Chapter 8: Latvia
UNA BLUMBERGA
The Constitution of the Republic of Latvia (Satversme) first adopted in 1922, was restored in 1991. The constitution contains basic framework provisions for parliament, government, courts, constitutional courts, etc., but does not provide for certain fundamental rights, including environmental rights and public participation provisions.
To ensure that rights not included in the constitution are guaranteed, the parliament has adopted constitutional laws, such as the Constitutional Law on the Rights and Obligations of a Citizen and a Person (1991).
New parts of the constitution regarding human rights and municipality rights have been worked out. Therefore, there will be important constitutional changes in the near future.
As there is a lack of specific laws on information, the principle law in this area is the Law on Environmental Protection (1991) which is an "umbrella law" covering different legal instruments and issues (i.e. basic rights for individuals, different environmental protection tools, access to information, institutional arrangements, responsibilities and rights of administrative authorities, enforcement mechanisms and sanctions). The law specifies the tools for participation which are available for both private persons and public bodies.
Several tools are connected with access to environmental information. The right to demand information on construction projects and their possible environmental impacts and the right to require that the results of environmental impact assessments are published and announced.
Some sector laws contain provisions regarding information, (i.e. building legislation, territorial planning regulations, and EIAs). But in general, there is no developed legislation covering procedures on how to achieve and deliver information. Certain information is regarded as classified.
The public does have the right to be more directly involved in law-making procedures by means of peaceful protests, etc. Not least important is the right for both individuals and organizations to be granted legal standing. This means in effect that they may "apply to legal protective institutions with request to revoke or suspend decisions or instructions of officials of institutions carried out by ignoring citizens and public and public organizations' rights and legal interests." This rule was amended in 1997. Previously, the courts were fully responsible for resolving such conflicts.
The Law on Environmental Protection imposes obligations on the citizens of Latvia to "prevent environmental quality degradation and the irrational use of natural resources, participate in improving the environment, and request that other legal and physical persons do likewise." The law also declares that "public control of environmental protection and the use of natural resources must be carried out by public organizations, movements and citizens."
Latvia has signed and ratified the following conventions which are significant for environmental protection:
In early 1998, the Ecological Center organized roundtable discussions on the Aarhus Convention. There was information about the roundtable on radio and in newspapers before and after the roundtable discussion.
Besides these responsibilities, the council of a city or local municipality is obliged to issue binding regulations that determine administrative responsibility in cases where legal requirements on protection or sustaining public forests and waters or specially protected nature objects are violated and issue binding regulations of adoption of local taxes.
The Law on Municipalities does not prevent municipalities from adopting any regulations that refer to the administrative territory of the relevant municipality that do not contradict present legislation.
See below for more details on current public participation and access to environmental information issues in Latvia.
This principle is described as it makes citizens responsible for environmental protection. On one hand, the state puts obligations and responsibilities on citizens. On the other hand, the citizens are not able to carry out these duties without at least minimum necessary information. Thus, to implement the principle in practice, the state has to provide the citizens access to information.
State statistical institutions, the State Monitoring and Consultation Center of the MEPRD and other institutions of the MEPRD such as the Regional Environmental Boards also provide environmental information for the general public.
Another principle is the right to "freely acquire and disseminate information," which includes information relating to the environment and activities with possible impact on the environment. Each person has also the right to express views and ideas. These rights "must not be restricted by censorship." However, certain information may be regarded as classified.
The State Statistic Institution and State Monitoring and Consultation Center publish environmental information which is not secret. The law also provides a right to free assembly, with the reservation that the local government may change the time or place of such events if it is required in the interests of public safety and order.
There is no specific law regulating access to information or environmental information. This right is regulated by several other laws such as the Law on Environmental Protection, which states that one of the fundamental principles of the law is to provide the public with complete and open information on the status of ecological conditions.
As to information about decisionmaking, practice shows that citizens and the public are not often informed about prepared drafts and involved in these activities. Some persons may be involved in preparation of drafts because they are experts and professionals in some related field, not because they are from public organizations. This is not to say that the public has no information about new drafts. Usually, important draft laws are published in the official legal gazette "Latvijas Vestnesis."
Representatives of professional associations like the Association of Packaging and the Association of Waste have been involved in the preparation of several drafts.
Although there is no specific definition of environmental information, Latvian citizens have the right to receive full and true information on the status of ecological conditions as well as on the condition of the ground, soil, underground resources, water, forests, air and other nature objects. In fact, information that is held by state or municipal institutions may be required by citizens and public organizations.
The public and public organizations have the right to demand information on proposed construction sites and sites in progress and to state their objections and proposals.
Article 12 of the Regulations on Environmental State Monitoring states that state and municipal institutions, have to show the description of accessible information when that information has been produced using state and/or municipal funds. State and municipal institutions have to indicate the source of information and the level of data processing and interpretation. Requirements of access to information have to be indicated if information is obtained only partly using state and/or municipal funds.
If the required information has been obtained without state and/or municipal funds, a special agreement has to be made. In the case of ecological disasters, the holder of the relevant information irrespective of its possession is required to immediately provide state and municipal institutions with information (Article 14).
Therefore, according to Article 12 of the Regulations on Environmental State Monitoring, the list of accessible information has to be worked out by the responsible institution. So far there is no law regarding it. Perhaps then the MEPRD will issue instructions regarding the accessible information.
Conditions for Obtaining Information
At the national level, the Consultation and Monitoring Center of the MEPRD is responsible for the preparation of environmental status reports, etc. The center is also responsible for providing information to the public on environmental issues.
At the regional level, regional environmental boards and each municipality are responsible for providing access to environmental information. For example, the Riga City Council at the end of 1996 established an environmental information division. The idea to establish this division was to provide the public with information about activities in Riga and to involve the public in decisionmaking processes by hearing their proposals. The information division provides 24 hour information by phone and visitors can come directly to the offices eight hours per day.
Regarding the form of information, the law does not place restrictions on how it is disseminated, whether orally, in written form, on software, etc. However, such restrictions may be determined by accepted procedure. For instance, a municipality may accept certain regulations on the dissemination of information. These regulations will be binding for the relevant administrative territory. As a rule, they cannot contradict present legislation. Otherwise, the responsible minister for municipal issues has the right to revoke such regulations.
Constitutional law also states that each person has the right to turn to the institutions of the state government and administration with individual or collective submissions or proposals and to receive answers in accordance with the procedure prescribed by law.
The Law On Procedure of Receiving Submissions, Complaints and Recommendations in State and Municipal Institutions (1994) regulates procedures for reviewing submissions and complaints by state and municipal institutions. These refer particularly to determining preparation time for answers and when requesters can submit questions.
Municipal government and environmental protection institutions have the duty to:
State and municipal institutions are required to respond to a request within 15 days and at the latest within a month. If this is not possible, institutions have to inform the requesting party. As to the proposals, the law does not determine that the institution should adopt the proposal by all means. There is no obligation to spread the information by electronic means.
Specific Institutions/Officials to Provide Information
According to the Draft Law on Municipal Waste (1997), state and municipal institutions will be responsible for the collection of information on waste. The public must turn to state and municipal institutions to get information on these issues.
The draft law also provides criminal, administrative and financial liability for violation of the law and determined requirements and procedure. Thus, violating requirements regarding providing with information may cause sanctions for violators.
Refusal to Provide Information
State and municipal institutions, at national, regional and local levels shall provide and make available the above-mentioned environmental information. As was stated before, some information might be secret but this does not refer directly to environmental information. However, neither the Law on Secrecy nor the Law on Environmental Protection offers clear definitions regarding environmental information and its components. One can still assume general cases in which a request for information may be legitimately refused, including:
According to the Regulations on Environmental State Monitoring, environmental information that belongs to the state must be made freely accessible. However, the holder of the information has the right to limit access to the information if it refers to:
Environmental protection legislation does not say clearly that public authorities have an obligation to collect and update adequate environmental information. However, practice shows that the lack of any legal act which states what exactly constitutes "environmental information," how it should be distributed or given to the public, and who has to distribute it, causes some uncertainties. For example, one of the duties of state environmental inspectors is to provide the public with information on the status of environmental protection and natural resource controls. The same regulations state that inspectors have to keep confidential all information they have acquired in working out their duties. Thus, inspectors will not disseminate information to the public if they have any doubts about the information's confidentiality. This may give rise to a situation whereby public requests will be refused because of confidentiality restrictions. There is no possibility of public interest test in Latvia.
If an Authority Does Not Possess the Information
According to the cabinet of ministers' Regulations of the Internal Order and Actions of Cabinet of Ministers (1996), state chancelleries are to receive, register and review citizens' submissions, complaints and recommendations on the actions of the Cabinet of Ministers and give requests in accordance with the Law on the Procedure of Receiving Submissions, Complaints and Recommendations in State and Municipal Institutions. State chancelleries also systematically sum up citizens' questions enclosed in their submissions. (Therefore, this is essentially the same order as for other state institutions.)
Experience so far demonstrates that the above mentioned rights are being observed in practice. State institutions are observing the order prescribed by law in response to written requests, provided the application is addressed to the institution or person responsible for it. One prime example is the large amount of letters answered by the minister of the MEPRD. Another refers to explaining legislation on natural resources tax. A person who is responsible for natural resources taxes in the MEPRD receives questions from approximately 10 citizens and gives 80-100 answers by phone per month.
Costs of Obtaining Information
There is no rule regulating costs of information for the general public.
According to the regulations on environmental state monitoring, an information holder has to provide information for state and municipal institutions free of charge.
State and municipal institutions, as well as environmental protection public controllers, have free access to information on activities dealing with hazardous waste. MEPRD has the right to propose state and municipal institutions to investigate public opinion on hazardous waste issues. (Law On Hazardous Waste [1993]).
Latvian legislation does not say anything about active dissemination of information. Also, there are no general guidelines on providing and requesting environmental information.
As the state institutions are responsible for informing the public on ecological conditions, the MEPRD has published the Environmental State Status Report for 1996. The report is free of charge and every person can get it or at least be acquainted with it. The Environmental Status Report is published yearly.
Electronic Means of Dissemination
There is no obligation to disseminate information electronically. However some information is available on Web sites, i.e. Information about ministries.
Nongovernmental Information Centers
There is the nongovernmental information center Green Library, which focuses on spreading information, including environmental information.
The draft law states that "legal and physical persons dealing with collection and transportation of waste provide state and municipal institutions with required information on collection and transportation on municipal waste."
The most important enforcement powers are vested in the regional boards. The boards may limit, restrain or forbid activities with hazardous waste if national legal requirements are violated and, also, if international agreements are not observed (i.e. the Basel Convention).
The public shall be able to require information from Regional Environmental Boards regarding these issues.
It is important to note that local authorities have the right to annul permits.
According to the Law, MEPRD has the rights to restrict, reprieve or cease the actions with hazardous waste, if any requirement of the legislation or International agreements are violated.
Article 9 determines procedures of providing the public with information about the beginning of environmental impact assessment. That is:
In order to ensure real public participation in policy and law, rulemaking administrative institutions should not only inform and let the public comment on proposed documents, but should also establish mechanisms enabling participation of the public in the entire procedure before draft document is prepared.
Constitution
The constitution does not contain any public participation issues.
Law On Municipality
The Law On Municipality is an "umbrella law" regarding local governments and contains neither public participation nor referendum on environmental issues. However, the law states that drafts which may influence municipalities' interests have to be coordinated with a municipal public organization. The organization is an NGO and represents all municipalities in Latvia.
Local government sessions are open to the public. The public may participate as observers. The agenda of the session is published in the local newspaper several days before the session. Therefore, every person has the right to participate in the session when their interested issues are discussed. Local government committee sessions are usually closed to the public but the public may receive information on the agenda of the meeting.
Constitutional Law of the Republic of Latvia on the Rights and Obligations of a Citizen and a Person (1991)
This law is important from an environmental point of view in terms of the right to turn to the institutions of the state government and administration with individual or collective submissions or proposals and to receive an answer in accordance with the procedures prescribed by law. All these "participation" issues will be further discussed in this report.
The Law on Hazardous Waste also contains an article on public control of environmental protection. One of its public functions is to propose to state and municipal institutions to conduct polls on issues related to hazardous waste management.
Environmental Impact Assessment (EIA)
EIA in Latvia is based on the Law on the State Environmental Expertise (1990). The legislation requires that public participation is promoted in the assessments. A general obligation is "openness of the assessments." Representatives of social organizations and local residents have the right to discuss the project conception and the potential effect on the environment. Public discussion of the assessment report is required and the public is involved in the decisionmaking process, with a possibility to offer alternatives. State Environmental Expertise carries out ecological evaluation of the projected economical activity. Citizens have rights to express their views on the project, but generally only when the project is ready. A maximum of period of three months, with extensions, is allowed for the completion of EIA. However, there are no precise rules on public participation regarding an obligation to arrange hearings in such situations.
The legislation on ecological expertise does not provide for appeals against the assessment report. The decision is "final." Only parliament may demand a second assessment. It is possible to go to court in some situations related to EIA on the grounds of the Environmental Protection Law. It is not possible for the developer to appeal a decision by the board to halt the activity because of assessment.
There will be changes in EIA procedure because a new draft on EIA has been prepared and the law will be passed in parliament in 1998.
Draft Law on Environmental Impact Assessment (1997)
According to Article 12, the developer has to organize public hearings on the environmental impact assessment draft report. In cases where the proposed activity is likely to have an impact on the interests of the population of several municipalities, the developer shall organize a joint hearing or several separate hearings in the territory of every municipality concerned.
The procedure according to which the draft report is published and the public hearing organized shall be set forth by the Cabinet of Ministers. The law also states that the competent authority shall participate in all the public hearings.
Moreover, the draft states that the responsible institutions making decisions to let the developer start the proposed activity also must take public opinion into consideration. The draft indicates information that should be provided to the public by decisionmakers at the time when the decision to start the proposed activity is made. However, the draft does not say how the decisionmaker has to inform the public.
The draft also mentions the possibility for the public to appeal both the documents prepared by the competent authority regarding the necessity of the environmental impact assessment for the proposed activities, and the decision on the permission to start the proposed activity in accordance with the relevant legislation.
The draft contains other important issues for public participation, i.e. activities capable of having a transboundary impact. According to the law, the environmental impact assessment is necessary for the proposed activities which have or are likely to have a transboundary impact. There is a reference to international agreements in the draft regarding activities capable of having such an impact. Therefore, rights and obligations determined by international agreements will be binding for EIA procedures in cases when activities with transboundary impact are carried out. This is especially important for public participation.
One of the most important changes of the draft comparing the law is a developed public participation procedure that provides the opportunities for the public to participate early in the environmental decisionmaking process. Thus, the public will be able to state its opinion before the decision is made.
Territorial Planning
The planning demonstration material should be easy to perceive for the general public and reflect the technical solution, i.e. the evaluation of all territorial planning is public. Thus, public participation is provided for at all planning levels. A public discussion should take place and opinions may be submitted to the planning authority. Any person, natural or legal, whose objections have been disregarded has the right to complain to the MEPRD. The law does not explicitly provide for legal standing in court, but this should be possible in some situations, according to the Environmental Protection Act, regarding environmental issues.
There is no mention of sanctions in the regulations on territorial planning.
Draft Regulations on Territorial Planning (1997) have also been established. Regulations are important because public participation procedure is more developed and precise in the draft than it is in the regulations that are in force now.
Building Law (1995)
A municipality must provide a public hearing on the planned building before making a decision on building, particularly when significant public construction is proposed, and when building essentially influences the environment.
Law On Hazardous Waste (1993)
According to the Law On the Order of Cancelling the Activities of Enterprises, Institutions and Organizations (1991), only definite state environmental officials can stop the activities of an organization.
Up to now no cases of cancelling such activities due to public initiative have been observed.
Different authorities are responsible for issuing permits. So called "self-governmental institutions" - municipalities, towns and Riga city - issue permits, after approval by the regional board, for all activities except transport. Transport of hazardous waste within Latvia may be permitted by the regional boards, while transits through Latvia require a permit from the MEPRD. There are no specific preconditions regarding public participation and access to environmental information prescribed in the law for issuing of permits as well.
Regulations of the Cabinet of Ministers on Public Hearing of Building (1997)
The regulations determine the procedure in which citizens have an opportunity to discuss prospective building and participate in decisionmaking of local municipal environment in the relevant administrative territory. The goal of public hearings is to provide openness of information on environmental activities of state enterprises and municipal institutions and of how budgets are spent and other resources used in the building process.
According to the regulations the building board, the relevant municipality or the MEPRD organize public hearing. The regulations also determine the procedure of the public hearing. The recommendations of the public hearing are taken into account in making decisions on building by the council of the municipality. The decision is distributed in public places. The decision of the council can be appealed in the court
Draft Law on Regional Development (1997)
The purpose of this law is "to put into shape a system of state, local and regional municipalities (self-governments) development planning and procedure which promotes implementation of sustainable development policy in the country and its regions." One of the tasks of the law is "to ensure the public the possibility of acquiring information, expressing its opinion and participating in the planning process."
One of the principles of development planning is the principle of publicity. According to this, any state and municipal development plan and land-use plan shall be worked out on the basis of active public participation, promotion of its initiative, providing publicity of information and decisionmaking.
A draft law contains articles that determine very detailed procedures of public discussion of development plans, (i.e. organization of public discussion, rights of physical and legal persons in public examination of development plans).
Article 11 states that in the process of preparation of development plans and land-use plan at the national level, the responsible ministry provides for observation of the principle of publicity:
However, progress is also being made because more precise public participation procedures are enclosed in new drafts (i.e. regulations on territorial planning, regional development, EIA, etc.). The lack of precise public participation norms in the Regulations of Territorial Planning was one of the reasons for working out new regulations.
Another very important reason that a detailed public participation procedure is included in the new drafts is EU requirements for public participation. As to public participation in decisionmaking, usually only experts may influence a decision because of an expert's knowledge and experience. A well-known person in society also has a chance to influence decisionmakers. It is an advantage if such a person represents public interests. Unfortunately, it does not happen very often in the environmental field. A lot of experts whose opinion or proposals are taken into consideration represent business interests.
Perhaps the reason NGOs are almost never taken seriously is because of their lack of knowledge on the issues the government requires. As one of the priorities of Latvia's government is joining the European Union, there is a need for persons experienced in approximation issues, environmental legislation, policy, etc.
Experience shows that knowledge of legislation is not the strongest point of Latvia's NGOs. There is also no information on deeper interest of NGOs in this field. Perhaps one reason that NGOs are often not fully informed of relevant legislation is the fact that they cannot get consultations on environmental legislation free of charge, although they could get legal advise free of charge at the NGO Center. Legal services are provided three times per week.
The NGO Center has registered more than 3,000 NGOs in Latvia. Environmental NGOs also have been registered at the center. The NGO Center provides help for NGOs in several ways. One of the ways is financial support through several programs. NGOs are also able to get financial support from the MEPRD, particularly via the Environmental Protection Fund.
The constitution provides a right to hold referenda under certain circumstances. For a referendum on a bill to be held, it must first be passed by parliament. Then prior to its promulgation by the signature of parliament, either the president or one-third of the members of parliament must vote for a referendum. The referendum will go forward if ten percent of the electorate confirms the motion. The referendum may be called off, however, if the bill is passed a second time by parliament by a three-fourths majority. If the electorate fails to confirm the motion for referendum, the law must be promulgated at the end of the usual two month period for promulgation. Fifty percent of the total electorate vote is necessary for a referendum to annul a law.
It is clear that these requirements make it next to impossible to implement the right to referendum in practice. The procedure is very complicated. It is less complicated to hand in a draft to the MEPRD or to lobbies for further promotion to the corresponding commission of parliament. Moreover, the constitution does state some exemptions in which referenda are not permitted, (e.g. budget, taxes, customs, etc.).
Right to Initiative
The public has a right to initiative, by which the public reserves a right to propose legislation by petition of 10 percent of the electorate.
According to the Law on Environmental Protection, public organizations, movements and citizens are entitled to carry out public control of environmental protection. Its aim is to ensure that persons observe the requirements of environmental protection rules. To ensure implementation of this norm in practice, the Statute of Environmental Public Inspectors (1996) has been accepted. According to the statute, public environmental inspectors help state environmental inspectors in environmental control. According to the law, the cabinet of ministers has affirmed the Statute of Environmental State Inspection.
The statute states that Environmental State Inspection carries out its tasks in cooperation with state and municipal institutions, public organizations and public state environmental protection inspectors, and the relevant foreign control and supervision institutions.
The statute is approved by the Minister of the MEPRD (1996). Public inspectors voluntarily help state environmental inspectors control observation of environmental protection laws and regulations. They have the right to check the legality of the use of natural resources, the use of territory and the operation of small ships.
Environmental state inspectors have the right to require and receive information free of charge from physical and legal persons on environmental protection and natural resources usage. According to the Statutes of Environmental State Inspection, inspectors have to furnish information on situations of environmental protection and nature resources use for state and municipal institutions.
In territorial planning, public participation is provided for at all planning levels. Public opinions may be submitted to the planning authority. Any person, natural or legal, whose objections have been disregarded has the right to complain to the MEPRD.
Under the procedure planned in the Draft Law on Regional Development (1997), every person has the right to receive a motivated answer to their written proposals in the terms determined for public discussion.
One of the tasks of the law is "to provide the public with the possibility of acquiring information, expressing its opinion, and participating in the planning process." Moreover, the draft law determines rights of physical and legal persons in public examination of development plans and states that any natural person and legal entity during the period of time envisaged for public discussion has a right to submit opinions in written form and to receive a motivated answer, and any natural person and legal entity has a right to participate in public discussion, debates, and to express an opinion and submit proposals.
According to Article 12 of the Draft Law on Environmental Impact Assessment (1997), a property developer must organize public hearings about the environmental impact assessment draft report. The draft states that the responsible institutions making the decision to let the developer start the proposed activity also must take into consideration public opinion.
Municipalities announce planning information about the places and terms where and when the proposals shall be submitted, envisaging sufficient time for expression and evaluation of opinions.
The draft law determines the right of physical and legal persons in the public examination of development plans, stating that any natural person or legal entity has a right to get acquainted with development plans and land-use plan.
According to the constitution, the state president, cabinet of ministers, commissions of parliament and not less than five members of parliament have the right to submit the draft to parliament. Thus, on the one hand NGOs have provided participation rights in decisionmaking. On the other hand, NGOs have to have lobbying possibilities.
A similar procedure is possible for NGOs by submitting their prepared drafts to the cabinet of ministers. However, according to the Regulations of the Internal Order and Actions of the Cabinet of Ministers (1996). NGOs have no rights to hand in the draft by themselves. Only the minister who is responsible for the relevant issue may submit the draft of an NGO.
Openness of Parliament
National parliament sessions and government committee meetings are closed to the public. However, the public has the right to participate, but must request a permit several days in advance. It is allowed for the public to ask for the agenda of the session or meeting.
On the whole, the public can follow the activities of parliament if it lets parliament know it in advance. The public has only observers' rights and they cannot speak or give any objections on the activities. The parliament's sessions are broadcast by radio. However, parliament can decide in closed sessions.
Local government sessions are open to the public. The agenda of the session is published in the local newspaper several days before the session. Therefore, every person has the right to participate in the session when issues are discussed. Local government committee sessions are usually closed to the public, but the public may receive information on the agenda of the meeting.
The constitution gives a right to every person to take his/her claim to court to protect his/her rights. An administrative procedure allows citizens to participate in and initiate court proceedings.
Starting a civil process is regulated by the general principles of the civil procedure law. This means that a person whose rights are violated must have a legal interest to start a procedure.
If the state official is a civil servant, the Law on Public Civil Service (1994) is applied. The Law on Public Civil Service determines disciplinary proceedings. It states that civil servant has to be responsible for the lawfulness of his/her official activities.
Article 29 determines that disciplinary proceedings may be initiated against a civil servant for violation of the law and other normative acts in performing official responsibilities.
Disciplinary violations, disciplinary penalties and the procedure of their application is provided by the Regulations on Disciplinary Penalties of Civil Servants (1994).
Besides disciplinary penalties, a civil servant can be administratively, criminally and financially liable. According to the regulations, a victim in a disciplinary case is a physical person who has suffered morally, physically or financially by disciplinary penalty and a legal person who has incurred moral and financial harm.
An activity of a civil servant is unlawful if it contradicts legal norms or instructions. According to the regulations, a victim has a right to appeal against the decision of the chief of a state civil institution on the termination of disciplinary case.
According to the Law on Environmental Protection (1991), any person, public organization, environmental protection institution or prosecutor can lodge a claim in court for damage compensation caused by illegal activity.
The legislative acts do not provide for appealing to the court in any administrative act. For example, you cannot appeal against the decision of the State Environmental Expertise. The assessment report issued by the expertise is considered final.
The Administrative Violations Code provides good possibilities for appeals in court against administrative decisions. There is no information on whether citizens have ever made use of the right. Often, a higher institution cancels the decision of subordinate institution if the decision had no legal grounds. There have been no cases of appeal against the decision of the State Environmental Expertise, as the decision of the experts is considered to be final.
The courts in Latvia have played a minor role so far in the implementation of environmental legislation. They do however have the function to settle disputes in some situations, defined in the legislation. One important civil law example concerns compensation for damage resulting from violations of environmental legislation.
The court system in Latvia is defined in the Law On Courts Order (1992)
There are four levels of courts:
There is no institution of an ombudsman in Latvia at present.
On the vertical level, there are three kinds of courts: civil, criminal and administrative. The civil courts judge upon financial liability and property law cases. The criminal court judges cases where environmental requirements are violated and the violation is a criminal offense.
The administrative court judges upon cases of administrative violations according to the Administrative Violations Code, complaints of persons on activities carried out by state administrative institutions and officials, as well as other cases connected with administrative legal relations. Important from an environmental point of view is the role of administrative courts in environmental cases according to the Administrative Violations Code.
District (city) courts are established according to the administrative territorial division. The court is the first instance in civil and criminal cases as well as in cases arising from administrative legal relations.
Latvia has five regional courts. Regional courts act as first instance courts in certain cases and court of appeal in certain other decisions by district court.
The supreme court consists of the Senate and two courts chambers: court chamber of civil cases and court chamber of criminal cases. The courts chamber is the court of appeal in cases judged upon by regional courts as first instance courts. The senate is the court of appeal in all cases decided by regional and district courts. It has three departments: civil case department, criminal case department and administrative case department.
The courts of chambers as well as the Senate have the right to work out binding explanations for courts.
A Law on the Constitutional Court has been accepted in 1996. Since 1997 the constitutional court has been working. The constitutional court sees that drafts to be adopted should not contradict the constitution, constitutional laws and international conventions. The court does not review applications from public or individuals.
Conflicts arising from administration of the Law on Hazardous Waste, i.e. regarding permits, can be reported to the MEPRD, which may decide upon the matter. This decision may in turn be appealed to the court. The law contains no procedure for hearings or other forms of public participation. Hearings are sometimes included in the procedure on assessments according to the Law on Ecological Expertise.
| TABLE 1: Administrative Standing | ||
|---|---|---|
| In the administrative decisionmaking process | In the administrative appeal of administrative decisionmaking process | |
Individuals |
||
| every person | - | - |
| interested/affected | X | X |
NGOs |
||
| everyone | - | - |
| interested/affected | X | X |
| TABLE 2: Legal Standing Against Government | |||||
|---|---|---|---|---|---|
| Special administrative court | Civil court | Criminal court | Arbitration court or special economic courts | Constitutional court | |
Individuals |
|||||
| every person | - | X | - | - | - |
| interested/affected | X | X | X | - | - |
NGOs |
|||||
| everyone | - | X | - | - | - |
| interested/affected | X | X | X | - | - |
| TABLE 3: Legal Standing Against Polluters | |||||
|---|---|---|---|---|---|
| Special administrative court | Civil court | Criminal court | Arbitration court or special economic courts | Constitutional court | |
Individuals |
|||||
| every person | - | X | - | - | - |
| interested/affected | - | X | X | - | - |
NGOs |
|||||
| everyone | - | X | - | - | - |
| interested/affected | - | X | X | - | - |
Environmental cases which are decided in favor of environmental public interest have not been examined yet.
