Introduction

• Author: Kristīne Dupate
• Pages: 5-6

5

1 Introduction

1.1 Basic structure of the national legal system

Latvia is a p arliamentary State, where Parliament is the only legislator. This legislator,

however, has the right to delegat e legislative functions to the Cab inet of Ministers and to

municipalities. Delegated legislative powers alw ays have to be made explicit in the laws

adopted by Parliament. In the case of d elegated legislative competence, the Cabinet of

Ministers adopts the regulat ions for the Cabinet of Ministers, and municipalities adopt

binding regulations for the municipalities. All documents mentioned have their own place

in the hierarchy: the la ws adopted by Parliament a re followed by th e regulations of the

Cabinet of Ministers and the l atter are of a higher level than the bi nding regulatio ns

adopted by the municipalities.1 All issues concerning EU gender equality law are regulated

predominantly by laws of Parliament, and in exceptional sit uations, by the regulations of

the Cabinet of Ministers, but never by the regulations adopted by the m unicipalities.

The court system in Latvia is as follows: there are three courts levels: city (district) courts

(first instance); regional courts (second instance for appeal); and the Supreme Court (the

third instance for cassation). There are two types of courts: administrative (dealing with

relations between private persons and the state executive power) and regular (dealing

with criminal or civil cases). There is a Constitut ional Court (Satversmes tiesa) which

supervises to ensure that the l egal norms correspond to the Constitution. Private parties

have the right to lodge a constitutional complain t if they b elieve that the legal norms d o

not correspond to the human rights as provided by the Constitution.

1.2 List of main legislation transposing and implementing the directives

The main legislation transposing and implementing the EU gender equality law (Directi ve

2006/54/EC and Article 157 of the TFEU, Directive 92/85/EEC and 2010/18/EU) in the field

of employment is:

- the Labour Law;2

- the Law on the State Civil Service;3

- the Law on Service in the System of the Interior and Imprisonment System; 4

- the Military Service Law;5

- the Home Guards of the Republic of Latvia Law;6

- the Law on Orphan’s Courts;7

- the Law on Judicial Authority;8

- the Law on the Prosecutor’s Office;9

- The Military Service Law;10

- the Law on the Prevention of Corruption and the Bureau for Combating Corruption;11

- the Unemployed and Job-seekers Support Law;12

1 The Constitution of the Republic of Latvia (Latvijas Republikas Satversme), Official Gazette No. 43, 1 July

1993.

2 Darba likums, Official Gazette No. 105, 6 July 2001.

3 Valsts civildienesta likums, Official Gazette No. 331/333, 22 September 2000.

4 Iekšlietu ministrijas sistmas iestžu un Ieslodzjuma vietu prvaldes amatpersonu ar specilajm dienesta

pakpm dienesta gaitas likums, Official Gazette No. 101, 30 June 2006.

5 Militr dienesta likums, Official Gazette No. 91, 18 June 2002.

6 Latvijas Republikas Zemessardzes likums, Official Gazette No. 82, 26 May 2010.

7 Britiesu likums, Official Gazette No. 107, 7 July 2006.

8 Likums “Par tiesu varu”, Official Gazette No. 1/2, 14 January 1993.

9 Prokuratras likums, Official Gazette No. 65, 2 June 1994.

10 Militr dienesta likums, Official Gazette No. 91, 18 June 2002.

11 Korupcijas novršanas un apkarošanas biroja likums, Official Gazette No. 65, 30 April 2002.

12 Bezdarbnieku un darba mekltju atbalsta likums, Official Gazette No. 80, 29 May 2002.