Constitutional Court cases

Law on Higher Education Institutions: language requirements in higher education

A challenge to the first sentence of Article 3.1 of the Law on Higher Education Institutions against Article 91 (equality) and Article 109 of the Constitution. A continuation of the disputes over the language of instruction at universities.

Riga City Council binding regulations on admission

Examination of a municipal provision on the procedure for registering and reviewing applications. An example of how access to education is shaped by municipal acts, not only by statutes.

Section 50(1)(1) of the Education Law

The provision was examined against Article 106 of the Constitution — the right to freely choose one’s occupation. Concerns requirements applied to people working in education.

Amendments to the Education Law: transition to instruction in the state language

Challenges to Sections 1, 5, 6 and 12 of the amendments of 29 September 2022, insofar as they introduce Paragraph 102 of the transitional provisions. Nine cases were joined into a single set of proceedings — the largest dispute over the language of instruction in recent years. See the official case page for the substance of the judgment.

Joined cases: 2023-16-01, 2023-17-01, 2023-18-01, 2023-19-01, 2023-20-01, 2023-21-01, 2023-22-01, 2023-23-01, 2023-24-01, 2023-31-01

The 2022 amendments: the first challenge to Paragraph 102

A challenge to Section 9(1.1) of the Education Law and sub-paragraph 1 of Paragraph 102 of the transitional provisions against Article 1, the first sentence of Article 112 and Article 114 of the Constitution. This case precedes the 2023 cluster by a year and concerns the same provision.

Paragraph 7 of the transitional provisions of the Citizenship Law

The provision was examined against the first sentence of Article 91 of the Constitution — equality before the law. The most recent of the citizenship cases in this catalogue.

The 2018 amendments to the Education Law: the secondary-school stage

A challenge to Part 1 of Section 1 of the amendments of 22 March 2018 against Article 1, the second sentence of Article 91, the first sentence of Article 112 and Article 114 of the Constitution. The middle instalment between 2004 and 2023 — the same dispute three times over, argued against nearly the same set of articles.

Joined cases: 2018-12-01, 2019-04-01, 2019-06-01

Official Language Law and the right to private life

A challenge to Section 18(1) and Section 21(1) of the Official Language Law against Article 96 of the Constitution — the right to private life. Concerns the rendering of personal names.

Levels of proficiency in the official language and the testing procedure

Examination of an annex to Cabinet Regulation No. 733 of 2009 on levels of language proficiency and their testing. These are the rules that set which level a given occupation requires — and therefore who may work in it.

Counting non-citizens’ employment periods towards pensions

A challenge to a transitional provision of the Law on State Pensions concerning the counting of non-citizens’ employment and equivalent periods. Where status meets social rights — a difference in status translates here into a difference in income in old age.

Citizenship Law: the registration deadline of 1 July 1995

Examination of transitional-provision wording tying rights to registration by a fixed date. Missing such a deadline means losing the right — which is why these provisions reach the court repeatedly.

Sections 3 and 9 of the Citizenship Law

The provisions were examined against Article 91 of the Constitution — equality before the law. Concerns the conditions for acquiring citizenship.

Refusal to issue residence permits

A challenge to the words “residence permits are not issued” in Section 35 of the law on the entry and residence of foreign citizens and stateless persons. The right to reside underpins everything else — work, family, social protection.

Funding of private educational institutions by language of instruction

A challenge to the second sentence of Section 59(2) of the Education Law insofar as it ties state participation in funding private educational institutions to programmes being delivered in the official language. Examined against Article 91 of the Constitution and Article 14 of the European Convention on Human Rights read together with Article 2 of Protocol No. 1.

Transitional provisions of the Education Law: the 2004 school reform

A challenge to sub-paragraph 3 of paragraph 9 of the transitional provisions against Articles 1, 91 and 114 of the Constitution and Article 2 of Protocol No. 1. The historical twin of the 2023 cases: the same dispute over the language of instruction, twenty years earlier. Read together, the two show how the question developed.

Law on the status of non-citizens

Examination of provisions in the law on the status of former USSR citizens who are not citizens of Latvia or any other state. This is the founding statute of non-citizen status — the reference point for any discussion of non-citizens.

Spelling of personal names

Examination of Section 19 of the Official Language Law and Regulation No. 295 of 2000 on the spelling and identification of personal names. One of the oldest and longest-running disputes: how a person’s name is written in official documents.

Insurance periods for foreign citizens and stateless persons

Examination of a transitional provision on the insurance periods of foreign citizens and stateless persons whose permanent place of residence before 1 January 1991 was in Latvia. The earliest case in this catalogue, and the first stage of a dispute that continued in 2010.