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OPUS 1

The President shall implement the decisions of the Saeima concerning the ratification of international agreements.

The President shall be the Commander­in­Chief of the armed forces of Latvia.

During wartime, the President shall appoint a Supreme Commander.

The President shall declare war on the basis of a decision of the Saeima.

The President has the right to take whatever steps are necessary for the military defence of the State should another state declare war on Latvia or an enemy invade its borders.

Concurrently and without delay, the President shall convene the Saeima, which shall decide as to the declaration and commencement of war.

The President has the right to grant clemency to criminals against whom judgment of the court has come into legal effect.

The extent of, and procedures for, the utilisation of this right shall be set out in a specific law.

The Saeima grants amnesty.

The President has the right to convene and to preside over extraordinary meetings of the Cabinet and to determine the agenda of such meetings.

The President has the right to initiate legislation.

The President shall be entitled to propose the dissolution of the Saeima.

Following this proposal, a national referendum shall be held.

If in the referendum more than half of the votes are cast in favour of dissolution, the Saeima shall be considered dissolved, new elections called, and such elections held no later than two months after the date of the dissolution of the Saeima.

If the Saeima has been dissolved or recalled, the mandate of the members of the Saeima shall continue to be in effect until the convening of the newly elected Saeima, but the former Saeima may only hold sittings upon the request of the President.

The President shall determine the agenda of such sittings of the Saeima.

New elections shall take place not earlier than one month and not later than two months after recalling of the Saeima.

If in the referendum more than half of the votes are cast against the dissolution of the Saeima, then the President shall be deemed to be removed from office, and the Saeima shall elect a new President to serve for the remaining term of office of the President so removed.

Upon the proposal of not less than half of all of the members of the Saeima, the Saeima may decide, in closed session and with a majority vote of not less than two­thirds of all of its members, to remove the President from office.

If the President resigns from office, dies or is removed from office before their term has ended, the Chairperson of the Saeima shall assume the duties of the President until the Saeima has elected a new President.

Similarly, the Chairperson of the Saeima shall assume the duties of the President if the latter is away from Latvia or for any other reason unable to fulfil the duties of office.

Political responsibility for the fulfilment of presidential duties shall not be borne by the President.

All orders of the President shall be jointly signed by the Prime Minister or by the appropriate Minister, who shall thereby assume full responsibility for such orders except in the cases specified in Articles forty­eight and fifty­six.

The President may be subject to criminal liability if the Saeima consents thereto by a majority vote of not less than two­ thirds.

Chapter IV

The Cabinet

The Cabinet shall be composed of the Prime Minister and the Ministers chosen by the Prime Minister.

The Cabinet shall be formed by the person who has been invited by the President to do so.

The number of ministries and the scope of their responsibilities, as well as the relations between State institutions, shall be as provided for by law.

The administrative institutions of the State shall be under the authority of the Cabinet.

In order to fulfil their duties, the Prime Minister and other Ministers must have the confidence of the Saeima and they shall be accountable to the Saeima for their actions.

If the Saeima expresses no confidence in the Prime Minister, the entire Cabinet shall resign.

If there is an expression of no confidence in an individual Minister, then the Minister shall resign and another person shall be invited to replace them by the Prime Minister.

Meetings of the Cabinet shall be chaired by the Prime Minister, and in the absence of the Prime Minister, by a Minister authorised to do so by the Prime Minister.

The Cabinet shall deliberate draft laws prepared by individual ministries as well as matters which pertain to the activities of more than one ministry, and issues of State policy raised by individual members of Cabinet.

If the State is threatened by an external enemy, or if an internal insurrection which endangers the existing political system arises or threatens to arise in the State or in any part of the State, the Cabinet has the right to proclaim a state of emergency and shall inform the Presidium within twenty­four hours and the Presidium shall, without delay, present such decision of the Cabinet to the Saeima.

Ministers, even if they are not members of the Saeima, and responsible government officials authorised by a Minister, have the right to attend sittings of the Saeima and its committees and to submit additions and amendments to draft laws.

Chapter V

Legislation

The Saeima, and also the people, have the right to legislate, in accordance with the procedures, and to the extent, provided for by this Constitution.

Draft laws may be submitted to the Saeima by the President, the Cabinet or committees of the Saeima, by not less than five members of the Saeima, or, in accordance with the procedures and in the cases provided for in this Constitution, by one­tenth of the electorate.

Annually, before the commencement of each financial year, the Saeima shall determine the State Revenues and Expenditures Budget, the draft of which shall be submitted to the Saeima by the Cabinet.

If the Saeima makes a decision that involves expenditures not included in the Budget, then this decision must also allocate funds to cover such expenditures.

After the end of the budgetary year, the Cabinet shall submit an accounting of budgetary expenditures for the approval of the Saeima.

The Saeima shall determine the size of the armed forces of the State during peacetime.

All international agreements, which settle matters that may be decided by the legislative process, shall require ratification by the Saeima.

Upon entering into international agreements, Latvia, with the purpose of strengthening democracy, may delegate a part of its State institution competencies to international institutions.

The Saeima may ratify international agreements in which a part of State institution competencies are delegated to international institutions in sittings in which at least two­thirds of the members of the Saeima participate, and a two­thirds majority vote of the members present is necessary for ratification.

Membership of Latvia in the European Union shall be decided by a national referendum, which is proposed by the Saeima.

Substantial changes in the terms regarding the membership of Latvia in the European Union shall be decided by a national referendum if such referendum is requested by at least one­ half of the members of the Saeima.

The President shall proclaim laws passed by the Saeima not earlier than the tenth day and not later than the twenty­first day after the law has been adopted.

A law shall come into force fourteen days after its proclamation unless a different term has been specified in the law.

The President shall proclaim adopted laws in the following manner: “The Saeima (that is, the People) has adopted and the President has proclaimed the following law: (text of the law).”

Within ten days of the adoption of a law by the Saeima, the President, by means of a written and reasoned request to the Chairperson of the Saeima, may require that a law be reconsidered.

If the Saeima does not amend the law, the President then may not raise objections a second time.

The President has the right to suspend the proclamation of a law for a period of two months.

The President shall suspend the proclamation of a law if so requested by not less than one­third of the members of the Saeima.

This right may be exercised by the President, or by one­third of the members of the Saeima, within ten days of the adoption of the law by the Saeima.

The law thus suspended shall be put to a national referendum if so requested by not less than one­tenth of the electorate.

If no such request is received during the aforementioned two­month period, the law shall then be proclaimed after the expiration of such period.

A national referendum shall not take place, however, if the Saeima again votes on the law and not less than three­quarters of all members of the Saeima vote for the adoption of the law.

The Budget and laws concerning loans, taxes, customs duties, railroad tariffs, military conscription, declaration and commencement of war, peace treaties, declaration of a state of emergency and its termination, mobilisation and demobilisation, as well as agreements with other nations may not be submitted to national referendum.

A law adopted by the Saeima and suspended pursuant to the procedures specified in Article seventy­two shall be repealed by national referendum if the number of voters is at least half of the number of electors as participated in the previous Saeima election and if the majority has voted for repeal of the law.

Should the Saeima, by not less than a two thirds majority vote, determine a law to be urgent, the President may not request reconsideration of such law, it may not be submitted to national referendum, and the adopted law shall be proclaimed no later than the third day after the President has received it.

The Saeima may amend the Constitution in sittings at which at least two­thirds of the members of the Saeima participate.

The amendments shall be passed in three readings by a majority of not less than two­thirds of the members present.

If the Saeima has amended the first, second, third, fourth, sixth or seventy­seventh Article of the Constitution, such amendments, in order to come into force as law, shall be submitted to a national referendum.

Electors, in number comprising not less than one tenth of the electorate, have the right to submit a fully elaborated draft of an amendment to the Constitution or of a law to the President, who shall present it to the Saeima.

If the Saeima does not adopt it without change as to its content, it shall then be submitted to national referendum.

An amendment to the Constitution submitted for national referendum shall be deemed adopted if at least half of the electorate has voted in favour.

A draft law, decision regarding membership of Latvia in the European Union or substantial changes in the terms regarding such membership submitted for national referendum shall be deemed adopted if the number of voters is at least half of the number of electors as participated in the previous Saeima election and if the majority has voted in favour of the draft law, membership of Latvia in the European Union or substantial changes in the terms regarding such membership.

All citizens of Latvia who have the right to vote in elections of the Saeima may participate in national referendums.

Chapter VI

Courts

In Latvia, court cases shall be heard by district (city) courts, regional courts and the Supreme Court, but in the event of war or a state of emergency, also by military courts.

Judges shall be independent and subject only to the law.

Judicial appointments shall be confirmed by the Saeima and they shall be irrevocable.

The Saeima may remove judges from office against their will only in the cases provided for by law, based upon a decision of the Judicial Disciplinary Board or a judgment of the Court in a criminal case.

The age of retirement from office for judges may be determined by law.

In Latvia, there shall be a Constitutional Court, which, within its jurisdiction as provided for by law, shall review cases concerning the compliance of laws with the Constitution, as well as other matters regarding which jurisdiction is conferred upon it by law.

The Constitutional Court shall have the right to declare laws or other enactments or parts thereof invalid.

The Saeima shall confirm the appointment of judges to the Constitutional Court for the term provided for by law, by secret ballot with a majority of the votes of not less than fifty­one members of the Saeima.

Decisions in court proceedings may be made only by bodies upon which jurisdiction regarding such has been conferred by law, and only in accordance with procedures provided for by law.

Military courts shall act on the basis of a specific law.

Chapter VII

The State Audit Office

The State Audit Office shall be an independent collegial institution.

Auditors General shall be appointed to their office and confirmed pursuant to the same procedures as judges, but only for a fixed period of time, during which they may be removed from office only by a judgment of the Court.

A specific law shall provide for the organisation and responsibilities of the State Audit Office.

Chapter VIII

Fundamental Human Rights

The State shall recognise and protect fundamental human rights in accordance with this Constitution, laws and international agreements binding upon Latvia.

Everyone has the right to know about his or her rights.

All human beings in Latvia shall be equal before the law and the courts.

Human rights shall be realised without discrimination of any kind.

Everyone has the right to defend his or her rights and lawful interests in a fair court.

Everyone shall be presumed innocent until his or her guilt has been established in accordance with law.

Everyone, where his or her rights are violated without basis, has a right to commensurate compensation.

Everyone has a right to the assistance of counsel.

The right to life of everyone shall be protected by law.