Today, on 29 May, a bilateral meeting between the Constitutional Court of the Republic of Latvia and the Austrian Constitutional Court took place in Riga. It focused on the role of the courts in protecting constitutional identity in the European judicial area, as well as on recent case-law on freedoms of assembly and association.
The meeting was opened by the President of the Latvian Constitutional Court, Ms Irēna Kucina, and the President of the Austrian Constitutional Court, Mr Christoph Grabenwarter. Irēna Kucina emphasised: “Cooperation between constitutional courts is not an option, but a prerequisite for the vitality of constitutional thought in Europe and for the ability of courts to respond to global challenges to democracy and the protection of fundamental rights, even in difficult geopolitical circumstances. This cooperation shows that courts speak through judgments but develop through dialogue – by exchange of experience, trust and working together to strengthen the rule of law.”
Christoph Grabenwarter pointed out that “The Austrian Constitutional Court and the Constitutional Court of Latvia are united by a long-standing and close cooperation grounded in a shared understanding of values. Constitutional courts have a strong voice in Europe, ensuring a balance between the protection of fundamental rights and the sustainability of a democratic state.”
The first panel session of the meeting focused on national constitutional identities. It is not a state's dissociation from the European judicial area, but a constitutional basis for participation in it. Constitutional identity allows a state to participate in the common European legal order while safeguarding the principles that form the core of an independent state's constitutional order. For Latvia, these issues are closely linked to the continuity of the state and the protection of the Latvian language as an element of its constitutional identity.
It was stressed during the meeting that constitutional identity must not become an argument in favour of dissociation. It should strengthen the resilience of democracy while promoting openness, pluralism, and the protection of fundamental rights. That is why judicial dialogue, a culture of mutual trust, and diligent constitutional reasoning are of particular importance in resolving such issues.
The second panel session of the meeting focused on the challenges of freedoms of assembly and association. These freedoms are the foundation of a democratic society, as they allow people to express their views, defend their interests, and participate in public life together. At the same time, in today's Europe, the exercise of these freedoms must increasingly be seen in the context of political polarisation, security risks, disinformation, and the resilience of democracy. Constitutional courts must therefore strike a balance between individual liberty, public order, and the protection of the democratic order.
The Constitutional Court of Latvia and the Austrian Constitutional Court share a long-standing professional cooperation and a common understanding of the role of constitutional courts in Europe. Both courts are actively involved in the work of the Venice Commission and the World Conference on Constitutional Justice.