[Text consolidated by Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) with amending laws of: 21 March 1933; 27 January 1994; 5 June 1996; 4 December 1997; 15 October 1998; 30 April 2002; 8 May 2003; 23 September 2004.

If a whole or part of a Chapter has been amended, the date of the amending law appears in square brackets at the end of the Chapter.]

THE CONSTITUTION

OF THE REPUBLIC OF LATVIA

adopted on 15 February 1922

[relevant parts]

Chapter I

General Provisions

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2. The sovereign power of the State of Latvia is vested in the people of Latvia.

[15 October 1998]

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Chapter II

The Saeima¹

5. The Saeima shall be composed of one hundred representatives of the people.

6. The Saeima shall be elected in general, equal and direct elections, and by secret ballot based on proportional representation.

7. In the division of Latvia into separate electoral districts, provision for the number of members of the Saeima to be elected from each district shall be proportional to the number of electors in each district.

8. All citizens of Latvia who enjoy full rights of citizenship and, who on election day have attained eighteen years of age shall be entitled to vote.

9. Any citizen of Latvia, who enjoys full rights of citizenship and, who is more than twenty-one years of age on the first day of elections may be elected to the Saeima.

10. The Saeima shall be elected for a term of four years.

11. Elections for the Saeima shall be held on the first Saturday in October.

12. The newly elected Saeima shall hold its first sitting on the first Tuesday in November, when the mandate of the previous Saeima shall expire.

13. Should elections for the Saeima, by reason of the dissolution of the previous Saeima, be held at another time of the year, the Saeima so elected shall convene not later than one month after its election, and its mandate shall expire upon the convening of the new Saeima on the first Tuesday in November following the elapse of three years after such election.

14. The electors may not recall any individual member of the Saeima.

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18. The Saeima itself shall review the qualifications of its members.

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29. Members of the Saeima shall not be arrested, nor shall their premises be searched, nor shall their personal liberty be restricted in any way without the consent of the Saeima. Members of the Saeima may be arrested if apprehended in the act of committing a crime. The Presidium shall be notified within twenty-four hours of the arrest of any member of the Saeima; the Presidium shall raise the matter at the next sitting of the Saeima for decision as to whether the member shall continue to be held in detention or be released. When the Saeima is not in session, pending the opening of a session, the Presidium shall decide whether the member of the Saeima shall remain in detention.

30. Without the consent of the Saeima, criminal prosecution may not be commenced and administrative fines may not be levied against its members.

31. Members of the Saeima have the right to refuse to give evidence:

1) concerning persons who have entrusted to them, as representatives of the people, certain facts or information;

2) concerning persons to whom they, as representatives of the people, have entrusted certain facts or information; or

3) concerning such facts or information itself.

32. Members of the Saeima may not, either personally or in the name of another person, receive government contracts or concessions. The provisions of this Article shall apply to Ministers even if they are not members of the Saeima.

[27 January 1994; 4 December 1997; 15 October 1998; 30 April 2002]

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Chapter III

The President

35. The Saeima shall elect the President for a term of four years.

36. The President shall be elected by secret ballot with a majority of the votes of not less than fifty-one members of the Saeima.

37. Any person who enjoys full rights of citizenship and who has attained the age of forty years may be elected President. A person with dual citizenship may not be elected President.

38. The office of the President shall not be held concurrently with any other office. If the person elected as President is a member of the Saeima, he or she shall resign his or her mandate as a member of the Saeima.

39. The same person shall not hold office as President for more than eight consecutive years.

40. The President, at the first sitting of the Saeima held after the election of the President, on assuming office, shall take the following solemn oath:

"I swear that all of my work will be dedicated to the welfare of the people of Latvia. I will do everything in my power to promote the prosperity of the Republic of Latvia and all who live here. I will hold sacred and will observe the Constitution of Latvia and the laws of the State. I will act justly towards all and will fulfil my duties conscientiously."

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47. The President has the right to initiate legislation.

48. The President shall be entitled to propose the dissolution of the Saeima. Following this proposal, a national referendum shall be held. If in the referendum more than half of the votes are cast in favour of dissolution, the Saeima shall be considered dissolved, new elections called, and such elections held no later than two months after the date of the dissolution of the Saeima.

49. If the Saeima has been dissolved, the mandate of the members of the Saeima shall continue in effect until the newly elected Saeima has convened, but the dissolved Saeima may only hold sittings at the request of the President. The agenda of such sittings shall be determined by the President.

50. If in the referendum more than half of the votes are cast against the dissolution of the Saeima, then the President shall be deemed to be removed from office, and the Saeima shall elect a new President to serve for the remaining term of office of the President so removed.

51. Upon the proposal of not less than half of all of the members of the Saeima, the Saeima may decide, in closed session and with a majority vote of not less than two-thirds of all of its members, to remove the President from office.

52. If the President resigns from office, dies or is removed from office before their term has ended, the Chairperson of the Saeima shall assume the duties of the President until the Saeima has elected a new President. Similarly, the Chairperson of the Saeima shall assume the duties of the President if the latter is away from Latvia or for any other reason unable to fulfil the duties of office.

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54. The President may be subject to criminal liability if the Saeima consents thereto by a majority vote of not less than two-thirds.

[4 December 1997]

Chapter V

Legislation

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65. Draft laws may be submitted to the Saeima by the President, the Cabinet or committees of the Saeima, by not less than five members of the Saeima, or, in accordance with the procedures and in the cases provided for in this Constitution, by one-tenth of the electorate.

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72. The President has the right to suspend the proclamation of a law for a period of two months. The President shall suspend the proclamation of a law if so requested by not less than one-third of the members of the Saeima. This right may be exercised by the President, or by one-third of the members of the Saeima, within ten days of the adoption of the law by the Saeima. The law thus suspended shall be put to a national referendum if so requested by not less than one-tenth of the electorate. If no such request is received during the aforementioned two-month period, the law shall then be proclaimed after the expiration of such period. A national referendum shall not take place, however, if the Saeima again votes on the law and not less than three-quarters of all members of the Saeima vote for the adoption of the law.

73. 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.

74. A law adopted by the Saeima and suspended pursuant to the procedures specified in Article seventy-two shall be repealed by national referendum if the number of voters is at least half of the number of electors as participated in the previous Saeima election and if the majority has voted for repeal of the law.

75. Should the Saeima, by not less than a two thirds majority vote, determine a law to be urgent, the President may not request reconsideration of such law, it may not be submitted to national referendum, and the adopted law shall be proclaimed no later than the third day after the President has received it.

76. The Saeima may amend the Constitution in sittings at which at least two-thirds of the members of the Saeima participate. The amendments shall be passed in three readings by a majority of not less than two-thirds of the members present.

77. If the Saeima has amended the first, second, third, fourth, sixth or seventy-seventh Article of the Constitution, such amendments, in order to come into force as law, shall be submitted to a national referendum.

78. Electors, in number comprising not less than one tenth of the electorate, have the right to submit a fully elaborated draft of an amendment to the Constitution or of a law to the President, who shall present it to the Saeima. If the Saeima does not adopt it without change as to its content, it shall then be submitted to national referendum.

79. An amendment to the Constitution submitted for national referendum shall be deemed adopted if at least half of the electorate has voted in favour. A draft law, decision regarding membership of Latvia in the European Union or substantial changes in the terms regarding such membership submitted for national referendum shall be deemed adopted if the number of voters is at least half of the number of electors as participated in the previous Saeima election and if the majority has voted in favour of the draft law, membership of Latvia in the European Union or substantial changes in the terms regarding such membership.

80. All citizens of Latvia who have the right to vote in elections of the Saeima may participate in national referendums.

81. During the time between sessions of the Saeima, the Cabinet has the right, if there is an urgent need, to issue regulations that have the force of law. Such regulations may not amend the law regarding elections of the Saeima, laws governing the court system and court proceedings, the Budget and rights pertaining to the Budget, as well as laws adopted during the term of the current Saeima, and they may not pertain to amnesty, state taxes, customs duties, and loans and they shall cease to be in force unless submitted to the Saeima not later than three days after the next session of the Saeima has been convened.

[21 March 1933; 4 December 1997; 15 October 1998; 8 May 2003; 23 September 2004]

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Chapter VIII

Fundamental Human Rights

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100. Everyone has the right to freedom of expression, which includes the right to freely receive, keep and distribute information and to express their views. Censorship is prohibited.

101. Every citizen of Latvia has the right, as provided for by law, to participate in the work of the State and of local government, and to hold a position in the civil service. Local governments shall be elected by Latvian citizens and citizens of the European Union who permanently reside in Latvia. Every citizen of the European Union who permanently resides in Latvia has the right, as provided by law, to participate in the work of local governments. The working language of local governments is the Latvian language.

102. Everyone has the right to form and join associations, political parties and other public organisations.

103. The State shall protect the freedom of previously announced peaceful meetings, street processions, and pickets.

[15 October 1998; 30 April 2002; 23 September 2004]

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