Honourable Madam Speaker of the Saeima!
Mr President of the German Federal Constitutional Court, Mr President of the Supreme Court!
Excellencies!
Ladies and Gentlemen!
Dear audience – both in the Constitutional Court and online!
Colleagues and friends of the Court in Latvia and abroad!
Dear people of Latvia!
I
At this solemn hearing of the Constitutional Court, we open the new judicial year of the Court, look back at the cases heard in the previous year and highlight takeaways that have particularly contributed to the development of constitutional law and our state. The report on the development of constitutional law in Latvia and the work of the Constitutional Court is a conversation with our people.
II
Ladies and Gentlemen!
Last year, the Constitutional Court resolved a number of important issues, continuing to address the challenges of national security and the protection of the democratic state order, as well as the central role of human dignity despite the challenging circumstances encountered.
To sum up the performance indicators of the Court, in the last year the Constitutional Court examined 19 cases, adopting 16 judgements and three decisions to terminate the proceedings. The judgements assess the constitutionality of 43 legal provisions. 21 legal provisions were declared compatible with the Constitution, and 18 legal provisions were deemed incompatible with the Constitution. On 4 occasions the review of the constitutionality of a legal norm was terminated.
Two decisions were adopted to refer the matter before the Court of Justice of the European Union for a preliminary ruling – on the mortgage borrower protection fee and on the legal interest to acquire building rights on state-owned forest land in order to install wind farm.
The first of these cases has already had a wide resonance, with the Constitutional Court raising the standard for dialogue between EU Member States and the European Central Bank. The outcome of the case may affect not only Latvian mortgage borrowers and banks, but also “procedural discipline” across the EU – how the laws related to the financial sector will be adopted in the future.
III
The universality of our Constitution is reinforced by the wisdom that flows from its application, grounded in a modern understanding of human dignity, freedom and responsibility towards society. These are not just words – the Constitution is being fleshed out more and more dynamically every year. Through our judgements, we see that the Constitution is not meant for isolated cases disconnected from life – it sees people first in a changing world.
Colleagues, I would like to highlight some of the cases examined by the Court:
- When examining the prohibition to conduct paid pre-election campaigning in Russian, the Constitutional Court emphasised that, although the regulation on the use of language affected the freedom of expression of political parties, it had to be assessed in the light of the current geopolitical circumstances. The Constitutional Court recognised that Russia posed a constant threat and had an interest in Latvia’s socio-political developments. This is evidenced, inter alia, by the Russian Foreign Ministry’s 2024 report on so-called violations of the rights of Russian citizens and diaspora abroad, which describes Latvia as one of the most “Russophobic” countries. Various informational tools are widely used to increase tensions in Latvian society, undermine trust in State institutions and create preconditions for Latvia to change its political course towards Russia.
The Constitutional Court found that the regulation on the obligation to use the Latvian language in paid pre-election campaigning was aimed not at limiting diversity during the pre-election period, but at reducing the influence of Russian information operations during politically sensitive periods – in particular in the public information space, where the Russian language could serve as a channel for disseminating aggressive, anti-democratic narratives prepared in Moscow.
The volume of such activities in the Latvian public information space, combined with the growing security risks, makes it necessary to protect not only the security of Latvian society and the country’s democratic constitutional order, but also the security and democracy of the whole of Europe.
- In four other cases, the Court has comprehensively assessed different aspects of the rules governing proceedings related to proceeds of crime. Their conclusions confirm that, in general, proceedings related to proceeds of crime strike a fair balance between the interests of the person involved and those of society as a whole.
- Whereas in the case on dismissal of the Rēzekne City Council the Constitutional Court gave a clear signal: if the local government ends up in such a financial situation that requires involvement of major State resources, the financial stability and long-term development of the whole country is affected; and therefore the negative consequences affect the whole population of the country. The local government budget cannot be seen in isolation from the overall national budget system, so local authorities have a duty to have a real capacity to manage and be accountable for a significant part of public affairs in the interests of local people, within the limits set by law.
- The protection of human dignity permeated the approach to a case concerning the amount of State compensation for several victims in the event of the death of a person. The Court stressed that the difficulties of the public budget cannot be a reason to cut compensation and save money at the expense of respect for fundamental human rights. The inviolability of human dignity is only possible in a democracy whose security is also the security of our country.
- In the case on restrictions on the composition of electronic smoking devices and tobacco substitute products, the Constitutional Court recognised that, although commercial activity is important for the development of the State economy, the right to health protection directly applies to every person and is a precondition for the exercise of many other fundamental rights. Therefore, legitimate interests of individual economic operators cannot be placed above the interests of society as a whole.
The Court concluded that the addition of flavourings to nicotine-containing products is attractive and particularly tempting for children and young people to try them and start using them regularly, as evidenced by the significant increase in consumption among minors in recent years. The Court stressed the need to reduce the risks of the disease for future generations.
- In the case on the Jūrmala Spatial Plan, the Constitutional Court reaffirmed that a benevolent environment is the basis for the long-term existence and well-being of society. Balancing environmental interests with economic and social interests, and a comprehensive assessment of those, are indispensable elements of spatial planning.
A local government must not plan its territory chaotically or solely on the basis of assumptions. Citizens rely on legitimate expectations that planning documents are coherent, and without contradictions. If a local government does not rely on accurate data to determine exactly what economic and social interests require environmental intervention and whether potential environmental damage should be tolerated, it commits a serious procedural irregularity in its spatial planning.
- We also dealt for the eighth time with a case related to legal land use fees. The Constitutional Court emphasised that a balance between the protection of the rights of owners of buildings and the right of land owners to receive fair compensation had not yet been achieved. The fee for the ex lege right to use land received by the owner must not be symbolic or none at all.
In this case, the law as a guarantor of justice not only failed in its function, but even purposefully created injustice. A serious reset is therefore needed on this issue, which requires a meaningful dialogue between the various public institutions. The public and the courts expect that a definitive solution to this long-standing problem will be found.
IV
Dear audience!
The range of cases to be examined this year will also be wide, as 233 applications were received and submitted to the Constitutional Court Panels and 42 cases were initiated in the previous year. The number of applications has increased by more than half compared to last year.
These dynamics show that people are increasingly making use of the possibilities to protect their fundamental rights. As in previous years, the most frequently initiated cases last year concerned fundamental rights.
Here are the most important cases brought and pending this year:
- We are currently continuing to assess the use of minority languages in the public electronic media in public proceedings with the participation of the parties. A judgement in this case is expected at the end of March.
- In March, we will also start examining a case on the amount of support for restrictions on forest use due to micro-reserves, a case on noise assessment and management regulation, as well as a case on the inclusion of Murmastiene parish, Varakļāni parish and Varakļāni town in Madona municipality.
- In May, we will start examining the case on the reduced contribution rate for the second tier of pensions.
- We will also examine this year cases on restrictions of organising gambling in the administrative territory of local governments of Daugavpils and Riga state cities.
- Cases on the criteria and procedure for recognition of a religious organisation by a special law, as well as on the time-limit for claims for damages for harm to a patient’s life or health, are at an advanced stage.
V
Ladies and Gentlemen!
It should be noted that last year was also particularly significant in terms of the international and national activities of the Constitutional Court. The Constitutional Court has concluded a project of unprecedented scale in its history to support the constitutional justice in Ukraine.
In less than three years, this project has grown from a dialogue initiative into a structured cooperation platform that has significantly streamlined the work of the Constitutional Court of Ukraine, thus creating a bridge between the reality of war and European legal standards. I am proud of my colleagues who, through their work, helped to shape Latvia’s collective contribution to Ukraine’s struggle for freedom.
Latvia was also represented at the Sixth World Congress of the World Conference on Constitutional Justice. It was focused on challenges related to the conservation of natural resources, climate change, the protection of humanity’s cultural heritage, the constitutional independence of the judiciary, and access to science and new technologies. At the Congress, I stressed that every step towards digitalisation creates a kind of “digital shadow” in the legal reality. If not regulated in a timely and appropriate manner, this shadow has a negative impact on the legal system.
The Venice Commission equally was active throughout the year, including in the preparation of opinions. On the occasion of the 75th anniversary of the European Convention for the Protection of Human Rights and Fundamental Freedoms, the Constitutional Court organised an inter-sectoral discussion in an unprecedented format. Eminent personalities from different walks of life shared with the lawyers their experiences of how the fundamental rights guaranteed by the Convention have been reflected in the choices they have made in their lives.
Last year marked a breakthrough in our work with young people in Latvia, as the project “Embrace the Constitution” reached a significant scale – almost 30 schools in all regions of Latvia. During the lessons, the judges and staff of the Constitutional Court shared their knowledge and belief in a strong, legal and secure Latvia, inviting young people to become ambassadors of the values of the Constitution – not only to understand their rights, but also to be aware of their role in the country. In addition to the usual activities – the competition of creative works by schoolchildren and the Night of Museums – for the first time the Constitutional Court organised an educational event “Democracy Lab”, where high school students from all over Latvia together with judges discussed the importance of democracy in everyday life.
On the occasion of the 29th anniversary of the Constitutional Court, a new bookazineon social law was published. This is the fourth edition of the series on fundamental rights, which is a valuable contribution to the development of Latvian legal thought.
VI
Dear colleagues!
The Constitutional Court’s core function – adjudication – is not isolated and evolves with time. We make sure that the judicial process is always carried out as efficiently as possible.
The Constitutional Court, in cooperation with other state institutions, has made significant preparations to start as soon as possible the administration of court proceedings in the unified e-file system alongside all Latvian courts. We have also made significant progress in developing an artificial intelligence tool to strengthen the Court’s research work and to streamline the performance of judges and staff by improving the so-called four-eyes principle.
After several years of efforts, this year legal aid provided by the State to socially vulnerable persons in the Constitutional Court proceedings will also become more easily accessible. The improved system will become operational in spring.
The amendments to the Constitutional Court Law, which have been in preparation by judges and staff for more than a decade, will also enter into force imminently. Situations that the Court had previously dealt with as unregulated procedural issues were settled, including on change of proceedings, dialogue with the European Court of Justice and the European Court of Human Rights. The amendments also provide for improvements in the organisation of preparatory hearings, the expression and publication of individual opinions of judges, the understanding of the recusal of a Constitutional Court judge, and the introduction of an electronic case file. This is an important step forward in the development of the Constitutional Court proceedings – we are discarding the superfluous and taking over the best.
The amendments to our Regulations were adopted to facilitate the efficiency of the Constitutional Court proceedings and to promote the efficient use of the Court’s resources by abandoning the regulation on pronouncing a judgement by reading out its text in full. Henceforth, a judgement adopted at the court hearing with the participation of the parties to the case will be pronounced, outlining briefly the most important circumstances of the case and the conclusions of the judgement. This significantly improves the public perception of the substance of the ruling.
VII
Dear people of Latvia!
In conclusion, I would like to underline that the Constitutional Court, in forums of the highest level, has also identified threats to democracy, national security and the customary understanding of the balance of fundamental rights in a changing context of events. The role of the Court has been dynamically transformed in recent years, in line with the geopolitical situation.
The processes currently underway in Europe and globally will not be without consequences – they will have an overall impact on the development of fundamental rights protection. We will not shy away from the debate on whether, in the long term, we can look at the development of human rights in Europe through a common approach of proportionality assessment. It is premature to say that there will be a different standard of fundamental rights and that the scope of different provisions of the Constitution or the Convention will change – but the proportionality of the means used as a criterion will be constantly debated as a matter of controversy.
There is a growing debate on the need to reconsider the balance that has been struck so far between the protection of individual fundamental rights and national security interests. World events are demonstrating this trend: there are calls for a more flexible approach to the application of human rights, especially in the areas of migration, expulsion, security, public order and political freedoms.
This position is somewhat at odds with the traditional understanding that human rights must be guaranteed by the State, even in difficult circumstances. Increasing pressure for greater political discretion by States may therefore pose challenges to sustaining the gains made so far in human rights protection. At the same time, the reality on the ground – geopolitical threats, new types of migration pressure, information warfare and other challenges – may require a reassessment of the current balance, as it may in some cases threaten the democratic order of the State, as well as undermine the authority of human rights in society as a whole. If there is no State, there will be no fundamental rights to protect.
In order to ensure that legal reality is not divorced from the realities of life, legal dogmatics, and therefore case law, must be sufficiently open to the realities, the real context in which we find ourselves as a society. These circumstances have changed recently and continue to change rapidly – the law must respond.
However, I reiterate that the agenda is not to change the standard of fundamental rights protection as such, but to take into account the context of the security threat, which varies quite objectively from country to country. The Constitutional Court’s judgements are also as comprehensive as possible in highlighting our historical and geopolitical context, so to speak – “take a note, our situation is different”.
VIII
Dear audience!
The task of the Constitutional Court has remained unchanged over the years – to work every day to ensure that Latvia is a fair country for everyone. A country starts with the conviction that this is my place – where I am protected and needed. This conviction is then the basis for the work of the Constitutional Court, and it can best be described by the word belonging.
I thank the judges and staff of the Constitutional Court for their efforts and determination in achieving the results of the Court’s work. I would also like to thank all of you who are taking part in today’s formal session and the Latvian public for their appreciation of the work of the Constitutional Court!
As we begin the 30th anniversary year of the Constitutional Court, let us remember that the rule of law, democracy and the protection of fundamental rights are not abstract concepts, but principles that determine how the law operates in everyday life and how it affects people’s lives. Democracy only exists where the society participates and is ready to defend it!
Honoured to serve the Constitution!