1.3 Basic elements of Constitutional system

The constitution defines fundamental principles and rights of political system and structure of the parliament, president of the state and the Cabinet of Ministers as well as basic features of decision making processes. It states the main functions of the state - legislation, state finance, rule of law, state administration and control as well as national defence.

According to the principle of division of state power, legislative power belongs to the institutions of state representation - Latvian parliament or Saeima, entire nation and national referendum with participation of citizens having the right to vote.

Executive power is divided between the President and the Cabinet of Ministers having explicit duties including legislation functions. Independent courts realise jurisdiction.

The President nominates the person forming the Cabinet of Ministers. The Cabinet of Ministers require trust of the Parliament. The Prime Minister and ministers are responsible before the Parliament. The Prime Minster has to submit a governmental declaration and nominate the members of government.

The Cabinet of Ministers is responsible for its policy before the Parliament. If the Parliament supports the policy, the Cabinet of Ministers receives trust of the Parliament - this means consensus on the main political views and their realisation.

The Parliament controls the government. The parliamentarian commissions have rights to ask necessary information and explanations to ensure their work. They have right to ask and receive answers from ministers and municipal institutions as well as they are entitled to ask explanations to individual representatives of the ministries and local authorities.

The State President announces laws adopted by the Parliament, performs functions of the "upper house of the parliament" and initiates referendum for the reprieved laws.

 

Parliament

The Parliament is a representative institution of the nation formed by citizens of Latvia. It is one-chamber multiparty parliament that performs decision making functions. The parliament consists of one hundred parliamentarians who are elected on general, equal, direct, by closed ballot and proportional elections. Elections are held each four years and only Latvian citizens participate. Voters cannot recall elected individual members of the Parliament.

The Constitution of Latvia gives wide and diverse functions and authorities to the Parliament. It is responsible for management of legal, administrative and economic life of the state. Firstly, the Parliament performs legislative function - it approves the state budget, controls, elects, appoints and displaces officials. The Parliament realises administratively economic, defence, federative, legal (checking the powers of deputies as well as giving to trial parliamentarians or the State President) and other functions. The Parliament approves international agreements. With the trust of parliamentarians the Government, the Prime Minister and the President are appointed. Later for their activities the Government and the President are responsible before the Parliament.

Draft laws may be passed to the Parliament by the President, the Cabinet of Ministers, parliamentarian commissions, not less than five deputies as well as by one tenth of voters in the national elections according to cases envisaged in the Constitution.

Annually, the Parliament decides on the budget, the draft of which is presented by the Cabinet of Ministers. In case if the Parliament decides on issues that are connected with expenses not indicated in the budget - it has to provide funds from which these expenses will be covered.

 

Figure I.1.1: Political system of Latvia (modified Rajevskis and Rajevska,1999)


Relevant legislative documents and institutions

Normative documents that regulate activities of the Parliament, link to texts in Latvian: www.likumi.lv/?inc=tema.php&id=40

Rules of Parliamentary Procedure (28.07.1994), link to text in English:

www.saeima.lv/Likumdosana_eng/likumdosana_kart_rullis.html

Parliament of the Republic of Latvia (Saeima) www.saeima.lv

 

President of the State

President is elected by the Parliament for the period of four years in secret ballot with not less than 51 vote of the Parliament. President is dissolved in secret ballot by voting of not less has two thirds of its members. Position of the President of the State may not be connected to any other administrative position and the President must not be elected for the period longer than eight years. The President does not bear political responsibility for its actions.

The President represents the state internationally; he/she nominates and receives diplomatic ambassadors. He/she executes decisions of the Parliament on ratifying international agreements; he/she is the highest manager of the state military force.  The President has amnesty rights for those the sentence is legally in force. The President accepts attestation of the judges and manages the National Safety Council. He/she have suspensive veto rights to ask for the second review of the law as well as rights to stop publishing law for a period of two months. The State President has rights to initiate legislation, require and receive information, give advice, call and lead extraordinary sessions of the Cabinet of Ministers. He/she is entitled to encourage dissolving of the Parliament, soon after this action a national referendum has to be organised.

Relevant legislative documents and institutions

Legislative acts that regulate activities of the President of the State, link to texts in Latvian: www.likumi.lv/?inc=tema.php&id=43

Institution of the President of the Republic of Latvia www.president.lv

 

The Cabinet of Ministers

Executive power is realised by the help of state administration institutions. The Cabinet of Ministers realises subordination over state administration organisation (institutional subordination) and over functions of state administration (functional subordination). This is realised by separate member of the Cabinet of Ministers directly or by means of direct administration institution, its structural unit or official. The state administration is organised in a single hierarchical system.

In Latvia the government is formed by the Cabinet of Ministers. It consists from Prime Minister and his invited ministers. The Cabinet of Ministers that get together in their meetings discusses draft laws developed by relevant ministries, issues related to activities of several ministries as well as issues related to state policy initiated by any of the Cabinet's Member.

The person, invited by the State President, forms the Cabinet and nominates ministers. The Cabinet of Ministers have to receive voting of trust from parliamentarians. Ministers are responsible before the Parliament. As the Cabinet of Ministers is the highest institution of executive power, it is responsible for implementing decisions of the Parliament. The Parliament, State Control, prosecutor's offices and courts controls the activities of the Cabinet of Ministers.

The Cabinet of Ministers is independent from the Parliament. The Parliament is not able to withdraw legislation adopted by the Cabinet of Ministers; however, the Parliament has rights to submit application to the Constitutional Court about inadequacy of respective legislation act to law or to the Constitution. The State Control monitors the Cabinet of Ministers, its financial activities and operations with property of the State. The State Control is entitled to examine all institutions possessing property of the State or financed from the State Budget.

In 2007 the Cabinet of Ministers consists of Prime Ministers and invited by him 15 ministers: minister for defence, minister for foreign affairs, minister for economics, minister for finance, minister for interior, minister for education and science, minister for agriculture, minister for transport, minister for welfare, minister for justice, minister for environment, minister for culture, minister for health, minister for regional development and local governments and minister for children and family affairs. The Prime Minister may appoint a state minister to manage some particular policy branch that is included in the competence of a ministry. The state minister manages the policy branch of his/her competence independently; however, he/she acts in good communication with the minister under which ministry umbrella he/her is operating.

The state minister may participate with a deliberate function in the sessions of the Cabinet of Ministers. He has right to vote only on the issues concerning his/her policy branch. In addition to his direct responsibilities, the Prime Minister may permanently lead the work of one ministry. The Prime Minister may invite one Deputy Prime Minister as freeman of the Cabinet and one or several ministers for special assignments. Since 7 November 2006 in the government of the Prime Minister Aigars Kalvītis there are minister for special assignments for electronic government affairs, minister for special assignment for society integration affairs and minister for special assignment for administration of European Union funds.

In the ministries according to suggestion of ministers the Prime Minister may appoint parliamentary secretaries. They help to maintain contacts between the ministries and the Parliament and its commissions.

The Cabinet of Ministers is a collegial institution adopting decisions in the meetings of the Cabinet of Ministers. They are chaired by the Prime Minister. The Cabinet of Ministers reviews policy planning documents, external and internal legislation, orders of the Cabinet of Ministers, informative reports, national positions and opinions. Legislative acts are published in the official newspaper "Latvijas vēstnesis" (Messenger of Latvia) after they have been approved in the meeting of the Cabinet of Ministers.

The law states that the Cabinet of Ministers may form committees of the Cabinet of Ministers. These committees prepare issues that will be reviewed in the meetings of the Cabinet of Ministers. The existing Cabinet of Ministers has a single Committee. It deals with draft policy planning documents and draft legislation acts that are not coordinated between institutions and that are not agreed on the State Secretary Meetings.

The Cabinet of Ministers has legislative rights; rights to appoint a broad range of civil servants or approve their status. The Cabinet of Ministers discusses or decides on all issues within its scope of competence pursuant to the Constitution and laws. The Cabinet of Ministers is the main in producer of draft laws. Draft laws are developed in ministries. Prior to submitting draft laws in the Parliament, the Cabinet of Ministers review and adopt these legislative acts in its meetings. The Cabinet of Ministers has rights to issue legislative and non-legislative acts. Legislative acts are of imperative character but non legislative acts have only recommendation character. The Cabinet of Ministers may issue regulations on administration, instructions, recommendations, orders, and decisions of protocol. The regulations of the Cabinet of Ministers are the most common legislation act issued by the government.

Instructions belong to the legislative acts issued by the Cabinet of Ministers. They are normative acts that are compulsory only for institutions mentioned in the instruction - for the State Chancellery, ministries and institutions that are subordinated to ministries. Instructions of the Cabinet of Ministers have internal character. However, instructions are taken into account by all those who are involved in the relevant field of governance. Recommendations of the Cabinet of Ministers have advisory character. Most often they are addressed to local self-governments. Irrespective of the addressee, it has choice of freedom to act differently than it is envisaged in the recommendation. Orders of the Cabinet of Ministers give definite tasks and settle other administrative issues. These orders are of single character. They may be addressed to both physical and legal persons. Secret decisions of the Cabinet of Ministers are issued according to the Law "On the State Secret" and they contain secret information.

At the Cabinet of Ministers draft legal acts are initially announced and considered at the State Secretaries' Meeting where they decide upon further procedure - coordination and discussion. State Secretaries' meetings announce draft legal acts on which the ministries and other institutions listed in the meeting's protocol have to present within two weeks their opinion on these drafts. During this period representatives of non-governmental organisations can also present their opinions as all draft legal acts are made public.

State Secretaries' meeting considers draft legal acts for which no agreement was reached during the coordination procedure, approves a list of drafts cancelled and not progressed for consideration by the Cabinet of Ministers, as well as considers fulfilment of the tasks included in laws, decisions, legal acts and orders of the Prime Minister. State Secretaries' meetings are chaired by the Director of the State Chancellery and usually take place once a week. Voting members of the meetings are the Chief of the Deputy Prime Minister's Office, ministerial State Secretaries, Heads of Secretariats of the ministers for special assignments, Director of the State Chancellery and Head of the Corruption Prevention and Combating Bureau. Participants in the advisory capacity can be officials of the State Chancellery, representative of the State Control, representative of the General Prosecutor's Office, Parliamentary Secretaries, representative of the Latvian Association of Local Governments, representative of the Public Services Regulatory Committee, representative of the National Trilateral (state - employers - employees) Cooperation Council, representative of the National Regional Development Council, representatives of non-governmental organisations and other persons invited by the Director of the State Chancellery (for consideration of a specific issue in the agenda).

 

Figure I.1.2: State administration institutions (source: http://tpi.mk.gov.lv/ui/ )

 

Relevant legislative documents and institutions

Law on Structure of the Cabinet (adopted 01.04.1925; renewed 15.07.1993), link to text in English: www.mk.gov.lv/en/mk/darbibu-reglamentejosie-dokumenti/mk-iekartas-likums/

Regulations of the Cabinet of Ministers Nr.111 "Rules of Procedure of the Cabinet of Ministers" (adopted 12.03.2002), link to text in English: www.mk.gov.lv/en/mk/darbibu-reglamentejosie-dokumenti/kartibas-rullis/

Cabinet of Ministers' regulations no. 263 "Rules of the State Chancellery" (adopted 20.05.2003), link to text in English: www.mk.gov.lv/en/vk/nolikums/

State Administration Structure Law (adopted 21.06.2002), link to the text in English: www.ttc.lv/index.php?&id=10&tid=59&l=LV&seid=down&itid=13801

The Cabinet of Ministers of the Republic of Latvia: www.mk.gov.lv

Structure of Ministries Law (adopted 6.02.1997), link to text in English:

www.ttc.lv/index.php?&id=10&tid=59&l=LV&seid=down&itid=13704

State Civil Service Law (adopted 7.09.2000), link to text in English:

www.ttc.lv/index.php?&id=10&tid=59&l=LV&seid=down&itid=13756

Data bases of public administration institutions:  http://tpi.mk.gov.lv/ui/

 

Judiciary power

Judiciary power is the state's administration form realising jurisdiction. The Parliament approves judges and they cannot be dismissed. Legal proceeding is carried according to the legislation of the Republic of Latvia.

In the Republic of Latvia the judiciary power belongs to district (city) courts, regional courts, the Supreme Court and the Constitutional Court. Courts act according to definite hierarchy. As a result, cases viewed in the court of lower level may be reviewed in the court of higher instance according to the cases defined by the law. District (city's) courts are the first instance courts for civil cases, criminal cases and administrative cases. Regional court may be both the court on the first instance and court of appeal. It is the court of first instance in cases when it is clearly defined by the Law on Civil Proceedings or the Criminal Process Code that the particular case shall be heard in regional court. Usually they are more complex or voluminous cases. In the Republic of Latvia there are six regional courts - Regional Court of Riga, Regional Court of Kurzeme, Regional Court of Latgale, Regional Court of Vidzeme, Regional Court of Zemgale and Administrative Regional Court.

Land Book divisions to manage Land Book or register are structural units at regional courts. Judges of the Land Book have legal status like judges of district (city's) courts. They register land, building or flat real estate properties in the Land Book and secure legal rights connected to real estate.

Supreme Court of the Republic of Latvia comprises of Senate and two judicial chambers: Civil Cases Chamber and Criminal cases Chamber. Court Chamber is appellation institution in cases that have been viewed by regional court as the court of first instance. Senate of Supreme Court is cassation institution in cases that have been viewed by district (city's) courts and regional courts. Senate of Supreme Court is the first instance in cases that concerns decisions of the Council of the State Control.

Constitutional Court examines cases on normative acts compliance to the Constitution as well as mutual hierarchy of these normative acts. Constitutional Court consists of seven judges that are approved by the Parliament on the term of ten years in accordance with special nomination procedure.  Cases in the Constitutional Court are review by collegial manner - in full or by three judges. Rights to submit an application on the cases on normative acts compliance to the Constitution have the State President, at least twenty deputies of the Parliament, the Cabinet of Ministers, Chief Prosecutor, the Council of State Control, the council of self-government, Ombudsman Bureau, a court, a judge of Land Book division, and a legal person if its fundamental rights defined by the Constitution are violated.

Prosecutor's Office is judiciary institution that supervises compliance with legislation. Its objective is to react on cases of law violation and to ensure the decision on these cases according to the order defined in legislation.

Competence of the Ministry of Justice is the administration of courts, it approves methodical guidelines for district (city's) courts, regional courts and Land Register divisions to organise their administrative work. The Ministry requires information necessary to fulfil its functions and supervises organisational management.

Ombudsman is independent in its activities and he subordinates only to laws. He/she is the official approved by the Parliament and its functions are: to favour protection of rights and legal interests of private persons, avoid any discrimination, evaluate and promote good governance principles in state administration and human rights. Ombudsman has to find drawbacks in legislation and its appliance as well as promote public information and understanding of human rights and their protection. Ombudsman institution has started operating since the beginning of 2007.

Relevant legislative documents and institutions

Law on Judiciary Power (adopted 15.12.1992), link to the text in English: www.ttc.lv/index.php?&id=10&tid=59&l=LV&seid=down&itid=13713

Law on the Prosecutor's Office (adopted 19.05.1994), link to the text in English: www.ttc.lv/index.php?&id=10&tid=59&l=LV&seid=down&itid=13754

Land Register Law (adopted 22.12.1937), link to the text in English: www.ttc.lv/index.php?&id=10&tid=59&l=LV&seid=down&itid=15686

Law on Ombudsmen (adopted 25.04.2006.), link to the text in English: www.ttc.lv/index.php?&id=10&tid=59&l=LV&seid=down&itid=15639

Law on Constitutional Court (adopted 05.06.1996), link to the text in English: www.ttc.lv/index.php?&id=10&tid=59&l=LV&seid=down&itid=15821

Legislative documents that regulate judiciary power, link: to texts on Latvian www.likumi.lv/?inc=tema.php&id=39

Prosecutor's Office of the Republic of Latvia: www.lrp.gov.lv

Portal of Latvian Courts: www.tiesas.lv

 

Figure I.1.3: Hierarchy of courts (Portal of Latvian Courts, accessible at www.tiesas.lv/index.php?id=49)