Date of the judgment: 07.06.2012.
Official publication: 12.06.2012.
On Compliance of Para 4 of Section 6 (2) of Law on the Rights of Landowners to Compensation for Restrictions on Economic Activities in Specially Protected Nature Territories and Microreserves with the First Sentence of Article 91 and Article 105 of the Satversme of the Republic of Latvia
Case short name: The Compensation for Microreserve, the Black StorksConstitutional Court held:
1. To recognise Para 4 of Section 6(2) of the Law on the Rights of Landowners to Compensation for Restrictions on Economic Activities in Specially Protected Nature Territories and Microreserves, insofar as it envisages the requirement that the title to property must be registered in the Land Register prior to the establishment of restriction on forestry activities as incompatible with the first sentence of Article 91 of the Satversme of the Republic of Latvia.
2. To recognise Para 4 of Section 6(2) of the Law on the Rights of Landowners to Compensation for Restrictions on Economic Activities in Specially Protected Nature Territories and Microreserves, insofar as it envisages the requirement that the title to property must be registered in the Land Register prior to the establishment of restriction on forestry activities with regard to Sandis Cīrulis and other persons, who have initiated judicial proceedings for the protection of their fundamental rights infringed by Para 4 of Section 6(2) of the Law on the Rights of Landowners to Compensation for Restrictions on Economic Activities in Specially Protected Nature Territories and Microreserves, incompatible with the first sentence of Article 91 of the Satversme of the Republic of Latvia as of the date of its adoption.
Press-releases
- The Constitutional Court recognized the norm establishing the possibility to grant compensation for restriction of forestry actions to a lawful manager of immovable property as unconstitutional
- The Constitutional Court initiates a case with regard to a legal norm, which defines the moment, as of which a person is entitled to compensation in case the use of property is restricted