RESPONSIBILITY OF JUDGES IN ASSESSMENT OF RESTRICTION OF FUNDAMENTAL RIGHTS IS STRESSED AT THE CONFERENCE OF THE CONSTITUTIONAL COURT
11 December, 2015
On Friday, 11 December, when addressing participants of the conference “Admissibility of restrictions of fundamental rights in democratic state”, Ivars Bickovics, the Chief Justice of the Supreme Court, pointed out that fundamental rights may also be restricted in democratic state in general interest of majority, and stressed involvement of judges in assessment of restrictions of fundamental rights.
The Chief Justice of the Supreme Court pointed out that a judge in his or her daily routine, when examining the case and resolving the dispute, must be able to identify source of regulation on fundamental rights to establish level of fundamental rights and to ensure protection of scope of respectively defined fundamental right. “ It may be dimension of the European Union law, and then the main regulation will be the Charter of Fundamental Rights of the European Union; if it is issue related to domestic law, then minimum standards will be determined by the European Court of Human Rights and guarantees stipulated in the European Convention for Protection of Human Rights and Fundamental Freedoms, however, the Constitutional Court possibly has developed some provision on protection of fundamental rights, having interpreted provisions of the Constitution of the Republic of Latvia,” the Chief Justice of the Supreme Court said.
The conference on constitutional law held due to the 19th anniversary of the Constitutional Court was dedicated to issues related to necessity for restrictions of fundamental rights and determination thereof, and assessment of constitutionality of restrictions of fundamental rights. Apart from Latvian experts in human rights and judges of the Constitutional Court of the Republic of Latvia, judges of Constitutional Courts of Lithuania and Ukraine also presented their reports at the conference.
Information prepared by
Rasma Zvejniece, the Head of the Division of Communication of the Supreme Court
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