invited person, specialist (expert), witness or interpreter does not appear at a court hearing for the reasons which the court has found to be unjustified - a fine of up to one hundred and fifty euros;

2) if a participant to a case or another person involved in a case to whom a warning has been issued repeatedly disturbs order during the trial of a case - a fine of up to two hundred and twenty euros.

(5) A true copy of the court decision (extract from the minutes) regarding imposition of a fine shall be sent to the person on whom the fine is imposed.

(6) A person on whom a fine has been imposed may, within ten days after receipt of a true copy of the court decision (extract from the minutes), petition the Constitutional Court to release such person from the fine or reduce the amount thereof.

(7) A fine shall be recovered according to the procedures laid down by the Civil Procedure Law.

[30 November 2000; 12 September 2013]

Section 29. Termination of Court Proceedings

(1) Court proceedings of a case may be terminated until proclamation of the judgment by the decision of the Constitutional Court:

1) following a written request of the applicant;

2) if the contested legal norm (act) has been revoked;

3) if the Constitutional Court establishes that a decision on the initiation of a case does not comply with the requirements of Section 20, Paragraph five of this Law;

4) if a legal norm (act), the conformity of which is being contested, has been revoked;

5) if a judgment has been proclaimed in another case regarding the same subject-matter of a claim;

6) in other cases when continuation of court proceedings in a case is impossible.

(2) Changes to the composition of the elected authority or replacement of an official after an application has been submitted shall not be sufficient grounds for refusal to initiate a case or terminate court proceedings of a case.

(2¹) Interpretation of the legal norm provided in the Constitutional Court decision to terminate the court proceedings shall be obligatory for all State and local government authorities (also courts) and officials, as well as natural and legal persons.

(3) The decision of the Constitutional Court to terminate court proceedings shall, not later than within five days after taking thereof, be published in the official gazette Latvijas Vēstnesis, as well as shall be sent or issued to the participants to a case in accordance with the rules of procedure of the Constitutional Court.

[11 September 1997; 30 November 2000; 15 January 2004; 6 March 2008]

Section 30. Making of a Constitutional Court Judgment

(1) After a Constitutional Court hearing, the deliberation of the judges shall take place in which a judgment shall be rendered in the name of the Republic of Latvia. During the time of voting only those judges who are in the composition of the court shall be allowed to be present in the deliberation room.

(2) A court shall make the judgment with a majority of the votes. Judges may only vote "for" or "against".

(3) In the event of a tied vote, the court shall make a judgment that the contested legal norm (act) conforms to the norm of a higher legal force.

(4) A judgment shall be made not later than 30 days after a Constitutional Court hearing. The judgment shall be sent to the participants to a case not later than three days after making thereof.

(5) A judgment shall be signed by the chairperson of the court hearing.

(6) A judge who has voted against the opinion expressed in a judgment shall express in writing his dissenting opinion that shall be appended to the case but not declared in the court hearing.

[30 November 2000]

Section 31. Content of a Constitutional Court Judgment

A Constitutional Court judgment shall indicate the following:

1) the place and time of the rendering of the judgment;

2) composition of the Constitutional Court and the recorder of the court hearing;

3) participants to the case (indicating the applicant);

4) the provisions of this Law on the grounds of which the Constitutional Court has examined the case;

5) the legal norm (act) that is being contested;

6) circumstances determined by the Constitutional Court;

7) arguments and evidence on which the conclusions of the Constitutional Court have been based;

8) arguments and evidence by which the Constitutional Court rejects these or other evidence;

9) the norm of the Constitution or another legal norm by which the Constitutional Court has been guided in assessing the conformity of the contested legal norm (act) with the norm of a higher legal force;

10) the Constitutional Court ruling regarding whether the contested legal norm (act) conforms or does not conform to the norm of a higher legal force;

11) in relation to the contested legal norm (act) in force - the moment with which it shall be revoked if the Constitutional Court has judged that this norm (act) does not conform to the norm of a higher legal force;

12) if necessary - other court rulings;

13) an indication that the Constitutional Court judgment shall be final and not subject to appeal.

[11 September 1997; 30 November 2000]

Section 32. Effect of a Constitutional Court Judgment

(1) A Constitutional Court judgment shall be final. It shall enter into effect at the moment of its proclamation.

(2) The Constitutional Court judgement and the interpretation of the relevant legal norm provided therein shall be obligatory for all State and local government authorities (also courts) and officials, as well as natural and legal persons.

(3) A legal norm (act) that the Constitutional Court has declared as not conforming to the norm of a higher legal force shall be regarded as not in effect from the day of publication of the Constitutional Court judgment, unless the Constitutional Court has determined otherwise.

(4) If the Constitutional Court has declared any international agreement signed or entered into by Latvia as not conforming to the Constitution, the Cabinet has the duty to provide for amendments to this agreement without delay, the denunciation of this agreement, the suspension of its operation or the revocation of accession.

[30 November 2000; 6 March 2008; 10 December 2009]

Section 33. Publication of a Constitutional Court Judgment

(1) A judgement of the Constitutional Court shall be published in the official gazette Latvijas Vēstnesis not later than within 5 days after making thereof, as well as shall be sent or issued to the participants to a case in accordance with the rules of procedure of the Constitutional Court. If the dissenting opinions of judges are appended to the case, they shall be published in the official gazette Latvijas Vēstnesis not later than within two months after making of the Constitutional Court judgement.

(2) The Constitutional Court shall publish the collection of Constitutional Court judgments once a year in which all judgments and dissenting opinions of judges appended to cases shall be included in their entirety.

[30 November 2000; 6 March 2008; 10 December 2009]

Chapter IV
Status of a Constitutional Court Judge

Section 34. Obtaining of Income, Combining of Offices and other Restrictions for Judges of the Constitutional Court

(1) Restrictions for obtaining of income and combining of offices for judges of the Constitutional Court, as well as other restrictions and duties thereof are specified in the law On Prevention of Conflict of Interest in Activities of Public Officials. The office of a judge may not be combined with a membership in a political party.

(2) A judge of the Constitutional Court shall have the right to perform official duties in an international court or represent the Republic of Latvia, by holding office in an international institution, if it is does not contradict the law On Prevention of Conflict of Interest in Activities of Public Officials, and the Constitutional Court has agreed to fulfilment of such office. Consent shall be given by taking a respective decision in a secret ballot with an absolute majority vote of all court members.

(3) The Constitutional Court may suspend the term of office of such judge of the Constitutional Court, who is fulfilling official duties in an international court or is representing the Republic of Latvia, by holding office in an international institution, for the time period when the judge holds the relevant office, but not longer than for three years. The term of office of the Constitutional Court judge shall not be extended by the time period for which his or her term of office was suspended.

(4) If a judge of the Constitutional Court combines the office of judge with other offices or activities, he or she shall ensure that the dignity and honour of a judge, impartiality and independence of the court are preserved.

[6 March 2008]

Section 35. Immunity of a Constitutional Court Judge

(1) Only the Prosecutor General may initiate criminal proceedings against a Constitutional Court judge. Commencement of criminal prosecution against a Constitutional Court judge as well as his or her imprisonment shall not be permissible without the consent of the Constitutional Court. For this decision to be taken, an absolute majority vote of all the court members shall be necessary.

(2) Detention, forced conveyance and subjection to a search of a Constitutional Court judge shall take place only with the consent of the Constitutional Court. These issues shall be examined by the Constitutional Court in the composition of three judges.

(3) [3 September 2020]

[30 November 2000; 3 September 2020]

Section 36. Disciplinary Liability of a Constitutional Court Judge

(1) A Constitutional Court judge may be subject to disciplinary liability regarding:

1) breach of the restrictions specified in Section 34 of this Law;

2) failure to fulfil official duties;

3) reprehensible conduct;

4) [3 September 2020].

(2) A disciplinary case may be initiated by the President of the Constitutional Court, his or her deputy, or not less than three Constitutional Court judges.

(3) A disciplinary case shall be prepared for examination by a judge assigned by the President of the Constitutional Court or his or her deputy.

(4) A disciplinary case shall be examined by the Constitutional Court with the participation of all the members of the Constitutional Court who are not prevented from participating in a court hearing due to the state of health or other objective circumstances. A judge with respect to whom a disciplinary case has been initiated shall not be in the composition of the court. Composition of the court in such a case shall include not less than four judges. A hearing shall be chaired by the President of the Constitutional Court or his or her deputy.

(5) A decision in a disciplinary case shall be taken by the Constitutional Court with a majority vote, except for the case provided for in Section 10, Paragraph three. In the event of a tied vote, a disciplinary case shall be terminated.

(6) When examining a disciplinary case, the Constitutional Court may do the following:

1) impose a disciplinary punishment;

2) dismiss the disciplinary case.

(7) Disciplinary punishments, which the Constitutional Court may impose on a judge, shall be as follows:

1) a reproof;

2) a reprimand;

3) reduction of the monthly wage for a period of up to one year, withholding up to 20 % of the monthly wage;

4) dismissal from office according to Section 10, Paragraph three of this Law.

(8) Imposition of a disciplinary punishment shall not preclude a Constitutional Court judge from criminal and material liability.

[30 November 2000; 16 December 2010; 3 September 2020]

Chapter V
Financing of the Constitutional Court, Work Remuneration and Social Guarantees of Judges

Section 37. Financing of the Constitutional Court

The Constitutional Court shall be financed from the State budget. The Constitutional Court shall be financed so as to ensure the independence of the Constitutional Court and an efficient performance of the constitutional supervision function.

[3 September 2020]

Section 38. Remuneration of a Constitutional Court Judge

The remuneration of a Constitutional Court judge shall be determined in accordance with the Law on Remuneration of Officials and Employees of State and Local Government Authorities.

[16 December 2010]

Section 39. Social Guarantees of Constitutional Court Judges

[16 December 2010]

Chapter VI
Constitutional Court Officials and Employees

Section 40. Constitutional Court Officials and Employees

(1) The President of the Constitutional Court shall, within the scope of the budget, determine the Constitutional Court's internal structure, staff position list of officials and employees, and also the official who shall ensure and be responsible for the administrative work (organising of record-keeping, personnel management, financial management, material and technical facilities etc.) of the Court.

(1¹) The administrative work of the Constitutional Court shall be organised and ensured by the Head of the Administration. All officials and employees of the Constitutional Court who work on the basis of employment contracts shall be under the subordination of the Head of the Administration.

(2) Employment relationship of the Constitutional Court officials and employees shall be regulated by the Labour Law. The assistant to a judge of the Constitutional Court shall be hired for the term of office of the judge of the Constitutional Court, but the advisor and assistant to the President of the Constitutional Court - for the term of office of the President of the Constitutional Court.

(3) The remuneration (for example, monthly wages, supplements, social guarantees) of Constitutional Court officials and employees shall be determined in accordance with the Law on Remuneration of Officials and Employees of State and Local Government Authorities.

[19 June 2003; 1 December 2009; 10 December 2009; 3 September 2020]

Transitional Provisions

1. If at the moment of the first hearing of the Constitutional Court all the members of the Constitutional Court have taken up fulfilment of the duties of office, the Constitutional Court shall elect a President of the Constitutional Court according to the procedures laid down in Section 12 of this Law, but if not all the members of the Constitutional Court have taken up fulfilment of the duties of office at this moment, the Constitutional Court shall elect an Acting President of the Constitutional Court by a simple majority vote of the number of Constitutional Court judges who have taken up fulfilment of the duties of office. An Acting President of the Constitutional Court may only be a Constitutional Court judge who has taken up fulfilment of the duties of office.

2. An Acting President of the Constitutional Court has all the rights of a President of the Constitutional Court until the moment when the President of the Constitutional Court is elected.

3. The monthly base wage for Constitutional Court judges in 2003 shall be paid in the amount that is defined until 30 June 2003.

[19 June 2003]

4. The monthly base wage of Constitutional Court judges in 2004 shall be paid in the amount of 80% of the monthly base wage specified in Section 38 of this Law.

[19 June 2003]

5. In 2009, the remuneration (the monthly base wage, bonuses, etc.) specified in accordance with this Law shall be determined in accordance with the Law on Remuneration of Officials and Employees of State and Local Government Authorities in 2009.

[12 December 2008]

6. [16 December 2010]

7. [16 December 2010]

8. The new wording of Section 4, Paragraph two of this Law, which determines the requirements for a person who is applying for the office of a judge of the Constitutional Court, shall not be applied to a person who has been appointed as a judge of the Constitutional Court until the day of coming into force of these requirements.

[10 December 2009]

9. Section 19.³ of this Law shall not be applied to applications which have been submitted to the Constitutional Court until the day of coming into force of this Section. In relation to the laws and regulations referred to in Section 19.³ of this Law, which have come into force prior to coming into force of the abovementioned Section, an application for initiating a case may be submitted within six months from the day of coming into force of this Section.

[10 December 2009]

10. The norms of this Law that provide that a case shall be prepared within five months and the submission term for the written answer is at least two months shall not apply to cases which have been initiated until the day of coming into force of this norm.

[10 December 2009]

11. A one-time compensation shall be disbursed to the Constitutional Court judges. It shall be calculated as the net difference between the monthly wage to be disbursed to a Constitutional Court judge in accordance with the wording of Paragraph 20, sentence three of Transitional Provisions of the law On Judicial Power that would have been in force on 1 January 2011, in compliance with the wording of Section 38 of the Constitutional Court Law that was in force on 16 December 2010, and the monthly wage stipulated for a Constitutional Court judge in Section 6.¹ of the Law on Remuneration of Officials and Employees of State and Local Government Authorities. The compensation shall not be subject to taxes.

[16 December 2010]

12. Section 19.², Paragraph four, sentence two of this Law shall not apply to applications which have been submitted to the Constitutional Court until 1 July 2011. A Constitutional complaint regarding infringement of the fundamental rights which has occurred prior to 1 July 2011 and complies with the requirements of Section 19.², Paragraph four, sentence two of this Law may be submitted until 1 January 2012.

[19 May 2011]

13. Amendments to Section 19.³ of this Law providing for the procedures and time periods for appealing against spatial planning or local planning shall be applicable to spatial planning or local planning which have been drawn up in accordance with the Spatial Development Planning Law. Applications regarding the initiation of a case in relation to spatial planning or detail planning which have been drawn up in accordance with the Spatial Development Planning Law may be submitted to the Constitutional Court within six months after the day of coming into force of the relevant binding regulations.

[1 December 2011]

14. Section 9, Paragraph three of this Law, after coming into force thereof, shall also be applicable to a Constitutional Court judge whose term of office was suspended prior to coming into force of Section 9, Paragraph three of this Law.

[5 September 2013]

15. The exception specified in Section 11, Paragraph four of this Law (in relation to cases where the decision to stay court proceedings has been taken in order to submit a question to the Court of Justice of the European Union regarding the validity or interpretation of a provision of a European Union law) shall also be applicable to the judge who was in the composition of the court that took such decision until 30 March 2017, and the office of the relevant judge shall expire on 31 March 2017.

[16 March 2017]

The Law has been adopted by the Saeima on 5 June 1996.

President G. Ulmanis

Rīga, 14 June 1996

¹ The Parliament of the Republic of Latvia

Translation © 2021 Valsts valodas centrs (State Language Centre)