Popular Initiatives as Means of Altering the Core of the Republic of Latvia

• Author: Kristine Jarinovska
• Position: Dr. iur., Leading Researcher, University of Latvia
• Pages: 152-159

152 JURIDICA INTERNATIONAL XX/2013

Kristne Jarinovska

Dr. iur., Leading Researcher

University of Latvia

Popular Initiatives as

Means of Altering the Core

of the Republic of Latvia

1. Introduction

The Constitution of the Republic of Latvia (the Satversme) is the oldest Eastern or Central European con-

stitution still in force and the sixth oldest still-functioning republican basic law in the world, having been

adopted by the Constitutional Assembly of Latvia (Satversmes sapulce) on 15 February 1922.

The Satversme provides for various forms of direct popular participation. Besides the ordinary right to

elect the Parliament, it sets forth rights

– to propose (Article 78 of the Satversme), adopt (Article 78 through Article 79, §1 of the Satversme),

and repeal (articles 72 and 74 of the Satversme) ordinary law;

– to propose (Article 78 of the Satversme), adopt (Article 78 and Article 79, §1 of the Satversme),

and repeal (articles 72 and 74 of the Satversme) amendments to the Satversme, which includes a

right to approve amendments made by Parliament to the core articles—1, 2, 3, 4, 6, and 77—of the

Satversme (Article 77 of the Satversme);

– to propose (articles 14 and 48 of the Satversme) and decide on recalling the Parliament (Article 48

of the Satversme);

– to decide on removing the President instead of recalling the Parliament, if the President proposes

a recall (Article 50 of the Satversme); and

– to decide on participation in the European Union, including to discontinue participation (Article

68, §3 and Article 79, §2 of the Satversme), and on terms of participation in the European Union

(Article 68, §4 and Article 79, §2 of the Satversme).

There are some limitations in respect of subjects of referenda and time for organising a referendum, yet

they are few. Means of legislative referenda are not to be used for decision on matters related to ‘the Budget

and laws concerning loans, taxes, customs duties, railroad tariffs, military conscription, declaration and

commencement of war, peace treaties, declaration of a state of emergency and its termination, mobilisation

and demobilisation, as well as agreements with other nations may not be submitted to national referendum’

(Article 73 of the Satversme), with the exception of certain questions of the European Union. As to conf‌i -

dence referenda, electors’ right to propose recalling Parliament ‘may not be exercised [for] one year after

the convening of the Saeima [the Latvian Parliament] and one year before the end of the term of off‌i ce of the

Saeima, during the last six months of the term of off‌i ce of the President, as well as earlier than six months

after the previous national referendum regarding recalling of the Saeima’ (Article 14 of the Satversme).