Our team successfully provided legal assistance to the municipality of Carnikava region concerning the Administrative Territorial Reform. During the reform, Carnikava municipality will merge with Ādaži municipality in one joint Ādaži region municipality.
In this regard, the municipality of Carnikava region states that by adopting the Administrative territory and populated area law, the legislator has not respected the municipality’s rights under Sections 1 and 101(1) of the Constitution of the Republic of Latvia, as well as Articles 4(6) and 5 of the European Charter of Local Self-Government and the requirements for a sound legislative process. Therefore, the Constitutional Court of the Republic of Latvia decided on 27 August 2020 to initiate a case.
The Constitutional Court determined that the legislator – the Saeima – must submit a reply regarding its view on the actual circumstances of the case and the corresponding legal grounds by 27 October 2020.
The Constitutional Court has set a 5-month term for the preparation of the case – 27 January 2021. We should note that as many as 11 municipality cases have already been initiated in the context of the territorial reform. Moreover, their number might grow, as municipality applications do not have a set deadline for submission and one-third of the present de facto municipalities have expressed their dissatisfaction with the Administrative territory and populated area law.
Irrespective of the case outcome for Carnikava region and other affected municipalities, its effect on the Latvian legal system has already been noted as significant and worthy of special attention.
Legal assistance to the municipality of Carnikava region is provided by partner Andris Tauriņš with senior associate Jorens Jaunozols, and associate Linards Ābelīte.