Constitutional Law and Proceedings before
the Constitutional Court
The Constitutional Court handles cases on the constitutional compliance of domestic laws. Therewith constitutional litigation would be the proper solution in case the problem faced by the client lies not in improper application of the law but instead – in the law itself. Equally the Constitutional Court might serve the purpose of the ultimate institution for seeking justice in case all other available remedies have been exhausted.
Constitutional litigation is complex and requires special knowledge in constitutional and human rights. The filing of a constitutional complaint is a time-consuming effort that covers analytical examination of legislative instruments, specialist knowledge of their practical application, competence in international practice and specific aspects underlying the relevant field. According to the statistics, at times constitutional challenge lacks accuracy and in-depth understanding. From all constitutional complaints in over 90% of cases the Constitutional Court has not even initiated proceedings.
Attorneys of Šķiņķis Pētersons law firm have substantial experience in constitutional litigation and a proven record of success in handling diverse matters on a vast array of subjects. In the absolute majority of cases the Constitutional Court has initiated proceedings, if the complaint has been drafted by one of our attorneys, and most of the time the Court has ruled in favour of the client.
For example the attorneys of law firm Šķiņķis Pētersons have successfully drafted complaints and represented clients before the Constitutional Court in the following cases:
a collective management organization in a case concerning the list of objects subject to royalties (2011-17-03)
commercial bank in a case concerning the procedure for completing insolvency proceedings (2012-25-01)
broadcasting organization in a case regarding changes in the language use in radio broadcasts (2015-15-01)
the case of currency exchange and precious metal investment company regarding the requirements of the Bank of Latvia for the sale and purchase of currency (2015-11-03)
the case regarding the procedure for resuming criminal proceedings because of newly discovered circumstances (2015-19-01)
the case on the procedure for taking the decision on the annulment of the special permit for access to state secrets (2016-06-01)
the case involving a construction company on the procedure for the refusal to issue the industrial safety certificate (2017-20-0103).
The firm’s attorneys have ensured proper representation before the Constitutional Court of claimants, likewise the parliament (Saeima) and other parties to the case.
Considering that the attorneys of the firm have valuable experience and a strong record of dealing with complex constitutional complaints, prior to bringing a matter before the Constitutional Court our attorneys may draft an opinion on constitutional compliance. Such opinion may be used for legislative purposes, for evaluating the validity of the planned legal regulation or to substantiate the introduction or the refusal to implement any specific legislative initiative.