The Latvian people have adopted, through their freely elected Constituent (Satversme) Assembly, the following
SECTION I
General Regulations
Article 1.
Latvia shall be an independent and democratic Republic.
Article 2.
The sovereign power of the Latvian State shall belong to the People of Latvia.
Article 3.
The territory of the Latvian State shall consist of Vidzeme, Latgale, Kurzeme and Zemgale, within the boundaries stipulated by international treaties.
Article 4.
The national flag of the Latvian State shall be red with a white stripe.
The Saeima (Parliament)
Article 5.
The Saeima shall consist of one hundred representatives of the people.
Article 6.
The Saeima shall be elected in general, equal, direct and secret elections, on the basis of proportional representation.
Article 7.
In dividing Latvia into separate electoral districts, the number of parliamentary representatives to be elected from each district shall be proportionate to the number of electors in that district.
Article 8.
All Latvian citizens, who enjoy all rights and who on the election day have reached 18 years of age, shall be entitled to vote. (The January 27, 1994 amendment published in Latvijas Vestnesis, No. 19, February 12, 1994.)
Article 9.
Any Latvian citizen, who is over twenty-one years of age on the first day of elections, may be elected to the Saeima.
Article 10.
The Saeima shall be elected for a period of three years.
Article 11.
The Saeima elections shall take place on the first Sunday in October and on the preceding Saturday.
Article 12.
The newly-elected Saeima shall hold its first sitting on the first Tuesday in November, on which day the powers of the previous Saeima shall have expired.
Article 13.
Should the Saeima elections, by reason of the dissolution of the previous Saeima, take place at another time of year, the Saeima thus elected shall assemble not later than one month after its election, and its powers shall expire after two years, on the first Tuesday in November, on which day a new Saeima shall assemble.
Article 14.
The electors may not recall any Members of the Saeima.
Article 15.
The Saeima shall assemble in Riga. It may assemble elsewhere only in extraordinary circumstances.
Article 16.
The Saeima shall elect its Board, which shall consist of the Chairperson, his/her two Deputies and Secretaries. The Board of the Saeima shall carry on its work uninterrupted for the duration of the term of the Saeima.
Article 17.
The first sitting of the newly-elected Saeima shall be opened by the Chairperson of the preceding Saeima or by any other Board member as assigned by the Board.
Article 18.
The Saeima itself shall examine the mandates of its members.
Article 19.
The Board shall convene sessions and decree regular and extraordinary sittings.
Article 20.
The Board shall convene sittings of the Saeima at the request of either the President of State, the Prime Minister, or not less than one-third of the members of the Saeima.
Article 21.
The Saeima shall draw up the Rules of Procedure for the regulation of its internal proceedings.
Article 22.
The sittings of the Saeima shall be public. At the request of ten members of the Saeima, the President of State, the Prime Minister or any one Minister, the Saeima may decide, by a majority of not less than two-thirds of the members present, to sit in camera.
Article 23.
The sittings of the Saeima may take place if at least one-half of the members are present.
Article 24.
Except in cases otherwise provided for by the Constitution, the Saeima shall pass its resolutions with an absolute majority vote of the members present.
Article 25.
The Saeima shall elect standing Committees, determine the number of their members and their duties. The Committees shall be entitled to request the respective Ministers and Local Authorities to supply any information necessary for their work, and also to invite responsible representatives of the respective Ministries and Local Authorities to their meetings, for the purpose of obtaining explanations. The Committees may carry on their work between the sessions.
Article 26.
At the request of not less than one-third of its members, the Saeima shall appoint parliamentary investigation commissions to deal with special issues.
Article 27.
The Saeima shall have the right to address the Prime Minister or any other Minister with submissions and questions to which they, or responsible officials empowered by them, shall reply. At the request of either the Saeima or its Committees, the Prime Minister, or any other Minister, shall provide relevant papers and documents.
Article 28.
The members of the Saeima shall be exempt from judicial, administrative and disciplinary prosecution, in connection with their voting and with ideas expressed in the fulfillment of their duties. Even if it is done through the fulfillment of official duties, members of the Saeima are liable to prosecution for: 1) the dissemination of defamatory information with the knowledge that it is false; or 2) the dissemination of defamatory information about private or family life.
Article 29.
Members of the Saeima may not be arrested or searched, nor may their personal liberty be restricted in any way, without the sanction of the Saeima. Members of the Saeima shall be liable to arrest, if apprehended in the act of committing a crime. The Board of the Saeima shall be notified of the arrest of any member of the Saeima within twenty-four hours. A report shall be presented by the Board at the next sitting of the Saeima, whereupon the Saeima shall decide as to whether the member shall remain under arrest or be liberated. During the period between sessions, the Board of the Saeima shall determine whether the member of the Saeima shall remain under arrest.
Article 30.
Members of the Saeima shall not be liable to judicial or administrative prosecution for criminal actions, without the sanction of the Saeima.
Article 31.
Members of the Saeima shall have the right to withhold evidence: 1) concerning persons who have entrusted them, as Representatives of the People, with certain facts or data; 2) concerning persons to whom they, as Representatives of the People, have entrusted certain facts or data; 3) concerning such facts and data.
Article 32.
Members of the Saeima may not undertake Government Contracts or receive Government concessions in their name or in that of any other person. The provisions of this Article shall refer to Ministers, even if they are not members of the Saeima.
Article 33.
Members of the Saeima shall receive remuneration from State funds.
Article 34.
No person shall be held accountable for circulating reports about sittings of the Saeima or its Committees, if such reports correspond to facts. Accounts of sittings in camera of either the Saeima or its Committees, may only be published with the sanction of the Board of either the Saeima or the respective Committee.
The President of State
Article 35.
The President of State shall be elected by the Saeima for a period of three years.
Article 36.
The President of State shall be elected by secret ballot with a majority of not less than fifty-one votes from the Saeima members.
Article 37.
No person who is under forty years of age may be elected President of State.
Article 38.
The office of the President of State shall not be compatible with any other office. If the elected President is a member of the Saeima, he/she shall resign from the Saeima.
Article 39.
The same person cannot hold office as the President of State for more than six consecutive years.
Article 40.
On assuming office at the first sitting of the Saeima after his/her election, the President of State shall take the following solemn oath:
“I swear that all of my efforts shall be devoted to the good of the people of Latvia. I will do everything in my power to promote the well-being of the State of Latvia and its population. I will hold sacred and observe the Constitution and the state laws of Latvia. I will be just to all persons and I will fulfill my duties to the best of my ability.”
Article 41.
The President of State shall represent the State in an international capacity; he/she shall accredit Latvian representatives abroad, and receive accredited representatives of foreign states. He shall carry out the decisions of the Saeima concerning the ratification of international treaties.
Article 42.
The President of State shall be the chief of the armed forces of the State. In a time of war, he/she shall appoint a Commander-in-Chief.
Article 43.
The President of State shall declare war on the basis of a decision of the Saeima.
Article 44.
The President of State shall have the right to take steps indispensable to the military defense of the country, if another State has declared war on Latvia, or if an enemy is attacking Latvian frontiers. At the same time, the President of State shall immediately convene the Saeima, which shall decide upon the declaration of war and the commencement of hostilities.
Article 45.
The President of State shall have the right to pardon criminals undergoing penal sentences. This right of pardon shall not apply to cases where the Law provides a different mode of pardon. Amnesty shall be granted by the Saeima.
Article 46.
The President of State shall have the right to convene extraordinary meetings of the Cabinet for the discussion of an agenda prepared by him/her, and to preside over such meetings.
Article 47.
The President of State shall have the right of legislative initiative.
Article 48.
The President of State shall have the right to propose the dissolution of the Saeima. This shall be followed by a referendum. If in the referendum more than one-half of the votes are cast in favour of dissolution, the Saeima shall be considered as dissolved and new elections shall be proclaimed. These elections shall take place within two months after the dissolution of the Saeima.
Article 49.
Upon dissolution of the Saeima, its members shall retain their powers until the newly-elected Saeima has assembled. The former Saeima may only assemble on being convened by the President of State. The agenda for such sittings shall be determined by the President of State.
Article 50.
If in the referendum the dissolution of the Saeima is opposed by more than one-half of the votes cast, the President of State shall be regarded as dismissed and the Saeima shall elect a new President of State for the remaining period of office of the President who has been dismissed.
Article 51.
On the motion of not less than one-half of the members of the Saeima, the Saeima, at the sitting to which the public is not admitted, may decide by a majority vote of not less than two-thirds of their number, to dismiss the President of State. After this decision, the Saeima shall immediately elect a new President of State.
Article 52.
Should the President of State resign from his/her office, die or be dismissed before the end of his/her office, the duties shall be carried out by the Chairman of the Saeima, pending the election of a new President of State. Likewise, the Chairman of the Saeima shall take the office of the President of State, should the latter be absent from the territory of Latvia or in any other way be prevented from fulfilling his/her duties.
Article 53.
The President of State shall not bear political responsibility for his/her actions. All decrees of the President of State shall be countersigned by the Prime Minister, or by the Minister concerned, who shall thereby assume full responsibility for the decrees, except in cases foreseen in Articles forty-eight and fifty-six.
Article 54.
The President of State may be held criminally accountable if the Saeima sanctions thus with a majority vote of not less than two-thirds of its members.
The Cabinet
Article 55.
The Cabinet shall consist of the Prime Minister and the Ministers nominated by him/her.
Article 56.
The Cabinet shall be formed by a person who is entrusted with that task by the President of State.
Article 57.
The number of Ministers and the scope of their activities, as well as the mutual relations among government departments shall be fixed by law.
Article 58.
The state administrative institutions shall be subordinated to the Cabinet.
Article 59.
In order to fulfill their duties, it is necessary that the Prime Minister and Ministers receive the confidence of the Saeima and they shall be responsible to the Saeima for their actions. If the Saeima expresses a vote of no-confidence in the Prime Minister, the whole Cabinet shall resign. If the Saeima expresses a vote of no-confidence in particular Minister, the Minister shall resign and the Prime Minister shall nominate another person to take his/her place.
Article 60.
The meetings of the Cabinet shall be presided over by the Prime Minister, or, in his/her absence, by another Minister so empowered by the Prime Minister.
Article 61.
The Cabinet shall discuss all draft laws drawn up by the Ministries and all issues concerning the activities of various ministries; likewise all issues of State policy put forward by individual members of the Cabinet.
Article 62.
If the State is threatened by a foreign invasion, or, if disorders endangering the existing order of the State arise within the State or any part of the State, the Cabinet shall have the right to proclaim a state of emergency. In the event of such a state of emergency, the Board of the Saeima shall be notified by the Cabinet within twenty-four hours, and the Board shall put the decision of the Cabinet before the Saeima without delay.
Article 63.
Ministers, even if they are not members of the Saeima, and responsible State Officials empowered by Ministers, shall have the right to be present at the sittings of the Saeima or its Committees, and to introduce amendments to draft laws.
Legislation
Article 64.
The right of legislation shall belong to both the Saeima and to the people, within the limits laid down in this Constitution.
Article 65.
Draft laws may be presented to the Saeima by the President of State, the Cabinet, the Committees of the Saeima, no less than five members of the Saeima or, in cases and in a manner provided for in this Constitution, by one-tenth of the electors.
Article 66.
Before the commencement of each financial year, the Saeima shall approve the State Revenue and Expenditure Budget, the draft of which shall be submitted by the Cabinet.
If the Saeima passes a resolution involving expenditure not foreseen in the Budget, it shall specify in this resolution the sources of revenue with which to meet such expenditure.
After the end of the financial year, the Cabinet shall submit, for the confirmation of the Saeima, a statement showing the actual implementation of the Budget.
Article 67.
The Saeima shall decide on the strength of the armed forces of the State in time of peace.
Article 68.
The ratification of the Saeima shall be indispensable to all international agreements dealing with issues to be settled by legislation.
Article 69.
The President of State shall promulgate laws passed by the Saeima not before the seventh and not later than the twenty-first day after their adoption. If no other term is fixed, the laws shall take effect fourteen days after their promulgation.
Article 70.
The President of State shall promulgate laws according to the following formula: “The Saeima (i.e. the People) has adopted and the President of State promulgates the following law: (text of the law)”.
Article 71.
Within seven days after the adoption of a law by the Saeima, the President of State shall be entitled to ask, by means of explanatory letter addressed to the Chairman of the Saeima, for the review of that law. If the Saeima does not amend the law, the President of State shall not have the right to raise any further objections.
Article 72.
The President of State shall have the right to suspend the promulgation of a law for a period of two months. He/She shall suspend the promulgation at the request of not less than one-third of the members of the Saeima. This right shall be exercised by the President of State or by one-third of the members of the Saeima within seven days after the adoption of the law by the Saeima. The law thus suspended, shall be submitted to a referendum, if not less than one-tenth of the electors so request. Should such a request not be formulated within a period of two months as mentioned above, the law shall be promulgated upon the expiration of that period. The referendum shall not be taken, however, if the Saeima puts this law to a vote once more and if then not less than three-fourths of all the members are in favour of its adoption.
Article 73.
The following matters shall not be submitted to a referendum: the budget, laws concerning loans, taxes, custom's duties, railway tariffs, military service, the declaration and commencement of war, the settlement of peace, the declaration of a state of emergency and its termination, mobilization, demobilization, foreign treaties.
Article 74.
A law, adopted by the Saeima and suspended in the procedure set forth in Article 72, shall be annulled by a referendum, if the number of voters participating in the referendum is at least half of the number of the electors who participated in the previous Saeima elections and if the majority has voted for the annulment of the law. (The March 21, 1933 amendment published in Valdibas Vestnesis, No. 74, March 31, 1933.)
Article 75.
Should the Saeima determine the urgency of a law with a majority of not less than two-thirds, the President of State may not demand a second review of the law; it may not be submitted to a referendum and shall be promulgated within three days after the President has received the adopted law.
Article 76.
The Saeima may amend the Constitution at sittings at which at least two-thirds of its members are present. The amendments shall be passed in the course of three readings, by a majority of not less than two-thirds of the members present.
Article 77.
If the Saeima has amended the first, second, third or sixth Article of the Constitution, such amendments, in order to acquire the force of Law, shall be submitted to a referendum.
Article 78.
Not less than one-tenth of the electors shall have the right to submit to the President of State a fully elaborated draft for the amendment of the draft law, which shall be submitted to the Saeima by the President. If the Saeima does not adopt this draft law without substantial amendments, it shall be submitted to a referendum.
Article 79.
Such amendments to the Constitution as have been submitted to a referendum shall be adopted, if at least half of those who have the right to vote have declared themselves in their favour. Such draft laws as have been submitted to a referendum shall be adopted if the number of voters participating in the referendum is at least half of the number of the electors who participated in the previous Saeima elections and if the majority has voted for the adoption of the draft law. (The March 21, 1933 amendment published in Valdibas Vestnesis, No. 74, February 12, 1933.)
Article 80.
All Latvian citizens who have the right to vote in the elections of the Saeima are entitled to take part in the referendum.
Article 81.
In cases of urgent necessity between sessions, the Cabinet shall have the right to issue regulations which shall have the force of Law. These regulations may not amend: the law on Saeima elections, laws concerning judicial constitution and procedure, the budget and budget rights, and laws passed by the Saeima then in power; they shall not apply to amnesty, the issue of Treasury notes, State taxes, customs, railway tariffs, loans and they shall become null and void if not presented to the Saeima within three days of the opening of the following session.
Courts
Article 82.
All citizens shall be equal before the Law and the Courts.
Article 83.
The judges shall be independent and bound only by Law.
Article 84.
The appointment of judges shall be confirmed by the Saeima and they may not be dismissed. The judges may be dismissed from their office against their will only upon the decision of the Court. The retiring age limit for judges shall be fixed by Law.
Article 85.
Trial by jury shall exist in Latvia in accordance with a specific law.
Article 86.
Judgment shall be passed solely by such institutions which have been so entitled by Law and in such a manner as specified by Law. The Court-Martial shall function in accordance with a specific law.
State Control
Article 87.
The State Control shall be an independent collegiate institution.
Article 88.
The State Controllers shall be appointed and confirmed in the same manner as the judges, but only for a definite period during which they may be dismissed solely upon the decision of the Court. The organization of the State Control and the competency thereof shall be fixed by a specific law.
J. CAKSTE
President of the Constituent Assembly
R. IVANOVS
Secretary of the Constituent Assembly
Adopted by Latvia’s Constituent (Satversme) Assembly at their meeting of February 15th, 1922.
Source of information: The 5th Saeima of the Republic of Latvia, Riga, 1994.