The people approach Constitutional Court

RIGA - Beginning this week every Latvian citizen can submit a constitutional claim to the Constitutional Court. Due to changes in the Constitutional Court Act, every person who thinks the legal norms that have been applied in their verdict are in conflict with the constitution has the right to petition.

The changes went into effect July 1.

Prior to the changes, only the president, selected MPs, the national human rights office and selected officials could petition the court.

But Aivars Endzino, chairman of the Constitutional Court, stressed that one problem with the changes might be that many people would see the Constitutional Court as the last chance to overturn a verdict.

In fact, the Constitutional Court only reviews cases that concern the compliance of laws and other legal norms with the constitution. The Constitutional Court does not have the right to judge whether a civil, criminal or an administrative case has been reviewed according to the rules of procedure, or whether the general jurisdiction court has applied a law correctly.

The Constitutional Court also does not have the right to judge whether a person is guilty or not.

Based on the experience of Germany's Constitutional Court, approximately 5 percent of the petitions are heard. In Latvia the number could be similar.

Since the court was founded in 1997 until last summer, only 44 petitions were made.

According to the Constitutional Court Act, a complaint may be submitted only if all other possibilities for the protection of rights have been used.

But in some cases a complaint may be reviewed before all other means are used. In the near future, changes in the civil law and penal code will allow interrupting a case to review it in the Constitutional Court.

The complaint must be held by the person whose basic rights have been violated and submitted no later than six months after the decision of the last institution has come into effect.

A commission will review the petition and a decision on whether to hear the case will be delivered a month after its submission. If the Constitutional Court decides that the decision is in conflict with the constitution, the case can be revised. Then it will be the job of the lower courts to revise the case.

Another problem may be the quality of the petitions. Due to the requirements for presenting a petition, which include a thorough review of the case and the rights violated, petitioners are advised to consult a lawyer.