The Procedure for Amending the Satversme of the Republic of Latvia and the Substance of Restrictions Established by It

The article is dedicated to the mechanism for protecting the Satversme [Constitution] of the Republic of Latvia (hereafter – the Satversme) – procedure for amending it and elements thereof – restrictions (quotas of participation, approval, readings, etc.), examining the amendments to the general and basic articles, as well as the theory of core. The parliament and the people may amend the Satversme in a referendum, therefore the article also turns briefly to the institution of the people’s vote or plebiscite or referendum (Latin – referendum). The article aims to elucidate the effectiveness of the procedure for amending the Satversme and provide answers to the following questions: (1) Whether the procedure for amending the Satversme ensures protection of the national constitutional order on sufficient level and does not permit introduction into the Satversme of ill-considered or antidemocratic proposals; (2) Whether the legislator, aiming to ensure constitutional stability, has not set the exaggeratedly high quorum of voters’ participation in the referendum for all articles of the Satversme and whether the mechanism of referendum in Latvia has not become incapable of functioning? In the framework of the article, the author also will try to reach concrete proposals that would improve the procedure for amending the Satversme, would increase citizens’ involvement in the matters of public administration, which, in turn, would reinforce the people’s trust in their State. In considering the proposals, the author will focus also on the issue of national security because amendments to the Satversme and referendums, clearly, may be used as factors for destabilising the State.

Doctrine of State Continuity. Latvia’s Experience

The article examines the scope and consequences the continuity of the Republic of Latvia in several domains and places them within a broader context of Latvia’s history. Firstly, it describes and analyses some functions of the State of Latvia which continued to be performed during the years of occupation by the USSR and Nazi Germany (1940–1990) and, secondly, the significance of the de iure effect of the Satversme of the Republic of Latvia of 15 February 1922 during the years of occupation and following the restoration of the independence of the state. The authors advance the thesis that the occupation regimes of the communist USSR and Nazi Germany failed to extinguish the existence of the Republic of Latvia as an internationally recognised subject of international law, moreover, Latvia in practice did not discontinue performing some functions of the state. Of course, full restoration of the independence of the state on the basis of values enshrined in the Satversme occurred only after coup d’état in the Soviet Union.

The Aims and Discussions of the Foundation of Land Reform in Estonia After the WWI

The land reform was one of the most important tasks of independent Estonia after World War I. The groundwork started even before gaining its independence which shows the significance of this extensive reform. Similar reforms were carried out in other Eastern- and Middle-European countries after World War I, but the Estonian land reform was considered to be among the most radical ones at that time period. The decisions about the scope, intensity and the radicality of a reform would influence the later outcome, therefore it is important to understand the legislative discussions in the beginning and during the reform. In the article we will examine the legislative discussions of Estonian Constituent Assembly and Parliament about the expropriation of largescale estates in Estonia, the legal solutions and, consequently, the reasons why the question about compensation and redistribution of the expropriated land was left unregulated in the Land Reform Act.

Appointment of the Constitutional Court Justice: Some Issues

This article analyses important issues brought up in public regarding one of the constitutional institutions – formation of the Constitutional Court. At the outset, the article looks at the models of accessing the position of the Constitutional Court justice, their weaknesses and also responsibility of persons engaged in the appointment of justices. Challenges of parliamentary procedures are also discussed, especially considering that the platform e-Saeima was used as the voting platform to appoint the justice. The article also reflects a debate on whether a Constitutional Court justice can be appointed only once in a lifetime, keeping in mind the recent amendments to the Constitutional Court Law, including reappointment mechanism if the judge has had to leave the position before expiration of 10 years’ mandate. Finally, the article analyses the role and meaning of decisions made by a special institution – Judicial Council – when appointing the Constitutional Court justice.

The Latvian Marriage Law 1918–1940 Betwixt and Between the Poles of Conflicting Moral Values

The article looks at the Latvian marriage law during the period of 1918–1940, and how it copes with being betwixt and between the poles of conflicting moral values. The article sheds light on the discussions in the newly established Republic of Latvia regarding its marriage law, which was to be created and the development of the codification work took culminating in the Latvian Civil Code of 1937. Additionally, it draws parallels with the contemporary discussions in Latvia between the supporters of a more traditional conservative and a more modern liberal family and marriage law.

Antitrust Rules and Competition Violations. The Evolution of Consumer Protection

According to the order of the Court of Verona of 01.10.2018, No. 3763, a prohibited agreement pursuant to Art. 2, Law No. 287/1990, can also be harmful to consumer or entrepreneur, who has not taken part in it. In order to recognize an interest in invoking the protection referred to in Art. 33, para. 2, Law No. 287/1990, it is not sufficient to allege the nullity of the agreement itself but it is also necessary to specify the consequence that this failure has produced regarding the right to an effective choice between a plurality of competing products. This paper intends to investigate the institutions of the omnibus guarantee and its consequent nullity for violation of the discipline that governs agreements restricting competition. It also provides an analysis of the remedies and safeguards available to consumers who have remained extraneous to the competitive agreement, and who have entered into a subsequent contract of the latter.

Legal and Practical Issues Related to Telework: The Example of Estonian Law

Telework as a new form of employment has become particularly relevant with the advent of the COVID-19 restrictions. So far, telework has been used occasionally, and only a few employers and employees have resorted to this mode of work. Due to the COVID-19 situation, telework has become a reality, and at times it is the only possibility to work. Although telework is widely used, the legal regulation might not be apparent. The article explores the specific aspects of legal regulation regarding telework in Estonia.

Legal Thinking in the Interwar Latvian Senate

In this article, the author researches and analyses the legal thinking created by Senators A. Lēbers and M. Čakste, aspects of interdisciplinary interaction of subsidiary sources and branches of law in the interwar Latvian Senate. The findings made by the senators of interwar Latvia (in the capacity of rapporteurs on a case, members of the court’s composition) help to explore the historical events and the legal culture of the respective age by reading the primary sources. In the conditions of contemporary legal system, the described cases and legal institutions mostly have similar regulation and could be useful for the development of the case law on the respective matter. Interaction of subsidiary sources, in particular, the used findings of the doctrine build bridges across ages and promote the continuity of uniform case law and understanding of law. The range of resolved legal matters pertained to a broad area of law – branches of law, interdisciplinary aspects of the legal system. The scientific contribution by Senators A. Lēbers and M. Čakste is universal and significant in the context of European and global thinking. Notwithstanding the circumstances, they remained loyal to democratic Latvia.

Marriage Regulation in Spain. Current Situation and Challenges

Marriage has changed profoundly during years. The current definition of marriage in Spanish law has abandoned the pattern of a stable union of a man and a woman aimed to raise the next generation. Several problems arise from this departure; the most important ones are figuring out which are the constitutive elements of marriage according to the laws in force, and trying to build a consistent regulation of this relationship. The article includes a general overview of the history and the current regulation of marriage, and subsequently explores the main challenges to the regulation of marriage in the near future.

Functionality Problems of Collegial Government Institutions During the COVID-19 Pandemic and Solutions for the Future

This article analyses the ways for ensuring continuity of operation of the state collegial decisionmaking authorities – the Saeima [the Parliament of the Republic of Latvia], the Cabinet and the local government councils during Covid-19 pandemic. The work of the parliament, the government and local government in the emergency situation is examined, mainly focusing on the initiated form of remote work. Notably, in this respect, Latvia’s experience is unique since the Saeima’s e-platform is one of the first instances in the world where the parliament fully operated in the virtual environment. The article also analyses the role of the Cabinet as the crisis management centre during the emergency situation, focusing also on accessibility and other problematic issues in the remote proceedings of the local government councils and committees. The article concludes that successful solutions were found for the parliament’s work in the virtual environment within the existing legal framework. In the emergency situation, the local government councils and their structural units also had to try the forms of remote work. Additionally, the authors of the article have tried to provide assessment to determine which digital solutions employed during the pandemic should be used in post-crisis situations.