The stronger the threat to democracy, the more far-reaching means to protect it - Constitutional Court chairwoman

RIGA - The President of the Constitutional Court Irena Kucina stressed at the solemn session on the occasion of the new year of the Constitutional Court on Friday that the state should not be afraid to use all legal means against threats to the state and democracy and, if necessary, if the existing means are not enough, the state should create new means.

Thus, the stronger the threat to democracy, the more far-reaching the means can be to combat that threat and safeguard democracy, she explained.

Kucina stressed that the principle of self-defending democracy is a living instrument that adapts flexibly to changing circumstances. The decisive criterion is the proportionality of the means used.

In the current geopolitical circumstances, the Constitutional Court's agenda is particularly focused on issues that concern values essential to Latvia's existence - the protection of our country's security, constitutional foundations, democracy, sustainability, and an inclusive and dignified society, the judge said.

Last year, the Constitutional Court examined 18 cases, adopting 17 judgments and one decision to close proceedings. The judgments assessed the constitutionality of 30 legal provisions. 22 legal norms were declared compatible with the Constitution, eight legal norms were declared incompatible with the Constitution.

In the previous year, 145 applications were received and 33 decisions to initiate proceedings were adopted. As in previous years, the majority of cases brought last year concerned fundamental rights.

In total, the Constitutional Court received 352 applications last year. Of these, 207 were found not to be within the jurisdiction of the Constitutional Court.

Kucina stressed that the communication function of the Constitutional Court is closely linked to the litigation function. The court aims to be open to the people of Latvia, including by paying more and more attention to informing the public about the activities and tasks of the state and the court.

Last year, the Constitutional Court completed an extensive exercise to consider possible improvements to the Constitutional Court Law and forwarded them to the Justice Ministry for further consideration by the government and the Saeima.

In conclusion, the judge stressed the important role of the Constitutional Court in protecting and strengthening the democratic order of the country. Democracy as a form of state order has been in a difficult situation in Europe and elsewhere over the last decade. In a number of countries, including some EU Member States, we can observe a so-called backsliding of democracy, where various principles and institutions necessary for its functioning are formally or informally circumvented, the judge said, adding that this often manifests itself in populist forces seeking to undermine the role of the judiciary in a modern democracy. Moreover, this happens not only in new democracies, but also in mature ones.

The primary task in constantly assessing the level of this threat lies with the executive and the legislature, the judge asserted. However, the institution of the judiciary, which carefully and with the utmost responsibility assesses the proportionality of the chosen means to the seriousness of the existing threat, is the Constitutional Court and other Latvian courts, Kucina noted.