Esteemed President of the Constitutional Court!
Honourable Judges!
Esteemed Speaker of the Saeima!
Honourable Mr. Jóhannesson!
Ladies and Gentlemen!
I extend my congratulations to the Constitutional Court on the commencement of a new judicial year!
The Constitutional Court holds a special role in Latvia in safeguarding democracy and the rule of law. It ensures a just balance between the interests of the state and those of the individual. The Constitutional Court stands as a guardian of our democracy and, by extension, of Latvia itself.
This is no easy task. Its execution demands extensive professional knowledge and meticulous attention to the circumstances of each case. It requires a genuine understanding of current affairs in Latvia, Europe, and the wider world. It necessitates the ability to recognise, comprehend, and mitigate threats.
The security of democracy is inextricably linked to the security of the state. The Constitutional Court has reinforced and developed the principle of a self-defencing democracy. A democratic state not only has the right but also the duty to safeguard the values upon which democracy is founded. The abuse of democracy cannot be tolerated.
All these considerations remain ever-present in the work of the Constitutional Court. It must be independent. Where shortcomings are identified, the Constitutional Court must criticise the actions of other branches of state power with both courage and sound reasoning. The Constitutional Court is not meant to be ‘convenient’— not for the legislature, not for the executive, and not even for the judiciary itself. In the Constitutional Court, we address differences of opinion with respect, even in the most sensitive of matters.
The rulings of the Constitutional Court are final and not subject to appeal. The law clearly stipulates that the judgments of the Constitutional Court and the legal interpretations contained therein are binding for all institutions and officials. They must be observed by all, even by those who may not personally support them.
The implementation of Constitutional Court rulings requires timely and effective cooperation between the legislature and the executive. Therefore, I call upon the Cabinet of Ministers and the Saeima to consider the possibility of establishing a clearer process for the enforcement of Constitutional Court decisions. There should be a designated responsible institution tasked with ensuring that state authorities fulfil their obligations in accordance with the Constitution.
As I have already mentioned, the Constitutional Court's mandate includes finding a balance between the interests of the state and those of the individual. The protection of fundamental human rights is one of the core responsibilities of a democratic state governed by the rule of law. Therefore, we must strive to ensure that the Constitutional Court is truly accessible to all who seek to defend their constitutionally guaranteed fundamental rights. The right to a fair trial also entails access to the courts. The state has a duty to guarantee access to justice for those who lack the financial means to pay for legal assistance.
Since 1 January 2019, the state has provided legal aid in Constitutional Court proceedings when necessary. This is a correct and significant step towards ensuring truly accessible justice. However, only a small number of requests for state-funded legal aid in Constitutional Court proceedings are granted. This may be due to a large proportion of the requests are indeed unfounded. But it is also because this mechanism does not function with sufficient efficiency. In any case, this is an issue of sufficient importance to be addressed now, rather than in the future. Resolving it will be yet another step towards strengthening public trust in the state.
Ladies and gentlemen!
We bear the responsibility for ourselves, for Latvia, and for its security. I am confident that the Constitutional Court will continue to ensure that we avoid extremes, that we find the golden mean, and that together we can build a strong, just, and secure Latvia and world.
I wish the Constitutional Court a successful new judicial year! May your minds be sharp, your pens sharp, and your thoughts clear!
