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Outstanding Legal Business Environment in Latvia: Interaction between the Parliament, the President of the State and the Constitutional Court

Language
English
Pages
22
2017 / 1
Digital Edition

Outstanding Legal Business Environment in Latvia:
Interaction between the Parliament,
the President of the State and the Constitutional Court

Anita Rodiņa

Dr.iur., Associate Professor at the University of Latvia Law Faculty

 

Legal regulation is one of the aspects that forms an outstanding business environment. The evaluation of Latvian business environment clarifies that the quality of the legislation is one of the topical problems which need to be solved. This article explores the role and importance of the legislator in following the principle of good legislation. The normative acts and the case law of the Constitutional Court, and also the doctrine have laid down rules for a legislator to pass a high-quality law. If those guidelines are not observed, remedies, including by the Constitutional Court, can be used. The article explains the significance of the abstract review applications submitted by Saeima deputies who can help to resolve a legal dispute about the constitutionality of a law that restricts entrepreneurs’ rights faster and also without entrepreneurs spending resources for ensuring legal assistance. In the meantime, direct access to the Constitutional Court for a person, including a legal person, if their fundamental human rights are violated, is a privilege for entrepreneurs. The article points out also the role of the State President, as in 2016 the President has become actively involved in improving the quality of legislation in two ways. His reaction on the promulgation of laws by using his suspensive veto rights proves that the President is a real guardian of the Satversme. His veto rights were later reflected in the legislation initiative submitted to the Saeima, making proposals to improve the legislation procedure.

 

* The paper is supported by the National Research Program 5.2. “Economic Transformation, Smart Growth, Governance and Legal Framework for the State and Society for Sustainable Development - a New Approach to the Creation of a Sustainable Learning Community (EKOSOC-LV)”.

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