CONSTITUTION OF THE REPUBLIC OF LATVIA

        (passed by the Constituent Assembly of Latvia,

                        Feb. 15, 1922)

  Amended in October 1998 (Articles 89-116)

 

The Latvian people have adopted, through their freely elected Constituent Assembly, the following Constitution:

 

SECTION ONE

GENERAL REGULATIONS

 

Article 1.  Latvia shall be an independent democratic Republic.

 

Art. 2.  The sovereign power of the Latvian State shall belong to the people of Latvia.

 

Art. 3.  The territory of the Latvian State shall consist of

Livonia, Latgale, Courland, and Zemgale, within the boundaries stipulated by international treaties.

 

Art. 4. The national flag of the Latvian State shall be red with a white stripe.

 

                          SECTION TWO

                    THE SAEIMA (PARLIAMENT)

 

Art. 5.  The Saeima shall consist of one hundred representatives of the people.

 

Art. 6.  The Saeima shall be elected by universal, equal, direct and secret vote, on the basis of proportional representation.

 

Art. 7.  Latvia being divided into separate electoral districts, the number of parliamentary representatives to be elected from each district shall be proportionate to the number of electors in that district.

 

Art. 8.  Latvian citizens of both sexes, who are in possession of all rights and who are over twenty‑one years of age on the first day of polling, shall have the right to vote.

 

Art. 9.  Any Latvian citizen who is over twenty‑one years of age on the first day of voting, may be elected to the Saeima.

 

Art. 10.  The Saeima shall be elected for a period of three

years.

 

Art. 11.  The parliamentary elections shall take place on the first Sunday in October and on the preceding Saturday.

 

Art. 12.  The newly‑elected Saeima shall hold its first sitting on the first Tuesday in November, on which day the powers of the previous Saeima shall have expired.

 

Art. 13.  Should the parliamentary elections, by reason of the dissolution of the previous Saeima, take place at another season of the year, the Saeima thus elected shall assemble not later than one month after its election, and its powers shall expire after two years, on the first Tuesday in November, on which day a new Saeima shall assemble.

 

Art. 14.  The electors may not recall any Members of the Saeima.

 

Art. 15.  The Saeima shall assemble in Riga.  It may assemble elsewhere only in extraordinary circumstances.

 

Art. 16.  The Saeima shall elect its Board, which shall consist of the President, his two Deputies and Secretaries.  The Board of the Saeima shall carry on its work uninterrupted throughout the duration of the legislative period.

 

Art. 17.  The first sitting of the newly‑elected Saeima shall be opened by the President of the preceding Saeima or by any other member of the Board charged by the Board.

 

Art. 18.  The Saeima itself shall examine the mandates of its members.

 

Art. 19.  The Board shall convene sessions and decree ordinary and extraordinary sittings.

 

Art. 20.  The Board shall convoke a sitting of the Saeima at the request of either the President of the State, the Prime Minister, or not less than one‑third of the Members of the Saeima.

 

Art. 21.  The Saeima shall draw up the Standing Orders for the regulation of its activities and its internal procedure.

 

Art. 22.  The sittings of the Saeima shall be public.  At the request of ten Members of the Saeima, the President of the State, the Prime Minister or any one Minister, the Saeima may decide, by a majority of not less than two‑thirds of the members present, to sit in camera.

 

Art. 23.  The sittings of the Saeima may take place if at least one‑half of the members are present.

 

Art. 24.  Except in cases otherwise provided for by the

Constitution, the Saeima shall pass its resolutions by the

absolute majority vote of the members present.

 

Art. 25.  The Saeima shall elect Committees, determine the number of their members and their duties.  The Committees shall be entitled to request the respective Ministers and Local Authorities to supply any information necessary for their work, and also to invite responsible representatives of the respective Ministries and Local Authorities to their meetings, for the purpose of obtaining explanations.  The Committees may carry on their work between the Sessions.

 

Art. 26.  At the request of not less than one‑third of its

members, the Saeima shall appoint parliamentary Enquiry

Committees to deal with special cases.

 

Art. 27.  The Saeima shall have the right to address to the Prime Minister, or to any other Minister, interpellations or questions to which they, or responsible officials empowered by them, shall reply.  At the request of either the Saeima or its Committees, the Prime Minister, or any other Minister, shall place at their disposal relevant papers and documents.

 

Art. 28.  The Members of the Saeima shall be exempt from

judicial, administrative and disciplinary prosecution, in

connection with their voting and with ideas expressed in the

execution of their duties.  Members of the Saeima, even in their public capacity, are liable to prosecution, if 1) they willfully spread defamatory information, or 2) they spread defamatory information about private or family life.

 

Art. 29.  Members of the Saeima may not be arrested or searched, nor may their personal liberty be restricted in any way, without the sanction of the Saeima.  Members of the Saeima shall be liable to arrest, if apprehended in the act of committing a crime.  The arrest of a Member of the Saeima shall be brought to the notice of the Board of the Saeima within twenty‑four hours.

A report shall be presented by the Board at the next sitting of the Saeima, whereupon the Saeima shall decide as to whether the member shall be retained under arrest or liberated.  During the period between the sessions, the Board of the Saeima shall decide the question of the retention under arrest of a Member of the Saeima.

 

Art. 30.  A Member of the Saeima shall not be liable to judicial or administrative prosecution for criminal actions, without the consent of the Saeima.

 

Art. 31.  The Member of the Saeima shall have the right to

withhold evidence: 1) concerning persons who have entrusted him, as a Representative of the People, certain facts or data; 2) concerning persons to who he, as a Representative of the People, has entrusted certain facts or data; 3) concerning such facts and data.

 

Art. 32.  Members of the Saeima may not undertake Government

Contracts or receive Government concessions in their name or in that of any other person.  The stipulations of this Article shall refer to Minister, even if they are not members of the Saeima.

 

Art. 33.  Members of the Saeima shall receive remuneration from State funds.

 

Art. 34.  No person shall be prosecuted for circulating reports about sittings of the Saeima or its Committees, if such reports correspond to facts.  Accounts of sittings in camera, of either the Saeima or its Committees, may only be published with the sanction of the Board of either the Saeima or the respective committees.

 

SECTION THREE

THE PRESIDENT OF THE STATE

 

Art. 35.  The President of the State shall be elected by the

Saeima for a period of three years.

 

Art. 36.  The President of the State shall be elected by secret ballot with a majority of not less than fifty‑one votes.

 

Art. 37.  No person who is under forty years of age may be

elected President of the State.

 

Art. 38.  The Office of President of the State shall not be

compatible with any other office.  If the elected President be a member of the Saeima, he shall resign his membership.

 

Art. 39.  The same person cannot hold office as President of the State for more than six consecutive years.

 

Art. 40.  On assuming office at the first meeting of the Saeima after his election, the President of the State shall make the following solemn declaration: "I swear that all my work shall be devoted to the good of the Latvian people.  I will do everything in my power to promote the welfare of the State of Latvia and its inhabitants.  I will heed and keep sacred the Constitution of Latvia and its laws.  I will be just to everyone and will fulfill my duties to the best of my ability".

 

Art. 41.  The President of the State shall represent the State in an international capacity; he shall accredit Latvian representatives abroad, and receive accredited representatives of foreign States.  He shall carry out the decisions of the Saeima concerning the ratification of international treaties.

 

Art. 42.  The President of the State shall be the chief of the armed forces of the State.  In the time of war, he shall appoint a Commander -in-Chief.

 

Art. 43.  The President of the State shall declare war on the strength of the decision of the Saeima.

 

Art. 44.  The President of the State shall have the right to take steps indispensable to the military defense of the country, if another State shall have declared war on Latvia, or if the enemy shall be attacking Latvian frontiers.  At the same time, the President of the State shall immediately convoke the Saeima, which shall decide upon the declaration of war and opening of hostilities.

 

Art. 45.  The President of the State shall have the right to

pardon criminals undergoing penal sentences.  The right of pardonhall not refer to cases for which the Law provides a different mode of pardon.  Amnesty shall be granted by the Saeima.

 

Art. 46.  The President of the State shall have the right to

convoke extraordinary meetings of the Cabinet for the discussion of an agenda prepared by him, and to preside over such meetings.

 

Art. 47.  The President of the State shall have the right of

legislative initiative.

 

Art. 48.  The President of the State shall have the right to

propose the dissolution of the Saeima.  This shall be followed by a referendum.  If in the referendum more than one‑half of the votes are cast in favor of dissolution, the Saeima shall be considered dissolved and new elections shall be proclaimed.

These elections shall take place within two months of the

dissolution of the Saeima.

 

Art. 49.  On the dissolution of the Saeima, its members shall retain their powers until the newly‑elected Saeima shall have assembled.  The former Saeima may only assemble on being convoked by the President of the State, who shall draw up agenda for its sittings.

 

Art. 50.  If the dissolution of the Saeima is opposed by more than one half of the votes cast when the referendum is taken, the President of the State shall be considered as having resigned, and the Saeima shall elect a new President of the State for the duration of the unexpired period of office of the President who has resigned.

 

Art. 51.  On the motion of not less than one half of the Members of the Saeima, the Saeima, at the sitting to which the public is not admitted, may decide by a majority of not less than two-thirds of their number, to dismiss the President of the State.

After this decision, the Saeima shall immediately elect a new President of the State.

 

Art. 52.  Should the President of the State resign his office, die or be dismissed before the expiry of his term of office, the duties shall be carried out by the President of the Saeima, pending the election of a new President of the State.  Likewise the President of the Saeima shall take the place of the President of the State, should the latter be absent from Latvian territory, or in any other way prevented from exercising his functions.

 

Art. 53.  The President of the State shall not be held

responsible for his activities.  All decrees of the President of the State shall be countersigned by the Prime Minister, or by the Minister concerned, who shall thereby assume full responsibility for the decrees, except in cases foreseen by Articles forty-eight and fifty-six.

 

Art. 54.  The President of the State may be prosecuted for

criminal offenses with the sanction of the Saeima, by a majority of not less than two-thirds of its members.

 

                         SECTION FOUR

                          THE CABINET

 

Art. 55.  The Cabinet shall consist of the Prime Minister and Ministers invited by him.

 

Art. 56.  The Cabinet shall be formed by a person entrusted with that task by the President of the State.

 

Art. 57.  The number of Ministers and the scope of their

activities, as well as the mutual relations of Government

Departments shall be fixed by law.

 

Art. 58.  The administrative institutions shall be subordinated to the Cabinet.

 

Art. 59.  In the execution of their functions, the Prime Minister and Ministers shall by necessity enjoy the confidence of the Saeima and shall be responsible to the Saeima for their activities.  Should the Saeima defeat the vote of confidence in the Prime Minister, the whole Cabinet shall resign.  Should the Saeima defeat the vote of confidence in any particular Minister, that Minister shall resign and the Prime Minister shall invite another person to take his place.

 

Art. 60.  The meetings of the Cabinet shall be presided over by the Prime Minister, or, in his absence, by another Minister so empowered by the Prime Minister.

 

Art. 61.  The Cabinet shall discuss all Bills drawn up by the separate Ministries and all questions concerning the activities of various ministries; likewise all questions of State policy, put forward by individual members of the Cabinet.

 

Art. 62.  If the State be threatened by foreign invasion, or, if in the State or part thereof, disorders endangering the existing order of the State arise, the Cabinet shall have the right to proclaim a state of enforced defense.  The Cabinet shall notify such a proclamation of the Board of the Saeima within twenty-four hours, and the Board shall put it before the Saeima without delay.

 

Art. 63.  Ministers, even if they are not Members of the Saeima, and responsible State Officials empowered by Ministers, shall have the right to be present at the sittings of the Saeima or its Committees, and to introduce additions and amendments to Bills.

 

SECTION FIVE

LEGISLATION

 

Art. 64.  The right of legislation shall belong to both the

Saeima and to the people, within the limits laid down in this Constitution.

 

Art. 65.  Bills may be presented to the Saeima by the President of the State, the Cabinet, the Committees of the Saeima, not less than five Members of the Saeima or, in cases and in a manner provided for in this Constitution, by one‑tenth of the electors.

 

Art. 66.  Before the commencement of each financial year, the Saeima shall pronounce on the State Revenue and Expenditure Budget, the draft of which shall be submitted by the Cabinet.

     If the Saeima pass a resolution involving expenditure not foreseen in the Budget, it shall likewise specify in this resolution the sources of revenue with which to meet such expenditure.  After the expiry of the financial year, the Cabinet shall submit, for the confirmation of the Saeima, a statement showing the actual realization of the Budget.

 

Art. 67.  The Saeima shall decide on the strength of the armed forces of the State in time of peace.

 

Art. 68.  The ratification of the Saeima shall be indispensable to all international agreements dealing with questions to be settled by legislation.

 

Art. 69.  The President of the State shall promulgate laws passed by the Saeima not before the seventh and not later than twenty-first day of their adoption.  If no other term be fixed, the laws shall come into force fourteen days after their promulgation.

 

Art. 70.  The President of the State shall promulgate laws by means of the following formula: <<The Saeima (or the People) have adopted and the President of the State promulgates the following law:>> (text of the law).

 

Art. 71.  Within seven days of the adoption of a law by the

Saeima, the President of the State shall be entitled to ask, by means of explanatory letter addressed to the President of the Saeima, for the revision of that law.  If the Saeima leave the law unaltered, the President of the State shall not have the right to raise any further objections.

 

Art. 72.  The President of the State shall have the right to

withhold the promulgation of a law for a period of two months.

He shall postpone the promulgation at the request of not less than one-third of the Members of the Saeima.  This right shall be exercised by the President of the State or by one-third of the Members of the Saeima within seven days of the adoption of the law by the Saeima.  The law, the promulgation of which has been thus postponed, shall be submitted to a referendum, if not less than one-tenth of the electors so desire.  Should such request not be formulated within the period of two months as mentioned above, the law shall be promulgated at the expiry of that period.

The referendum shall not be taken, however, if the Saeima put this law to the vote once more and if then not less than three-fourths of all members be in favor of its adoption.

 

Art. 73.  The following matters shall not be submitted to a

referendum: the budget, laws concerning loans, taxes, custom's duties, railway tariffs, military service, the declaration and commencement of war, the conclusion of peace, the promulgation of a state of enforced defense and its termination, mobilization, demobilization, foreign treaties.

 

Art. 74.  A law adopted by the Saeima and postponed in the manner set forth in Article 72, may be annulled by a referendum, if at least one-half of those who have the right to vote shall take part in the suffrage.

 

Art. 75.  Should the Saeima adopt the urgency of a law with a majority of not less than two‑thirds, the President of the State may not demand a second examination of the law; it may not be submitted to a referendum and shall be promulgated within three days of its transmission to the President.

 

Art. 76.  The Saeima may modify the Constitution at sittings at which at least two-thirds of its members shall be present.  The modifications shall be passed in the course of three readings, by a majority of not less than two‑thirds of the members present.

 

Art. 77.  If the Saeima has modified the first, second, third or sixth Articles of the Constitution, such amendments, in order to acquire the force of Law, shall be submitted to a referendum.

 

Art. 78.  Not less than one‑tenth of the electors shall have the right to submit to the President of the State a fully elaborated scheme for the revision of the Constitution, or a Bill, which shall be submitted to the Saeima by the President.  Should it not be accepted by the Saeima without substantial amendments, it shall be submitted to a referendum.

 

Art. 79.  Such amendments to the Constitution as shall have been submitted to a referendum, shall be adopted, if at least one-half of those who have the right to vote shall have declared themselves in their favor.

 

Art. 80.  All Latvian citizens who have the right to vote in the election of the Saeima are entitled to take part in the

referendum.

 

Art. 81.  In cases of urgent necessity between sessions, the

Cabinet shall have the right to issue regulations which shall have the force of Law.  These regulations shall not modify: the law of election to the Saeima, laws bearing on judicial constitution and procedure, the budget and budget rights, and laws passed by the Saeima then in power; they shall not refer to amnesty, the issue of Treasury notes, State taxes, custom's duties, railway tariffs, loans and they shall be annulled if not presented to the Saeima within three days of the opening of the following session.

 

COURTS OF JUSTICE

 

Art. 82.  All citizens shall be equal before the Law and the

Courts of Justice.

 

Art. 83.  The judges shall be independent and bound only by Law.

 

Art. 84.  The appointment of judges shall be confirmed by the Saeima and they may not be dismissed.  Judges may not be

dismissed from their office against their will, unless it be by the decision of the Courts of Justice.  The retiring age limit for judges may be fixed by law.

 

Art. 85.  Trial by jury shall exist in Latvia in accordance with a special law.

 

Art. 86.  Justice shall be administered solely by such

institutions as shall have been so entitled by Law and in such a manner as shall have been specified by Law.  The Courts Martial shall function in accordance with a special law.

 

SECTION SEVEN

STATE CONTROL

 

Art. 87.  The State Control shall be an independent collegiate institution.

 

Art. 88.  The State Controllers shall be appointed and confirmed in the same manner as judges, but only for a definite period.

During the period their appointment shall not be revoked, except by the decision of the Courts of Justice.  The organization of the State Control and the competency thereof shall be fixed by a special law.

 

[Articles 89-116 Added Oct. 1998]

 

Chapter VIII Fundamental Human Rights

 

Article 89 [Recognition and Protection by the State]

The State shall recognize and protect fundamental human rights in accordance with this Constitution, laws and international agreements binding upon Latvia.

 

Article 90 [Right to Know About Rights]

Everyone has the right to know about their rights.

 

Article 91 [Equality, Prohibition of Discrimination]

All human beings in Latvia shall be equal before the law and the courts.  Human rights shall be realized without discrimination of any kind.

 

Article 92 [Right to Fair Legal Proceedings]

Everyone has the right to defend their rights and lawful interests in a fair court.  Everyone shall be presumed innocent until their guilt has been established in accordance with law.  Everyone, where their rights are violated without basis, has a right to commensurate compensation.  Everyone has a right to the assistance of counsel.

 

Article 93 [Right to Life]

The right to life of everyone shall be protected by law.

 

Article 94 [Liberty, Personal Security]

Everyone has the right to liberty and security of person.  No one may be deprived of or have their liberty restricted, otherwise than in accordance with law.

 

Article 95 [Human Dignity]

The State shall protect human honor and dignity.  Torture or other cruel or degrading treatment of human beings is prohibited.  No one shall be subjected to inhuman or degrading punishment.

 

Article 96 [Privacy, Home, Correspondence]

Everyone has the right to inviolability of their private life, home and correspondence.

 

Article 97 [Right to Move, Freedom of Residence]

Everyone residing lawfully in the territory of Latvia has the right to freely move and to choose their place of residence.

 

Article 98 [Departure, Extradition]

Everyone has the right to freely depart from Latvia.  Everyone having a Latvian passport shall be protected by the State when abroad and has the right to freely return to Latvia.  A citizen of Latvia may not be extradited to a foreign country.

 

Article 99 [Thought, Conscience, Religion]

Everyone has the right to freedom of thought, conscience and religion.  The church shall be separate from the State.

 

Article 100 [Expression, Information, Censorship]

Everyone has the right to freedom of expression which includes the right to freely receive, keep and distribute information and to express their views.  Censorship is prohibited.

 

Article 101 [Political Activity]

Every citizen of Latvia has the right, as provided for by law, to participate in the activities of the State and of local government, and to hold a position in the civil service.

 

Article 102 [Associations, Parties]

Everyone has the right to form and join associations, political parties and other public organizations.

 

Article 103 [Meetings, Processions, Demonstrations]

The State shall protect the freedom of previously announced peaceful meetings, street processions, and pickets.

 

Article 104 [Petitions]

Everyone has the right to address submissions to State or local government institutions and to receive a materially responsive reply.

 

Article 105 [Private Property]

Everyone has the right to own property.  Property shall not be used contrary to the interests of the public.  Property rights may be restricted only in accordance with law.  Expropriation of property for public purposes shall be allowed only in exceptional cases on the basis of a specific law and in return for fair compensation.

 

Article 106 [Work, Forced Labor]

Everyone has the right to freely choose their employment and workplace according to their abilities and qualifications.  Forced labor is prohibited.  Participation in the relief of disasters and their effects, and work pursuant to a court order shall not be deemed forced labor.

 

Article 107 [Remuneration, Holidays, Vacation]

Every employed person has the right to receive, for work done, commensurate remuneration which shall not be less than the minimum wage established by the State, and has the right to weekly holidays and a paid annual vacation.

 

Article 108 [Collective Labor Agreement, Strike, Trade Unions] Employed persons have the right to a collective labor agreement, and the right to strike.  The State shall protect the freedom of trade unions.

 

 

Article 109 [Social Security, Disability, Unemployment] Everyone has the right to social security in old age, for work disability, for unemployment and in other cases as provided by law.

 

Article 110 [Marriage, Family, Parents, Children]

The State shall protect and support marriage, the family, the rights of parents and rights of the child.  The State shall provide special support to disabled children, children left without parental care or who have suffered from violence.

 

Article 111 [Health]

The State shall protect human health and guarantee a basic level of medical assistance for everyone.

 

Article 112 [Education]

Everyone has the right to education.  The State shall ensure that everyone may acquire primary and secondary education without charge.  Primary education shall be compulsory.

 

Article 113 [Research, Art, Copyright, Patents]

The State shall recognize the freedom of scientific research, artistic and other creative activity, and shall protect copyright and patent rights.

 

Article 114 [Minorities]

Persons belonging to ethnic minorities have the right to preserve and develop their language and their ethnic and cultural identity.

 

Article 115 [Environment]

The State shall protect the right of everyone to live in a benevolent environment by providing information about environmental conditions and by promoting the preservation and improvement of the environment.

 

Article 116 [Restrictions]

The rights of persons set out in Articles 96, 979 98, 100, 1029 103, 106, and 108 of the Constitution may be subject to restrictions in circumstances provided for by law in order to protect the rights of other people, the democratic structure of the State, and public safety, welfare and morals.  On the basis of the conditions set forth in this Article, restrictions may also be imposed on the expression of religious beliefs.

 

 

 

 

J. Tschakste,

President of the Constituent Assembly.

 

R. Ivanovs,

Secretary of the Constituent Assembly.