COMMISSION STAFF WORKING DOCUMENT 2021 Rule of Law Report Country Chapter on the rule of law situation in Latvia Accompanying the COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS 2021 Rule of Law Report The rule of law situation in the European Union
Date: 2021-07-20
Institutions: European Commission, Secretariat-General
Subjects: Latvia, administrative transparency, coronavirus disease, corruption, democracy, epidemic, independence of the judiciary, infringement of EU law, political rights, rule of law

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 20.7.2021  SWD(2021) 719 final  COMMISSION STAFF WORKING DOCUMENT 2021 Rule of Law Report  Country Chapter on the rule of law situation in Latvia Accompanying the COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS 2021 Rule of Law Report  The rule of law situation in the European Union {COM(2021) 700 final} - {SWD(2021) 701 final} - {SWD(2021) 702 final} - {SWD(2021) 703 final} - {SWD(2021) 704 final} - {SWD(2021) 705 final} - {SWD(2021) 706 final} - {SWD(2021) 707 final} - {SWD(2021) 708 final} - {SWD(2021) 709 final} - {SWD(2021) 710 final} - {SWD(2021) 711 final} - {SWD(2021) 712 final} - {SWD(2021) 713 final} - {SWD(2021) 714 final} - {SWD(2021) 715 final} - {SWD(2021) 716 final} - {SWD(2021) 717 final} - {SWD(2021) 718 final} - {SWD(2021) 720 final} - {SWD(2021) 721 final} - {SWD(2021) 722 final} - {SWD(2021) 723 final} - {SWD(2021) 724 final} - {SWD(2021) 725 final} - {SWD(2021) 726 final} - {SWD(2021) 727 final}  
 
 
ABSTRACT  

The Latvian justice system has benefitted from measures to further improve its independence, 
quality,  and  efficiency.  The  new  procedure  for  selecting  candidate  judges,  established  to 
strengthen judicial independence, started to be applied. The Judicial Council approved a new 
strategy  for  2021-2025  aiming  at  increasing  judicial  independence.  However,  the  Council 
keeps  operating  with  limited  resources,  in  particular  as  regards  its  staff  –  an  issue  already 
raised in the 2020 Rule of Law Report. A new Code of Ethics for judges has been adopted to 
modernise  guidance  on  ethics,  which  had  not  been  amended  since  1995.  The  level  of 
digitalisation  of  courts  and  the  prosecution  services  is  high,  and  efforts  are  ongoing  to 
develop  it  further.  The  Government  intends  to  create  a  new  training  centre,  centralising  all 
training in the justice system. It would be important that the judiciary is adequately involved 
in  its  governance  and  supervision.  The  newly  created  Economic  Court  is  becoming 
operational and will require sufficient resources as regards both staff and training to be able 
to handle complex economic and financial cases efficiently. 

The  legislative  reforms  adopted  by  Latvia  to  strengthen  the  effectiveness  of  the  anti-
corruption framework remain to be fully implemented. Legislation criminalises the offences 
of abuse of office, domestic and foreign bribery, and trading in influence. A new Action Plan 
to prevent corruption is  under preparation. The investigation and prosecution of corruption-
related  offences  continues  to  be  a  shared  task  among  different  authorities.  Measures  were 
taken  to  increase  the  capacity  of  the  Corruption  Prevention  and  Combating  Bureau  to 
investigate corruption cases. Work on the integrity framework for the prevention of conflicts 
of interest  continued, but  the provisions regulating  “revolving doors”  and post-employment 
restrictions  remain  limited.  Lobbying  remains  unregulated,  while  the  draft  legislation 
continues to be discussed by the Parliament. The State Audit Office audited more than 90% 
of the funding spent in 2020 for COVID-19 related support measures. 

As regards media freedom and pluralism, new legislation has been adopted to transpose the 
Audiovisual  Media  Service  Directive,  which  aims  to  strengthen  the  independence  of  the 
media  regulator,  the  National  Electronic  Mass  Media  Council,  while  its  remit  has  been 
reduced  by  excluding  the  operational  oversight  of  public  service  media.  Although  a 
comprehensive framework for the protection of journalists and the right to access information 
is  in  place,  it  appears  that  journalists  continue  to  face  personal  attacks  online,  often  from 
politicians. Steps were taken to mitigate the economic impact of the COVID-19 pandemic on 
the  media.  In  addition,  some  concerns  were  expressed  about  journalists’  limited  access  to 
information during the COVID-19 pandemic.  

Measures to address the COVID-19 pandemic were adopted in the framework of the state of 
emergency,  which  ended  in  April  2021.  The  Parliament  continued  to  work  remotely  and 
reviewed the pandemic-related measures. However, Parliament could only approve or reject 
ex post the Government measures that mostly had already entered into force under the state of 
emergency and could not amend them. The Ombudsperson's Office was re-accredited with an 
A-status and continued to monitor measures related to the pandemic. New Guidelines for the 
development  of  a  more  cohesive  civil  society  for  the  period  2021-2027  were  adopted  by 
Government,  which  also  allocated  financial  support  to  NGOs  to  mitigate  the  impact  of  the 
COVID-19 pandemic. 

1 

 
I. 

JUSTICE SYSTEM  

The Latvian justice system has three tiers. At first instance, there are nine district (city) courts 
dealing with civil and criminal cases, and one district administrative court. A new specialized 
Economic Court deals with certain  economic and financial crimes. At second  instance, five 
regional  courts  are  dealing  with  civil  and  commercial  cases  and  there  is  one  regional 
administrative  court.  The  Supreme  Court,  at  third  instance,  is  handling  criminal,  civil  and 
administrative  cases.  The  Constitutional  Court  carries  out  constitutional  review.  An 
independent Judicial Council is tasked with participating in the development of policies and 
strategies for the judicial system  and the improvement of its organisation. Furthermore, the 
Council  deals  with  selecting  candidate  judges,  appointing  and  dismissing  court  presidents, 
determining  the  judicial  map  and  approving  the  content  of  training.  Candidate  judges  are 
selected through  an open competition  organised  by the Judicial  Council, ranked  and placed 
on a list, from which the Minister for Justice proposes the candidate with the highest number 
of points to the Parliament (Saeima) for appointment. After three years and an evaluation by a 
judicial  body,  judges  are  appointed  for  an  indefinite  term  by  the  Parliament  on  a  proposal 
from  the  Minister  for  Justice.  The  Prosecution  Office  is  an  independent  judicial  institution 
under  the  authority  of  the  Prosecutor  General.  Latvia  participates  in  the  European 
Prosecutor’s  Office  (EPPO).  The  Latvian  Council  of  Lawyers  is  an  independent,  self-
governing professional organisation, which is in charge of disciplinary proceedings regarding 
lawyers. 

Independence  

The level of perceived independence has risen since 2016 both among companies and the 
general  public,  and  remains  average.  Among  the  general  population,  57%  consider  the 
level  of  independence  of  courts  to  be  ‘fairly  or  very  good’,  as  well  as  53%  of  companies1. 
The perceived level of independence has improved since 2016 both among the general public 
and companies, and it increased by 12% for the general population and by 6% for companies 
in 20212. 

The  new  procedure  for  selecting  candidate  judges  and  strengthening  judicial 
independence has started to be applied. As described in the 2020 Rule of law Report, the 
Judicial  Council  determined  the  new  procedure  for  the  selection  of  candidate-judges,  a 
competence transferred by a 2018 law from the executive to the Council3. The Commission 
for  the  selection  of  judicial  candidates  for  district  and  regional  courts  established  by  the 
Judicial Council started its work on 22 October 2020, and implemented this competence for 
the  first  time  to  select  the  judges  of  the  newly  created  Economic  Court.  Building  on  the 
experience gained during this selection process,  in April 2021, the Judicial Council slightly 
adjusted  the  procedure  for  selecting  candidates  for  district  and  regional  court  judges, 
improving  both  the  content  of  examinations  and  evaluation  criteria  and  the  organisation  of 

1   Figures 48 and 50, 2021 EU Justice Scoreboard. While 5% of the general population and 7% of companies 
indicate  that  they  perceive  the  level  of  judicial  independence  to  be  ‘very  good’  and  52%  of  the  general 
population and 51% of companies perceive  it as  ‘fairly good’, 29% of  the  general population and 26% of 
companies  perceive  the  level  of  judicial  independence  to  be  ‘fairly  or  very  bad’.  The  level  of  perceived 
judicial  independence  is  categorised  as  follows:  very  low  (below  30%  of  respondents  perceive  judicial 
independence  as  fairly  good  and  very  good);  low  (between  30-39%),  average  (between  40-59%),  high 
(between 60-75%), very high (above 75%). 
2   Figures 48 and 50, 2021 EU Justice Scoreboard.  
3   2020 Rule of Law Report, Country chapter on the rule of law situation in Latvia, p. 2. 

2 

 
                                                 
the  process,  particularly  as  regards  the  written  test4.  The  Council  considered  the  overall 
implementation  of  the  procedure  to  be  successful.  The  amended  rules  will  govern  the 
selection process for vacancies in civil and criminal regional courts starting in May 20215. 

The  Judicial  Council  adopted  its  strategy  for  2021-2025  aiming  at  increasing  judicial 
independence.  The  overarching  goal  of  the  new  strategy,  approved  in  March  2021,  is  to 
increase  the  level  of  independence,  quality  and  accountability  of  justice  by  achieving  the 
judiciary’s equal representation in the dialogue between the branches of state power6. To this 
effect,  the  strategy  proposes  to  entrust  the  Judicial  Council,  instead  of  the  executive,  with 
judicial training7. It also aims, among others, at strengthening the functioning and the role of 
the  Judicial  Council  as  well  as  the  self-organisation  capacity  of  the  judiciary.  This  is 
important to reinforce the operational autonomy of courts, as the Judicial Council only gives 
opinions  in  relation  to  the  financing  of  the  judiciary8,  and  the  Supreme  Court  is  the  only 
national court which plans and requests its budget independently. 

A  new  Code  of  Ethics  for  judges  has  been  adopted.  In  February  2021,  a  new  Code  of 
Judicial Ethics9 was adopted by the Judicial Ethics Commission10. It replaced the one in place 
since  1995,  which  had  become  obsolete  in  several  respects.  In  particular,  the  new  Code  is 
designed as a set of principles instead of detailed rules of conduct, and no longer deals with 
situations that are now covered by law or regulations. On average, the Commission processes 
between  10  and  20  cases  of  alleged  violation  of  ethics  per  year.  While  the  Commission 
decides  simple  cases,  more  serious  violations  are  referred  for  decision  and  disciplinary 
measures  to  the  Judicial  Disciplinary  Board.  In  2020,  a  member  of  the  judiciary  was 
disciplined for breaching restrictions linked to the COVID-19 pandemic11.  

Quality  

The level of digitalisation of courts and the prosecution services is high and efforts are 
ongoing to develop it further. As reported last year12, the deployment of ICT by the Latvian 
justice system  is  among  the most advanced in  the EU, especially for case management and 
court  activity  statistics,  communication  with  court  parties  and  online  publication  of 
judgments,  most  of  which  are  machine-readable13.  The  project  to  introduce  an  e-Case 

4   Judicial Council, Press release of 16 April 2021: The procedure for selecting candidates for the position of a 

judge has been improved. 

5   Information received in the context of the country visit to Latvia.  
6   Strategy of the Judicial Council for 2021-2025, 12 March 2021. 
7   According to paragraph 16 of Opinion no. 4 of the Consultative Council of European Judges (CCJE), “The 
judiciary  should  play  a  major  role  in  or  itself  be  responsible  for  organising  and  supervising  training. 
Accordingly, and in keeping with the recommendations of the European Charter on the Statute for Judges, 
the CCJE advocates that these responsibilities should, in each country, be entrusted, not to the Ministry of 
Justice  or  any  other  authority  answerable  to  the  Legislature  or  the  Executive,  but  to  the  judiciary  itself  or 
another independent body (including a Judicial Service Commission)”. 

8   Under Art. 50(5) of the Law on Judicial Power, the Ministry of Justice can submit the proposed budget to the 

Ministry of Finance despite a differing opinion of the Judicial Council. 

9   See Annex I. 
10   According to Art. 91.1 of the Law on Judicial Power, the Judicial Ethics Commission is a collegial judicial 
self-government authority whose main objective is to provide opinions on the interpretation and violations of 
ethical rules, as well as to explain rules of judicial ethics. It is composed of ten judges elected by the Judges' 
Conference by a secret ballot. 

11   Information received in the context of the country visit to Latvia. 
12   2020 Rule of Law Report, Country chapter on the rule of law situation in Latvia, p. 5. 
13   Figures 40, 41, 44, 45, and 47, 2021 EU Justice Scoreboard. 

3 

 
                                                 
Management System to modernise the recording of procedural actions and the digitalisation 
of record-keeping is  making progress14.  In the first  phase, the Government plans to  include 
the investigation and judicial process, and the full implementation is  planned for 202315. In 
2020,  as  part  of  the  pilot  project,  eleven  courtrooms  were  equipped  with  screens  for  the 
examination of cases online, and the plan is to equip most courtrooms by the end of 202116. 
However, following a performance audit, the State Audit Office concluded that the program 
management of the e-Case project must be improved17. The availability of secure electronic 
communication  tools  for  the  prosecution  services  still  requires  further  development, 
particularly  concerning  their  communication  with  defence  lawyers,  detention  facilities, 
investigative authorities and courts18. Such secure electronic communication channels would 
support the more expedient and efficient preparation of the proceedings in front of the court. 

The Government intends to create a new training centre, centralising all training in the 
judiciary, by the end of 2024.  Training for judges and court staff is currently provided  by 
the  Latvian  Judicial  Training  Centre,  established  as  a  foundation  in  1995  and  based  on  a 
multiannual agreement. This institutional model lacks stability in terms of long-term planning 
of  the  training  in  the  justice  system,  as  the  contract  is  periodically  subject  to  public 
procurement19.  Moreover,  funds  allocated  to  judicial  training  are  currently  managed  by  the 
Court  Administration,  an  institution  subordinated  to  the  Ministry  of  Justice,  with  limited 
input  from  the  judiciary.  The  Judicial  Council  approves  the  content  of  the  training 
programmes  of  judges  and  court  employees,  whereas  the  Prosecutor  General’s  Office  is 
responsible  for  initial  and  continuous  in-service  training  of  prosecutors.  The  new  training 
centre  would  become  a  single  training  institution  for  judges  and  prosecutors,  as  well  as 
specialised  investigators,  judicial  staff  and  assistant  prosecutors.  In  its  Strategy  for  2021-
2025, the Judicial Council announced its objective “to take over the training of judges from 
the executive branch”20, and its involvement in the setting up and management of the training 
centre would provide an opportunity to meet this objective. The creation of the training centre 
would bring more institutional and financial stability to the training and further increase the 
quality  of  the  Latvian  justice  system.  The  new  training  centre  is  planned  to  adopt  an 
interdisciplinary  training  approach,  and  to  cover  all  professionals  involved  in  the 
administration of justice, which is in line with the Strategy on European judicial training for 
2021-2024  of  the  European  Commission  and  the  conclusions  of  the  Council  of  the  EU  on 
promoting  the  training  of  judicial  professionals21.  It  would  be  important  that  the  judiciary 

14   Input from Latvia for the 2021 Rule of Law Report, p. 8. 
15   Input from Latvia for the 2021 Rule of Law Report, p. 8. 
16   Input from Latvia for the 2021 Rule of Law Report, p. 8. 
17   The  results  of  the  performance  audit  on  the  “Effectiveness  of  investigations  and  trials  of  the  criminal 
offences  in  the  economic  and  financial  area”  were  made  public  on  11  January  2021.  See  Annex  I.  In 
particular, the State Audit Office noted that the development and implementation of the e-Case should have 
started from the initial stage of the investigation, which generates the most significant volume of documents, 
instead of at the stage of the proceedings. This solution creates additional work for the Prosecutor’s Office 
related to the scanning of documents generated by the investigative institutions at least until 2024, when the 
investigative institutions will join the e-Case system for criminal proceedings. 

18   Figure 43, 2021 EU Justice Scoreboard. 
19   This issue was raised by the Government and other stakeholders in the context of the country visit to Latvia. 
20   Strategy of the Judicial Council for 2021-2025, 12 March 2021. See also the Independence section, above. 
21   The  Council  Conclusions  of  10  March  2021,  Boosting  Training  of  Judicial  Professionals,  support  the 
European  Commission  Strategy  on  European  judicial  training  for  2021-2024  of  2  December  2020 
(COM(2020)  713  final)  and  confirm  that  “European  judicial  training  should  address  all  the  professionals 
involved  in  the  administration  of  justice:  judges,  prosecutors  and  judicial  staff  and  other  justice 
practitioners” and emphasise “the multidisciplinary approach that judicial training should involve”.  

4 

 
                                                 
(judges  and  prosecutors)  itself  be  involved  in  the  governance,  supervision  and  setting  of 
priorities of the new training centre, in line with European standards22. 

The newly  created Economic Court is  becoming operational.  The Court has jurisdiction 
over  certain  types  of  civil  cases23  as  well  as  corruption  cases  and  economic  and  financial 
crimes.  The  Court  is  planned  to  have  ten  judges24  and  21  administrative  assistants25.  The 
Economic Court started working from 31 March 2021 and, thus far, nine out of its ten judges, 
with  varied  professional  (including  financial)  background,  but  none  of  them  having  been 
judges  before,  have  been  appointed  following  the  new  selection  procedure  mentioned 
above26. In order to provide professional support to the new judges of the Economic Court, 
the  Judicial  Council  ensured  mentoring  support27.  They  were  each  assigned  a  mentor  and 
offered  specialised  training  on  legislation  related  to  money  laundering,  as  well  as 
commercial, competition and financial law. Training related to insurance matters is planned 
in the second half of 2021. It is expected that the Economic Court will deal with between 250 
and 500 cases per year28, which would require sufficient resources as regards both staff and 
training,  so  that  complex  economic  and  financial  cases  can  be  efficiently  handled29.  The 
Ministry of Justice is monitoring closely the development related to the activity of the court 
and intends to review the situation after the first year of operations30. 

The Judicial Council operates with a shortage of resources. The 2020 Rule of Law Report 
found  that,  despite  gaining  new  powers,  the  Judicial  Council  is  experiencing  a  shortage  of 
human  resources,  which  could  impede  the  exercise  of  its  new  powers31.  Since  then,  there 
were  no  developments  regarding  financial  and  human  resources32.  One  of  the  budgetary 
priorities of the Supreme Court for 2022-2024 is building the capacity of the Judicial Council 
by creating additional positions for an adviser and a consultant. 

22   “The judiciary should play a major role in or itself be responsible for organising and supervising training.” 
Opinion  no.  4  of  the  Consultative  Council  of  the  European  judges  (CCJE)  on  Appropriate  Initial  and  In-
service  Training  for  Judges  at  national  and  European  Levels,  27  November  2003,  para.  16.  The  nine 
fundamental judicial training principles adopted in 2016 by the European Judicial Training Network (EJTN) 
“reiterate the importance of the support of the highest judicial authorities in the training process”. 

23   These  include  disputes  arising  from  investment,  infringements  of  competition  law,  legal  relations  of 
companies,  financial  collateral  or  reinsurance  contracts,  operations  with  financial  instruments  held, 
liquidation and insolvency of credit institutions. 

24   The judges are to be selected among senior practitioners  with experience in either commercial or criminal 
law. After a probationary period of three years, the Parliament will decide whether to confirm the judges, on 
a  permanent  basis.  During  the  first  year  of  activity,  two  experienced  judges,  from  both  commercial  and 
criminal courts, will mentor each new judge of the Court of economic cases. As of 15 June 2021, the Court 
had received 17 civil cases and 89 criminal cases, and the first hearings are scheduled at the end of 2021. 
25   The Economic Court does not have its own budget. The additional financing of around EUR 1.2 million was 

included in the overall budget of all courts. 

26   See section on independence above. One judge still has to take oath. 
27   Judicial Council, Call for the support of judges of the Economic Court and their mentors, 16 March 2021. 
28   Information provided by the Economic Court in the context of the country visit to Latvia. 
29   Recommendation  CM/Rec(2010)12  of  the  Committee  of  Ministers  of  the  Council  of  Europe,  para.  33: 
“[e]ach  state  should  allocate  adequate  resources,  facilities  and  equipment  to  the  courts  to  enable  them  to 
function  in  accordance  with  the  standards  laid  down  in  Article  6  of  the  Convention  and  enable  judges  to 
work efficiently”. 

30   Information  received in the context of the country visit to Latvia. 
31   2020 Rule of Law Report, Country chapter on the rule of law situation in Latvia, pp. 1 and 4. 
32   The Council still operates only with four officials. Information provided by the Council of the Judiciary in 

the context of the country visit to Latvia. 

5 

 
                                                 
Efficiency 

The  justice  system  remained  efficient  despite  the  challenges  related  to  the  COVID-19 
pandemic.  Overall, the length  of court proceedings in  civil,  commercial and administrative 
cases, measured in disposition time, remains at average or shorter than average level in EU 
comparative terms. The number of pending cases, already among the lowest in the EU, shows 
a slightly decreasing trend33. The clearance rate remains above 100%, meaning that courts are 
able  to  cope  with  incoming  cases34.  Further  progress  could  be  observed  as  regards  the 
average length of proceedings in cases involving money laundering, which further decreased 
to  212 days in  2019 (303 in  2018)35. The average length  of proceedings remained stable in 
2020, with a slight decrease in civil, criminal and administrative cases in first instance courts 
and a slight increase in  civil and criminal cases  in second instance36. In February 2020, the 
Judicial Council called on the Supreme Court to set up a working group to analyse the causes 
for  lengthy  proceedings  in  civil,  criminal  and  administrative  matters.  The  working  group 
submitted three reports to the Council of the Judiciary on the rules of procedure, concluding 
that while each type of procedure presents distinctive challenges, judges are the facilitators of 
all procedures and therefore emphasis should be put on their training37.  

II. 

ANTI-CORRUPTION FRAMEWORK  

The legislative and institutional framework to prevent and prosecute corruption is broadly in 
place. The Corruption Prevention and Combating Bureau (KNAB) is a specialised body with 
competence  to  investigate  corruption-related  offences  and  prevent  corruption.  The  General 
Prosecutor’s  Office  supervises  pre-trial 
investigations  of  corruption-related  offences 
conducted  by  the  KNAB.  Other  institutions  with  anti-corruption  competences  are  the  State 
Police,  which  investigates  corruption  in  private  institutions  and  fraud;  the  Internal  Security 
Bureau, which investigates corruption-related criminal offences committed by the officials of 
the institutions subordinated to the Ministry of the Interior; the Internal Security Board of the 
State  Revenue  Service,  which  investigates  criminal  offences  committed  by  State  Revenue 
Service officials, and the State Border Guard, which investigates corruption involving State 
Border Guard's officers.  

The perception among experts and business executives is that the level of corruption in 
the  public  sector  remains  relatively  high.  In  the  2020  Corruption  Perceptions  Index  by 
Transparency  International,  Latvia scores 57/100  and ranks 12th  in  the European Union and 
42th globally38. This perception has been relatively stable39  over the past five years40. 

33   Figures 6-16, 2021 EU Justice Scoreboard. 
34   Figures 11-13, 2021 EU Justice Scoreboard. 
35   Figure 22, 2021 EU Justice Scoreboard. 
36   From  2018  to  2019,  the  average  length  of  proceedings  in  first  instance  courts  decreased  from  244  to  239 
days  in  litigious  civil  cases,  from  164  to  153  days  in  criminal  cases,  and  from  304  to  248  days  in 
administrative  cases.  In  second  instance  courts,  it  increased  from  130  to  136  days  in  litigious  civil  cases, 
from 99 to 110 days in criminal cases and decreased from 194 to 192 days in administrative cases. Data from 
the Court Administration. 

37   Input from Latvia for the 2021 Rule of Law Report, p. 10. 
38   Transparency  International,  Corruption  Perceptions  Index  2020  (2021),  pp.  2-3.  The  level  of  perceived 
corruption is categorised as  follows: low (the perception among experts and business executives of public 
sector  corruption scores  above  79);  relatively  low  (scores  between  79-60),  relatively  high  (scores  between 
59-50), high (scores below 50).   

6 

 
                                                 
A  new  Action  Plan  to  prevent  corruption  is  under  preparation.  The  Corruption 
Prevention  and  Combating  Bureau  (KNAB)  has  started  drafting  the  Corruption  Prevention 
and  Combating  Action  Plan  for  2021-202441,  which  is  due  for  adoption  in  summer  202142. 
National legislation in force criminalises corruption and related offences, including the abuse 
of office, domestic and foreign bribery, and trading in influence43. 

The  Corruption  Prevention  and  Combating  Bureau  has  expanded  its  investigative 
capacity.  The  Corruption  Prevention  and  Combating  Bureau’s  (KNAB)  competences  in 
preventing  corruption  include  the  monitoring  of  conflicts  of  interest  and  political  party 
financing44  as  well  as  investigation  of  corruption-related  offences.  KNAB  has  an  allocated 
annual  budget  of  around  EUR  6.6  million  from  the  State  budget.  In  addition,  it  receives 
annually  special  funding  from  the  Ministry  of  Justice  (Fund  for  Confiscation  of  Criminal 
Assets) of about EUR 200,000 to improve the efficiency of its special criminal intelligence 
operational  activities45.  As  of  December  2020,  the  KNAB  has  recruited  additional  staff46, 
mainly investigators and financial analysts47. It also improved staff salary conditions to align 
them  with  the  level  of  other  public  institutions48.  In  2020,  KNAB  initiated  39  criminal 
proceedings, while 23 cases were transferred to the prosecution49. 

The  investigation  and  prosecution  of  corruption-related  offences  continues  to  be  a 
shared task among different authorities. The General Prosecutor’s Office supervises pre-
trial investigations of corruption-related offences conducted by the Corruption Prevention and 
Combating Bureau50. Since the beginning of 2021, the Prosecutor’s Office has dealt with 204 

39   In 2015 the score was 56, while, in 2020, the score is 57. The score significantly increases/decreases when it 
changes  more  than  five  points;  improves/deteriorates  (changes  between  4-5  points);  is  relatively  stable 
(changes from 1-3 points) in the last five years. 

40   The Eurobarometer data on corruption perception and experience of citizens and businesses as reported last 
year is updated every second year. The latest data set is the Special Eurobarometer 502 (2020) and the Flash 
Eurobarometer 482 (2019). 

41   Input from Latvia for the 2021 Rule of Law Report. 
42   It  is  envisaged  that  the  plan  will  focus  inter  alia  on  ensuring  human  resources  management  against 
corruption, reduced tolerance for corruption, and limit funds in politics, divided into 69 activities. Input from 
Latvia for the 2021 Rule of Law Report. 

43   As indicated in the 2020 Rule of  Law  Report,  in June 2019 the Parliament amended the  Criminal  Law  to 
amend the definitions of several offences of the abuse of office, bribery and trading in influence. The new 
definitions of bribery and trading in influence eliminating  certain restrictions to the scope of deeds falling 
under the definition of these offences (Grozījumi Krimināllikumā (amendments of the Criminal Law), 6 June 
2019.) 

44   Including the monitoring of the implementation of the Law on Financing of Political Organisations (Parties), 

amended in June 2020.  

45   In  order  to  strengthen  the  investigative,  intelligence  and  analytical  capacity  of  KNAB  in  preventing  and 
combatting corruptive criminal offences and associated money-laundering, in September 2020 the Cabinet of 
Ministers adopted Order No. 576 (“Action Plan for the Prevention of Money Laundering and Terrorism and 
Proliferation Financing”) aimed at strengthening the human resources of KNAB by allocating additional 19 
officers (nine posts in 2021, and ten posts in 2022). Input from Latvia for the 2021 Rule of Law Report. 

46   Only in 2020, the KNAB has filled 137 out of 152 positions (15 were vacant).  
47   These positions are currently awaiting for final clearance. 
48   Monthly remuneration of KNAB officials is to be raised by 21% in 2021, by 28% in 2022 and by 37% in 
2023 (in comparison to 2020). Input from Latvia for the 2021 Rule of Law Report, and information received 
in the context of the country visit to Latvia. 

49   In  the  same  year,  EUR  21.2 million,  including  value  of  13  immovable  properties  were  seized,  and  eleven 

cases of corruption were adjudicated (with 38 persons found guilty). 

50   The  office  consists  of  497  staff,  70  of  whom  are  prosecutors.  Since  January  2021,  two  new  units  were 
created:  one  on  customs  and  taxes,  and  the  other  on  public  economic  crimes  involving  large-scale  cases 
mainly as well as corruption. There is also a cross-cutting supporting unit, with 22 prosecutors and two data 

7 

 
                                                                                                                                                        
 
cases, and EUR 7 million of illicit funds were confiscated51. The scarcity of human resources, 
as  compared  to  the  workload,  is  a  challenge  for  the  office52.  The  Internal  Security  Bureau 
detects, prevents and investigates crimes committed by the officials and employees under the 
Ministry  of  Interior,  such  as  the  State  police53.  The  State  police  has  rules  for  integrity  in 
place54.  In  2020,  the  State  Border  Guard  forwarded  29  criminal  cases  to  the  Prosecutor's 
Office  with  a  proposal  to  initiate  criminal  prosecution,  including  one  case  involving  one 
official of the State  Border Guard55.  Between 2020  and 2021, there were  14 criminal  cases 
involving  State  Revenue  Service  (SRS)  officers,  including  bribery  and  organised  crime 
involving high-ranking officers56. 

An action plan aims to address the State Audit Office recommendations on improving 
the  quality  of  investigation  and  prosecution  of  economic  and  financial  crimes.  In 
December 2020, the State Audit Office published the results of its performance review on the 
effectiveness  of  investigations  and  trials  of  the  criminal  offences  in  the  economic  and 
financial  area57,  and  issued  recommendations  in  order  to  improve  operational  efficiency  of 
the Prosecutor’s Office58. One of the findings of the performance review was that while there 
is no shortage of resources in the Prosecutor’s Office, there is room for improvement in terms 
of  management,  governance  structure,  division  of  responsibilities  between  different  offices, 

analysts.  In  2020,  a  large  amount  of  digital  data  was  seized  and,  despite  the  in-house  expertise,  the  data 
decryption and analysis represents a challenge for the office. 

51   In 2020, 13 fines were applied for an overall amount of EUR 300,000, in addition to imprisonment sentences 
and  obligations  to  conduct  community  services.  In  the  same  year,  two  foreign  bribery  cases  were 
investigated.  One  case  of  fraudulent  public  procurement,  which  involved  one  high-administrator  and  one 
legal person (fined with EUR 77,000), was adjudicated in 2020, ranking and another case remains pending. 
Input from Latvia for the 2021 Rule of Law Report. 

52   The  workload  of  prosecutors  varies  widely,  sometimes  reaching  several  hundreds  of  cases  (see  footnote 

below on State Audit Office). Input from Latvia for the 2021 Rule of Law Report. 

53   In 2020 The Internal Security Bureau (ISB) initiated 12 criminal proceedings and 12 cases were transferred 
to the prosecution (24 officials of the State Police, the State Fire and Rescue Service and the State Border 
Guard were involved in those criminal proceedings). 

54   Namely a code of ethics (with provisions on conflict of interest and external positions, see Annex I), rotation 
for  staff,  as  well  as  specific  training  on  ethics  and  prevention  of  corruption.  An  ethics  commission  was 
established in 2020, with competence to advise officers on issues related to ethics, as well as monitoring the 
implementation of the code of conduct. Information received in the context of the country visit to Latvia. 
55   In  2020,  32  criminal  cases  were  initiated  in  connection  with  corrupt  activities  in  the  State  Border  Guard.   
Criminal  cases  initiated  against  31  persons,  of  which  one  was  an  official  of  the  State  Border  Guard.  29 
criminal cases were sent to the Prosecutor's Office with a proposal to initiate criminal prosecution. Out of the 
criminal cases sent for prosecution in 2020: in 13 criminal cases individuals were prosecuted by concluding 
an  agreement  with  a  prosecutor  on  admission  of  guilt  and  sentencing;  in  7  criminal  cases  a  prosecutor’s 
prescription was drawn by a sentence; 5 criminal cases are at the trial stage; in 3 criminal cases individuals 
have been sentenced to imprisonment; and in 1 criminal case, the prosecutor’s office decided to suspend it. 
56   In  2020,  12  persons  received  prison  sentences,  13  received  fines  and  13  community  service.  Information 

received in the context of the country visit to Latvia. 

57   State Audit Office, Performance audit Effectiveness of investigations and trials of the criminal offences in 
the  economic  and  financial  area,  23  December  2020.  The  audit  was  conducted  in  cooperation  with  the 
Organization  for  Economic  Cooperation  and  Development  (OECD),  which  provided  comparative 
information  on  organisation  of  prosecution  services  in  selected  countries.  OECD,  Performance  of  the 
Prosecution Services in Latvia - A Comparative Study, 11 January 2021.  

58   In particular, the State Audit Office recommended that a common understanding should be found between 
the  prosecutors  and  the  investigators  regarding  the  quality  of  evidence  required  to  effectively  prosecute 
economic and financial crime cases. State  Audit Office, Press release: The State  Audit  Office  calls on the 
investigating institutions and the Prosecutor’s Office to cooperate closely, 11 January 2021. 

8 

 
                                                                                                                                                        
specialisation of prosecutors59. In April 2021, the Crime Prevention Council, a governmental 
consultative  body,  approved,  with  involvement  of  the  Office  of  Prosecutor  General,  a  two-
year action plan to address the State Audit Office’s recommendations60.  

Latvia  continues  to  develop  its  integrity  framework  for  the  prevention  of  conflicts  of 
interest, whereas restrictions on post-employment remain almost unchanged61. A series 
of  amendments  to  the  Law  on  Prevention  of  Conflict  of  Interest  in  Activities  of  Public 
Officials62 are pending final  approval  by the Parliament63.  In January 2021, amendments to 
the  definition  of  public  officials  covered  by  the  law  to  include  members  of  the  Public 
Electronic Media Council entered into force64. In July 2020, the prohibition for members of 
Parliament and Government and for parliament secretaries to receive payments for positions 
held  in  associations,  foundations  or  social  enterprises  that  have  received  funding  from  the 
Government  also  entered  into  force65.  The  Parliament  is  currently  discussing  whether  to 
extend  this  prohibition  to  heads  of  municipal  councils  and  their  deputies.  Restrictions  to 
prevent conflicts of interest are limited and there have been little developments since 201866.  

Office 

59   State  Audit  Office,  Press  release:  The  State  Audit  Office  concludes  that  a  more  organised  work  of  the 
Prosecutor’s 
2021. 
While the Prosecutor’s Office does not analyse information on the workload of prosecutors, these data were 
collected  by  the  State  Audit  Office,  which  found  they  vary  widely:  from  200  to  a  maximum  of  2  000 
criminal  cases  per  prosecutor  (data  from  March  2020).  State  Audit  Office,  Does  the  operation  of  the 
Prosecutors’ Office require and improvements? 11 January 2021, pp. 21-22. 

improve 

January 

quality, 

would 

the 

11 

60   State  Audit  Office,  Press  release:  Plan  to  implement  the  SAO’s  recommendations  for  streamlining 

prosecution of economic and financial crimes, 15 April 2021. 

61   As  indicated  in  the  2020  Rule  of  Law  Report,  in  October  2019  the  Parliament  has  amended  the  Law  on 
Prevention  of  Conflict  of  Interest  in  Actions  of  Public  Officials,  among  others,  to  prohibit  members  of 
Parliament,  members  of  Government,  and  parliamentary  secretaries  from  receiving  remuneration  for 
positions  that  they  hold  in  associations,  foundations  and  social  enterprises.  The  amendment  addresses 
concerns  regarding  certain  officials  who  were  paid  by  organisations  engaging  in  policy  advocacy  and 
lobbying, hence could be regarded as having conflicts of interest. 

62   Law 

on 

Prevention 

of 
(https://likumi.lv/ta/en/en/id/61913-on-prevention-of-conflict-of-interest-in-activities-of-public-
officials#:~:text=The%20purpose%20of%20this%20Law,the%20actions%20of%20the%20public). 

in  Activities 

of  Conflict 

Interest 

of 

Public  Officials 

63   Namely  on  1)  regulating  the  asset  declaration  submission  procedure;  2)  asset  declarations  submitted  by 
Council  members  of  higher  education  institutions  and  Board  members  of  capital  companies  of  public 
persons or representing the interests of public persons; and 3) prohibition for Heads of Municipal Councils 
and their deputies from receiving payment for posts held in associations, foundations or social enterprises. 
As  reported  by  Latvian  authorities,  in  June  2021,  the  Parliament  adopted  amendments  to  ensure  that  all 
political  officials  (except  members  of  the  Cabinet  of  Ministers  and  Parliamentary  secretaries)  obtain  a 
superior's written permission for the exercise of auxiliary jobs. 

64   https://likumi.lv/ta/id/319526-grozijumi-likuma-par-interesu-konflikta-noversanu-valsts-amatpersonu-

darbiba. 

65   Ibid. 
66   The  Parliament  has  adopted  amendments  to  the  Law  on  Prevention  of  Conflict  of  Interest  in  Activities  of 
Public Officials, clarifying the definition of relatives of a public official, allowing scientific and veterinary 
work without special permissions, specifies restrictions on accepting donations and duties of public official, 
imposing the duty to clarify the declaration of a public official within one month after the decision by which 
the  person  has  been  punished  for  indicating  false  information  in  the  declaration  of  a  public  official  has 
entered into force in administrative violation or criminal proceedings, as well as imposing the duty on public 
officials  to  report  any  known  alleged  corruption  cases.  The  amendments  entered  into  force  on  3  February 
2021.  Also,  the  Parliament  has  adopted  amendments  to  the  Law  on  Prevention  of  Conflict  of  Interest  in 
Activities of Public Officials, supplementing it with a Chapter on Administrative Violations in the Field of 
Prevention of Corruption and Competence in Administrative Violations Proceedings, inter alia granting the 
State  Revenue  Service  the  right  to  bar  public  officials  from  office  (up  to  2  years)  for  submitting  false 
information in the declaration of a public official, or for not submitting the declaration after the warning of 

9 

 
                                                 
 
Lobbying remains unregulated, while the draft legislation continues to be discussed by 
the Parliament67. To date, there are no rules on lobbying transparency68 and only a few cases 
of voluntary publication of meetings between public representatives and lobbyists have been 
reported69.  In  January  2021,  the  Parliament’s  Defence,  Internal  Affairs  and  Corruption 
Prevention Committee approved a set of principles on openness and transparency, outlining 
the  prospective  content  and  scope  of  the  lobbying  law70.  According  to  these  principles,  the 
law  would  need  to  include,  among  others,  a  broad  definition  of  interest  representatives,  a 
single  mandatory  lobby  register  and  sanctions71.  Moreover,  the  law  would  cover  activities 
influencing decisions of members of Parliament, local and national governments, legislative 
bodies and top executives72. The proposal was subject to a public consultation in early 2021, 
although  there  is  no  set  date  for  parliamentary  approval73.  Nevertheless,  each  public 
institution currently has a code of ethics, with a specific chapter on lobbying. The oversight 
and  implementation  of  the  codes  of  ethics  are  under  the  competence  of  trusted  persons  of 
ethics,  which  is  a  temporary  one-year  role  performed  by  a  selected  officer  within  each 
institution. 

Whistleblowing  systems  are  being  implemented.  The  Corruption  Prevention  and 
Combating Bureau (KNAB) is the competent authority to admit and process whistleblowing 
reports  on  alleged  corruption  and  conflict  of  interest  related  offences  received  by  the  State 
Chancellery and any other competent authority. In 2020, the State Chancellery received 517 
submissions  of  general  complaints,  including  122  qualified  as  whistle-blowers  reports 
(compared to 119 in 2019). In 2020, the KNAB received a total of 53 whistleblower reports, 
of which 13 were recognised as such, 17 were transferred to other competent authorities, and 
23 were not recognised as whistleblower reports74. To date, some entities have not received 
any  reports  from  whistleblowers,  thus  awareness-raising  activities  of  this  reporting  channel 
continues75.  

The government issued guidelines to cope with the increased risk of corruption in public 
procurement related to the COVID-19 pandemic. The government  developed a series of 
guidelines in May 2020 on how to mitigate corruption risk through the existing procurement 
law.  The  State  Audit  Office  conducted  a  number  of  audits  regarding  the  COVID-19 
emergency spending, covering over 90% of funds spent in 2020 for this purpose76. As a new 
practice, the State Audit Office did not wait for the auditees to submit the financial reports, 

public authority that is entitled to request the submission thereof. The amendments entered into force on 1 
July 2020. Input from Latvia for the 2021 Rule of Law Report. 

67   2021 Rule of Law Report, Country chapter on the rule of law situation in Latvia, pp. 8 and 9. 
68   In 2020, the working group for the elaboration of a lobbying transparency law, set up in the Parliament in 

October 2019, started working on a draft law. 

69   On 21 January 2021, the Mayor of Riga Mārtiņš Staķis launched voluntarily a public register of his meetings 
with  lobbyists.  Also  the  Minister  of  environmental  and  regional  development  publishes  information  on 
lobbying. Information received in the context of the country visit to Latvia. 

70   Input from Latvia for the 2021 Rule of Law Report. 
71   Information received in the context of the country visit to Latvia. 
72   Information received in the context of the country visit to Latvia. 
73   Information received in the context of the country visit to Latvia. 
74   Input from Latvia for the 2021 Rule of Law Report. 
75   Information received in the context of the country visit to Latvia. 
76   State  Audit  Office,  Auditing  COVID-19  emergency  spending  –  Completed  Audits.  Among  the  41 
recommendations issued until May 2021 in this area,  most concerned the need to establish a  link between 
spending  and  the  COVID-19  pandemic  consequences,  on  unequal  conditions  for  beneficiaries,  and  on 
excessive administrative burden in accessing funds. 

10 

 
                                                                                                                                                        
and  issued  its  audit  recommendations  immediately  after  the  spending  finished,  so  the 
recommendations could be implemented quickly77. 

III.  MEDIA PLURALISM AND MEDIA FREEDOM  

The  Latvian  legal  framework  is  based  on  a  set  of  constitutional  safeguards  and  legislative 
measures, such as the Electronic Mass Media Law (EMML). Legislation has been adopted to 
transpose the Audiovisual Media Services Directive. The Law on the Press and Other Mass 
Media establishes the right  for the press  to  access  information  held  by the state bodies  and 
public organisations and prohibits censorship. Access to public information is also guaranteed 
by  the  Freedom  of  Information  Law78.  The  media  regulator,  the  National  Electronic  Mass 
Media Council (NEMMC), is set up by and functions in compliance with the EMML79. 

The  independence  of  the  media  regulator  –  NEMMC  –  has  been  strengthened,  but  its 
remit has been reduced.  In December 2020, the Parliament adopted the Act  amending the 
Electronic Mass Media Law, transposing the revised Audio-Visual Media Services Directive, 
which  enhances  the  independence  of  the  NEMMC.  In  particular,  the  Act  includes  a  new 
provision  stipulating  that  the  NEMCC  “shall  not  seek  or  take  instructions  from  any  other 
authority”80. The Act also envisages that the funding necessary for carrying out the functions 
of  the  NEMCC,  including  participation  in  the  work  of  European  Regulators  Group  for 
Audiovisual  Media  Services,  shall  be  allocated  from  the  State  budget.  However,  following 
the entry into force of the new Law on Public Electronic Mass Media and their Management 
(LPEMMM)81 in  December 2020, the NEMCC is no longer responsible for supervising the 
operations  of  the  public  service  media.  The  new  Law  established  two  new  independent 
authorities  for  this  purpose  -  the  Public  Electronic  Mass  Media  Council (PEMMC) and the 
Public  Electronic  Mass  Media  Ombudsperson  -  with  the  aim  of  ensuring  the  independence 
and  promoting  quality  of  public  electronic  media.  In  May  2021,  the  first  of  three  PEMMC 
members has been proposed, pending final approval by the Parliament. 

The  availability  of  information  on  media  ownership  to  the  public  raises  concerns.  As 
described  in  the  2020  Rule  of  Law  Report,  new  provisions  on  transparency  of  media 
ownership  were  introduced  with  the  amendments  to  the  EMML82.  They  oblige  prospective 
service providers to submit information on their beneficial owners to the National Electronic 
Mass Media Council, and existing service providers to submit information on any changes of 
the beneficial owner. However, the MPM 2021 indicator of transparency of media ownership 
continues to register a high risk, given that there are no obligations for media companies to 
disclose  their  ownership  structures  directly  to  the  general  public  and  without  payment83. 
Since all companies registered in Latvia, including media outlets, are obliged to provide the 
information  on  beneficial  owners  to  the  Register  of  Enterprises,  the  public  retains  the 

77   Information received in the context of the country visit to Latvia. 
78   Freedom of Information Law (https://likumi.lv/ta/en/en/id/50601). 
79   The  2021  World  Press  Freedom  Index  of  Reporters  Without  Borders  places  Latvia  at  22nd  position  (12 th 
among the EU Member States), the same as in 2020, out of 180 monitored countries. See Reporters without 
Borders, Latvia. 

80   Act  amending  the  Electronic  Mass  Media  Act  (https://likumi.lv/ta/id/318739-grozijumi-elektronisko-

plassazinas-lidzeklu-likuma).  

81   Law  on  Public  Electronic  Mass  Media  and  their  Management  (LPEMMM)  (https://likumi.lv/ta/id/319096-

sabiedrisko-elektronisko-plassazinas-lidzeklu-un-to-parvaldibas-likums).  

82   Act  amending  the  Electronic  Mass  Media  Act  (https://likumi.lv/ta/id/315661-grozijumi-elektronisko-

plassazinas-lidzeklu-likuma).  

83   2021 Media Pluralism Monitor, Latvia, p. 12 

11 

 
                                                 
possibility  to  obtain  such  information  from  that  Register.  News  media  concentration  is 
considered to be high, in particular due to high concentration in different media sub-sectors84. 

The authorities have taken steps to address the impact of the COVID-19 pandemic on 
the  media.  In  order  to  mitigate  the  economic  impact  of  the  pandemic,  the  Latvian 
Government has allocated around EUR 3,5 million to the media sector in 2020. Funds were 
distributed for covering fixed costs and for content creation projects, including analytical and 
investigative journalism projects85.  

Some concerns were raised about journalists’ access to information during the COVID-
19 pandemic. Legal guarantees for the right to access information and journalists’ protection 
are in place. However, concerns were expressed about the availability of information during 
the  COVID-19  pandemic,  in  particular  as  reporters  were  not  able  to  participate  in  the 
governmental meetings, while previously their presence in generally open meetings was the 
rule86.  

Journalists appear to continue to face personal attacks online. At the end of 2020 and in 
2021, the Council of Europe’s Platform to promote the protection of journalism and safety of 
journalists  did  not  register  any  alerts  concerning  Latvia87.  Nevertheless,  it  appears  that 
journalists  continue  to  face  attacks  in  the  online  environment,  often  from  politicians  and 
political communication companies88. 

IV.  OTHER INSTITUTIONAL ISSUES RELATED TO CHECKS AND BALANCES 

Latvia is a unicameral, parliamentary democracy, in which the Constitutional Court can carry 
out ex-post constitutional review, including in concrete cases on the basis of a constitutional 
complaint. Draft laws may be submitted to the Parliament by the President, the Government, 
Parliamentary  committees,  at  least  five  members  of  the  Parliament,  or  one-tenth  of  the 
electorate.  In  addition  to  the  justice  system,  also  the  Ombudsperson’s  Office,  acting  as  a 
national  human  rights  institute,  and  civil  society  play  a  role  in  the  system  of  checks  and 
balances.  

Measures  to  address  the  COVID-19  pandemic  were  adopted  in  the  framework  of  the 
state  of  emergency,  which  ended  in  April  2021.  On  12  March  2020,  the  Latvian 
Government  adopted  the  Declaration  of  Emergency  Situation,  which  ended  on  7  April 
202189.  The  declaration  contained  measures  addressing  the  COVID-19  pandemic,  and  was 

84   2021 Media Pluralism Monitor, Latvia p. 12.  For example the Top4 audiovisual  media market  share  is 56 
per cent; the market share of the Top4 radio owners makes 71%; Top4 online news media market share is 53 
per cent. 

85   2020 Rule of Law Report, Country chapter on the rule of law situation in Latvia, p. 7. 
86   Reporters without Borders, Latvia. As a general rule, sittings of the Cabinet are open and representatives of 
the  media  and  non-governmental  organisations  may  participate  in  open  meetings,  and  anyone  can  watch 
them on live-stream.  

87   Council of Europe: Platform to promote the protection of journalism and safety of journalists, Latvia. 
88   2021 Media Pluralism Monitor, Latvia, p. 11. 
89   On  16  March  2020,  the  Government  informed  the  Council  of  Europe  pursuant  to  the  derogation  clause 
contained in Article 15 of the European Convention on Human Rights (the Convention) that the restrictions 
adopted due to the state of emergency could potentially exceed the limits provided for by the Convention to 
ensure the legitimate aim of “public health”. The Ombudsperson has provided an explanation to the public 
and  politicians  that  the  limitations  allowed  by  the  derogation  clause  contained  in  Article  15  of  the 
Convention are to be interpreted narrowly, allowing for deviation from obligations only to the extent that the 
extraordinary nature of the situation inevitably requires. The derogation was lifted on 10 June 2020. 

12 

 
                                                 
amended  a  number  of  times90.  The  up-to-date  versions  of  the  applicable  rules  in  different 
areas  of  societal  life  are  posted  on  the  Government  website  in  a  consolidated  and  easily 
readable  form,  with  details  available  when  amendments  are  made  to  a  particular  paragraph 
(focusing on one type of measures, such as education or restaurants/bars). In June 2020, the 
Law  on  the  Management  of  the  Spread  of  COVID-19  Infection  entered  into  force,  laying 
down basic principles for the operation of public authorities91.  

The  Parliament  continued  to  work  remotely  and  reviewed  Governmental  measures 
related  to  the  COVID-19  pandemic.  With  the  support  of  the  e-Saeima  platform,  the 
Parliament  worked  throughout  the  emergency  situation.  As  part  of  its  powers,  it  regularly 
discussed,  first  before  the  committees  and  then  in  the  plenary,  the  Government  measures 
addressing the COVID-19 pandemic. However, the Parliament could only approve or reject 
ex post the Government measures that mostly had already entered into force under the state of 
emergency and could not amend them. Nevertheless, in the course of preliminary discussions, 
which  the  Ombudsperson  also  regularly  attended,  the  Parliament  provided  guidance  to  the 
Government  in  the  formulation  and  adoption  of  future  measures  and  the  amendments  to 
existing ones92. 

The Ombudsperson’s Office was re-accredited with A status and continued to monitor 
measures  related  to  the  COVID-19  pandemic.  In  December  2020,  the  Ombudsperson's 
Office was re-accredited as “A Status” institution, in compliance with the Paris Principles. In 
January  2021,  taking  into  account  recommendations  by  the  GANHRI  Sub-Committee  on 
Accreditations93,  amendments  to  the  Ombudsman  Law  were  adopted  providing  that  the 
Ombudsperson’s appointment shall be approved by the Parliament pursuant to the proposal of 
no less than ten members of Parliament (previously five members) and that the same person 
can be Ombudsperson for a maximum of two terms (of five years each). The Ombudsperson 
has continued to play its role of monitoring the Government’s measures and their impact on 
human rights,  expressing opinions and making recommendations to  EU and  national  policy 
makers, in particular as regards the need to respect and promote economic and social rights, 
the right to healthcare and the importance of engaging in transparent communication with the 
public94. The Ombudsperson also monitored the Government's decisions taken in the context 
of the COVID-19 pandemic to ensure that restrictions were adequate, and that the public was 
informed in a timely and accurate manner95. 

The Government adopted guidelines for the development of a more cohesive civil society 
and allocated financial support to NGOs to mitigate the impact of COVID-19 pandemic. 
The civic space in  Latvia is still considered to be narrowed96. The guidelines for the period 

90   Latvian Government (2020), Consolidated text of the Declaration of Emergency Situation. 
91   Input from Latvia for the 2021 Rule of Law Report, p. 20. 
92   Information received in the context of country visit to Latvia. 
93   The  GANHRI  Sub-Committee  on  Accreditations  recommended  the  formalisation  and  application  of  a 
broader  and  more  transparent  process  for  the  selection  and  appointment,  amendments  to  ensure  an 
independent  and  objective  dismissal,  process  an  explicit  limitation  to  the  possibility  of  consecutive  re-
appointments,  and  stronger  protection  from  criminal  and  civil  liability  for  actions  taken  by  the 
Ombudsperson in their official capacity in good faith. 

94   Contribution from the ENNHRI for the 2021 Rule of Law Report, p. 230. 
95   Contribution from the ENNHRI for the 2021 Rule of Law Report, p. 231. 
96   Rating given by Civicus, Latvia; ratings are on a five-category scale defined as: open, narrowed, obstructed, 

repressed and closed. 

13 

 
                                                 
2021-202797 set out the lines of action requiring investments, as well as the planned funding 
for each action, in order to make citizens more knowledgeable, active and ready participate in 
the development of the country98. In December 2020, the Cabinet of Ministers examined and 
approved  an  informative  report  prepared  by  the  Ministry  of  Culture  “on  support  to 
associations and foundations to mitigate the negative consequences of the COVID-19 crisis”, 
which concluded that the financial impact of the COVID-19 pandemic is expected to affect 
about half of the NGOs registered in Latvia, in particular public benefit organisations99. The 
Government therefore decided to allocate EUR 600 000 from funds for unforeseen events to 
the  NGO  support  programme  for  alleviating  the  negative  consequences  of  the  COVID-19 
pandemic in 2021. The programme is implemented by the Society Integration Fund, granting 
funding  through  an  open  call  for  tenders  for  NGO  projects  to  be  implemented  by  30  June 
2021.  

97   The new guidelines, which follow-up on the 2012-2018 Guidelines on National Identity, Civil Society and 
Integration Policy, have been drawn up by an inter-institutional working group composed of representatives 
of the Chancellery of the President of the Republic, the State Chancellery and several ministries, under the 
auspices of the Ministry of Culture. In the course of two public consultations organised in October 2019 and 
February 2020 by the Civic Alliance of Latvia, more than 500 participants had the opportunity to give their 
suggestions for the drawing up of the guidelines. See Annex I. 

98   Input from Latvia for the 2021 Rule of Law Report, p. 21. 
99   Contribution from the Latvian Centre for Human Rights for the 2021 Rule of Law Report, pp. 4-5. 

14 

 
                                                 
Annex I: List of sources in alphabetical order* 

* The list of contributions received in the context of the consultation for the 2021 Rule of Law report 
can  be 
found  at  https://ec.europa.eu/info/policies/justice-and-fundamental-rights/upholding-rule-
law/rule-law/rule-law-mechanism/2021-rule-law-report-targeted-stakeholder-consultation. 

Centre for Media Pluralism and Media Freedom (2021), Media pluralism monitor 2021. 

Civicus, Monitor tracking civic space – Latvia (https://monitor.civicus.org/country/latvia/).  

Consultative Council of the European judges (2003), Opinion no. 4 of the Consultative Council of the 
European judges (CCJE) on Appropriate Initial and In-service Training for Judges at national and 
European Levels, 27 November 2003, (https://rm.coe.int/1680747d37). 

Council of Europe: Platform to promote the protection of journalism and safety of journalists, Latvia 
(https://www.coe.int/en/web/media-freedom/latvia). 

Council  of  the  European  Union  (2021),  Council  conclusions:  Boosting  training  of  justice 
professionals,  10  March  2021 
(https://data.consilium.europa.eu/doc/document/ST-6926-2021-
INIT/en/pdf). 

Directorate-General  for  Communication  (2019),  Flash  Eurobarometer  482:  businesses’  attitudes 
towards corruption in the EU. 

Directorate-General for Communication (2020), Special Eurobarometer 502: corruption. 

European  Commission  (2020),  Rule  of  Law  Report,  Country  chapter  on  the  rule  of  law  situation in 
Latvia. 

European Commission (2021), EU Justice Scoreboard. 

European Network of National Human Rights Institutions- ENHRI (2021), Contribution from ENHRI 
to the 2021 Rule of Law Report. 

GRECO (2017), Fifth evaluation round - Evaluation Report on Latvia on preventing corruption and 
promoting integrity in central governments (top executive functions) and law enforcement agencies, 
12  April  2017, 
(https://rm.coe.int/fifth-evaluation-round-preventing-corruption-and-promoting-
integrity-i/16808cdc91). 

Judicial  Council  (2021),  Strategy  of 
(http://www.at.gov.lv/files/uploads/files/9_Tieslietu_padome/Dokumenti/Strategy%20of%20the%20J
udicial%20Council_2021_2025_EN.docx). 

the  Judicial  Council  2021-2025,  12  March  2021, 

in 

Judicial  Council  (2021),  The  Judicial  Council  sets  a  strategic  overarching  goal  –  equal 
representation 
state  power,  16  March  2021, 
(https://www.at.gov.lv/en/jaunumi/par-tieslietu-padomi/the-judicial-council-sets-a-strategic-
overarching-goal-equal-representation-in-the-dialogue-between-branches-of-state-power-
10511?year=2021&month=03). 

the  dialogue  between  branches  of 

Judicial Council (2021), Call for the support of judges of the Economic Court and their mentors, 16 
March  2021,  (https://www.at.gov.lv/en/jaunumi/par-tieslietu-padomi/call-for-the-support-of-judges-
of-the-economic-court-and-their-mentors-10517?year=2021&month=03). 

Judicial Council (2021),  Press release: The procedure for selecting candidates for the position of a 
judge has been improved, 16 April 2021, (https://www.at.gov.lv/en/jaunumi/par-tieslietu-padomi/the-
procedure-for-selecting-candidates-for-the-position-of-a-judge-has-been-improved-
10572?year=2021&month=04). 

Judicial Ethics Commission (2021), Code of Judicial Ethics 
(https://www.at.gov.lv/files/uploads/files/9_Tieslietu_padome/Dokumenti/CODE%20OF%20JUDICI
AL%20ETHICS_EN.pdf). 

Latvian  Government  (2020),  Consolidated  text  of  the  Declaration  of  Emergency  Situation 
(https://likumi.lv/ta/id/313191-par-arkartejas-situacijas-izsludinasanu). 

15 

 
Latvian  Government  (2021),  Guidelines  for  the  Development  of  a  Cohesive  and  Civically  Active 
Society 
(https://ec.europa.eu/migrant-
2021-2027 
integration/?action=media.download&uuid=B9FF61AF-D647-ED7F-40DF9BEB015B4B91). 

for 

OECD (2021), Performance of the Prosecution Services in Latvia - A Comparative Study, 11 January 
(https://www.oecd.org/gov/performance-of-the-prosecution-services-in-latvia-c0113907-
2021, 
en.htm). 

Reporters without Borders – Latvia (https://rsf.org/en/latvia). 

(2021),  Lobby 
Riga  City  Council 
(https://www.riga.lv/lv/lobija-registrs). 

register 

(lobija 

reģistrs),  12-25 

January  2021, 

State Audit Office (2020), Performance audit Effectiveness of investigations and trials of the criminal 
offences  in  the  economic  and  financial  area,  23  December  2020,  (https://www.lrvk.gov.lv/en/audit-
summaries/audit-summaries/effectiveness-of-investigations-and-trials-of-the-criminal-offences-in-
the-economic-and-financial-area). 

State  Audit  Office  (2021),  Auditing  COVID-19  emergency  spending  –  Completed  Audits, 
(https://www.lrvk.gov.lv/en/covid-19/auditing-covid-19-emergency-spending/completed-audits). 

State  Audit  Office  (2021),  Press  release:  The  e-case  program  management  must  be  improved,  11 
January 
(https://www.lrvk.gov.lv/en/news/the-e-case-program-management-must-be-
improved). 

2021, 

the 

State Audit Office (2021), Press release: The State Audit Office calls on the investigating institutions 
and 
2021, 
(https://www.lrvk.gov.lv/en/news/the-state-audit-office-calls-on-the-investigating-institutions-and-
the-prosecutors-office-to-cooperate-closely). 

Prosecutor’s 

cooperate 

January 

closely, 

Office 

11 

to 

State  Audit  Office  (2021),  Press  release:  The  State  Audit  Office  concludes  that  a  better-organised 
work  of 
January  2021, 
(https://www.lrvk.gov.lv/en/news/the-state-audit-office-concludes-that-a-better-organised-work-of-
the-prosecutors-office-would-improve-the-quality).  

the  Prosecutor’s  Office  would 

the  quality,  11 

improve 

State  Audit  Office  (2021),  Summary  of  Key  Audit  Findings  and  Recommendations  –  Does  the 
improvements?,  11  January  2021, 
operation  of 
(https://www.lrvk.gov.lv/en/getrevisionfile/29451-x7eOREdleVjooAPJNz2qy1gsIx0fOZSw.pdf ).  

the  Prosecutors’  Office 

require  and 

State  Audit  Office  (2021),  Press  release:  Plan  to  implement  the  SAO’s  recommendations  for 
streamlining 
2021, 
(https://www.lrvk.gov.lv/en/news/plan-to-implement-the-saos-recommendations-for-streamlining-
prosecution-of-economic-and-financial-crimes). 

prosecution 

15  April 

economic 

financial 

crimes, 

and 

of 

State Police (2020), Code of Ethics of the State Police (https://www.vp.gov.lv/en/ethics). 

Transparency  International  (2021),  Corruption  Perceptions  Index  2020,  Significant  Changes, 
(https://www.transparency.org/en/cpi/2020/index/nzl). 

16 

 
 
Annex II: Country visit to Latvia 

The Commission services held virtual meetings in April and May 2021 with: 

  Parliament’s Defence, Internal Affairs and Corruption Prevention Committee 
  Parliamentary Working group for the elaboration of a lobbying transparency law 
  Ministry of Foreign Affairs 
  Ministry of Justice 
  Ministry of the Interior 
  Ministry of Culture 
  Supreme Court 
 
Judicial Council 
  Economic Court 
  Prosecutor’s Office 
  National Electronic Mass Media Council 
  Ombudsperson’s Office 
  State Audit Office 
  Corruption Prevention and Combating Bureau (KNAB) 
  State Police 
  State Border Guard 
 
  State Chancellery 
  Association of Journalists 
  Association of Judges 
  Council of Lawyers 
  Delna – TI Latvia 
  Providus 
  Civic Alliance Latvia 

Internal Security Board of the State Revenue Service 

* The Commission also met the following organisations in a number of horizontal meetings: 

  Amnesty International 
  Center for Reproductive Rights 
  CIVICUS 
  Civil Liberties Union for Europe 
  Civil Society Europe 
  Conference of European Churches 
  EuroCommerce 
  European Center for Not-for-Profit Law 
  European Centre for Press and Media Freedom 
  European Civic Forum 
  European Federation of Journalists 
  European Partnership for Democracy  
  European Youth Forum 
  Front Line Defenders 
  Human Rights House Foundation  
  Human Rights Watch  
 
 
 

ILGA-Europe 
International Commission of Jurists 
International Federation for Human Rights 

17 

 
 
 
International Planned Parenthood Federation European Network (IPPF EN) 
 
International Press Institute 
  Netherlands Helsinki Committee  
  Open Society European Policy Institute 
  Philanthropy Advocacy 
  Protection International  
  Reporters without Borders 
  Transparency International EU 

18