| Latvia: Integrity Scorecard Report > Sub-Category: Legislative Accountability | ||
| Indicators | Score | |
| 29 | Can members of the legislature be held accountable for their actions? | 67 |
| 30 | Are there regulations governing conflicts of interest by members of the national legislature? | 86 |
| 31 | Can citizens access the asset disclosure records of members of the national legislature? | 100 |
| 32 | Can citizens access legislative processes and documents? | 100 |
Indicator and sub-Indicator Details
| 29 | Can members of the legislature be held accountable for their actions? | |||||||
| 29a: In law, the judiciary can review laws passed by the legislature. | ||||||||
|
||||||||
|
Comments: According to the Latvian Constitution, 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 Constitutional Court Law says the court shall review cases regarding: 1) compliance of laws with the Constitution; 2) compliance with the Constitution of international agreements signed or entered into by Latvia (even before the Saeima has confirmed the agreement ); 3) compliance of other normative acts or their parts with the legal norms (acts) of higher legal force; 4) compliance of other acts (with an exception of administrative acts) by the Saeima, the Cabinet of Ministers, the President, the Chairperson of the Saeima and the Prime Minister with the law; 5) compliance of Regulations by which the minister, authorized by the Cabinet of Ministers, has rescinded binding regulations issued by the Dome (Council) of a municipality with the law; 6) compliance of the national legal norms of Latvia with the international agreements entered into by Latvia, which are not contrary to the Constitution. References: The Constitution of Latvia. Sec.85. I[ LINK ] The Constitutional Court Law. Sec.16.
|
||||||||
| 29b: In practice, when necessary, the judiciary reviews laws passed by the legislature. | ||||||||
|
||||||||
|
Comments: Since its establishment in 1996, the Constitutional Court has completed reviews of approximately 65 cases where particular norms of laws adopted by the legislature have been disputed. When found to be inconsistent with the Constitution, the norms have been voided. References: Cases of the Constitutional Court (including full texts of judgments) where norms of laws have been disputed: [ LINK ] Skujeniece, V. Satversmes tiesas skola "The School of the Constitutional Court." Public policy portal Politika.lv 27.03.2002. [ LINK ]
|
||||||||
| 29c: In law, are members of the national legislature subject to criminal proceedings? | ||||||||
|
||||||||
|
Comments: Members of parliament are covered by immunity against criminal prosecution. However, the parliament may lift this immunity. In such case, members of the national legislature are subject to criminal proceedings. References: The Constitution of Latvia. Sec.30. [ LINK ]
|
||||||||
| 30 | Are there regulations governing conflicts of interest by members of the national legislature? | |||||||
| 30a: In law, members of the national legislature are required to file an asset disclosure form. | ||||||||
|
||||||||
|
Comments: All public officials, from lower civil servants to members of Parliament, are required to submit declarations of income and assets annually. Most of the information thus submitted is published. References: Law "On Prevention of Conflict of Interest in Activities of Public Officials". Chapter IV, Declarations of Public Officials. [ LINK ]
|
||||||||
| 30b: In law, there are restrictions for national legislators entering the private sector after leaving the government. | ||||||||
|
||||||||
|
Comments: Two statutory restrictions stay in force for two years after the heads of state and government and ministers leave respective offices: First, members of Parliament as well as their relatives cannot be the shareholders, stockholders and partners of commercial companies or individual merchants that receive orders for procurement for state and local government needs, state financial resources, state-guaranteed credits or state privatization fund resources, except the cases where they are granted as a result of an open competition. Second, all public officials are also prohibited for two years after leaving their offices from taking employment or obtaining shares of companies, in which public officials have made decisions on procurements for state or local government needs, allocated state or local government resources and state or local government privatization fund resources, or have performed supervision, control or punitive functions. References: Law "On Prevention of Conflict of Interest in Activities of Public Officials". Sec. 10.
|
||||||||
| 30c: In law, there are regulations governing gifts and hospitality offered to members of the national legislature. | ||||||||
|
||||||||
|
Comments: References: Law "On Prevention of Conflict of Interest in Activities of Public Officials". Sec.13 and 14. [ LINK ]
|
||||||||
| 30d: In law, there are requirements for the independent auditing of the asset disclosure forms of members of the national legislature. | ||||||||
|
||||||||
|
Comments: References: Law "On Prevention of Conflict of Interest in Activities of Public Officials". Chapter V, Review of Violations and Verification of Facts. [ LINK ]
|
||||||||
| 30e: In practice, the regulations restricting post-government private sector employment for national legislators are effective. | ||||||||
|
||||||||
|
Comments: Official sources do not show any data on the violation of regulations restricting post-government private sector employment for heads of state and government, and ministers. Nevertheless, members of Parliament are known to become lobbyists right after leaving their office. Such practice is not technically illegal, but raises ethical concerns. References: Informativais zinojums "Par Korupcijas noversanas un apkarosanas biroja darbibu no 2006. gada 1. julija lidz 31.decembrim" (Informative report "On the Activities of the Corruption Prevention and Combating Bureau from July 1 until Dec.31, 2006). [ LINK ] Interview with Ms. Ilze Kuzmina, reporter on parliamentary affairs, newspaper "Latvijas Avize", 13.08.2007, Riga.
|
||||||||
| 30f: In practice, the regulations governing gifts and hospitality offered to national legislators are effective. | ||||||||
|
||||||||
|
Comments: References: Kalnins, V. Korupcijas mazinasana [Restricting of Corruption]. Published in: Rozenvalds, J. (ed.) Cik demokratiska ir Latvija. Demokratijas monitorings 2005-2007. (How Democratic is Latvia. Monitoring of Democracy 2005-2007). Zinatne, 2007. P.63. Vai amatpersonas drikst piedalities sikas dzimsanas dienas svinibas? "May Public Officials Participate in a Posh Birthday Party?" LTV Panorama, 22.12.2005. [ LINK ]
Peer Review Comments: The post soviet legacy of gifts is something that can be furhter codified.
|
||||||||
| 30g: In practice, national legislative branch asset disclosures are audited. | ||||||||
|
||||||||
|
Comments: The State Revenue Service checks the submission and accuracy of public officials declarations. In cases of doubt about whether the expenditure of a public official is consistent with their official income, the Corruption Prevention and Combating Bureau audits the case in cooperation with the State Revenue Service. In 2006, 354 public officials were penalized for failure to submit declarations in due time or indication of false data (all in all 67,461 public officials were registered as of Jan. 1, 2007. Moreover, upon recommendation of the Corruption Prevention and Combating Bureau, the State Revenue Service carried out tax audits of 47 public officials. No targeted audits of declarations of members of parliament are carried out. References: The State Revenue Service of the Republic of Latvia. Annual Report. 2006. P.42. [ LINK ] Corruption Prevention and Combating Bureau. Annual Report. 2006. Pp.14-15. [ LINK ]
|
||||||||
| 31 | Can citizens access the asset disclosure records of members of the national legislature? | |||||||
| 31a: In law, citizens can access the asset disclosure records of members of the national legislature. | ||||||||
|
||||||||
|
Comments: References: Law "On Prevention of Conflict of Interest in Activities of Public Officials," Sec.26.
|
||||||||
| 31b: In practice, citizens can access legislative asset disclosure records within a reasonable time period. | ||||||||
|
||||||||
|
Comments: There are no reports or studies about access to asset disclosure records because this access is very obvious. Section 26 of the law "On Prevention of Conflict of Interest in Activities of Public Officials" provides legal grounds for public access to the publicly accessible parts of declarations of public officials. This Web site ([ LINK ]) allows any user to access the publicly accessible parts of declarations of public officials (not for officials of security agencies), including those of members of Parliament. References: The below are not studies but references to a law and official website. Law "On Prevention of Conflict of Interest in Activities of Public Officials", Sec.26. [ LINK ] Website: [ LINK ]
|
||||||||
| 31c: In practice, citizens can access legislative asset disclosure records at a reasonable cost. | ||||||||
|
||||||||
|
Comments: There are no reports or studies about access to asset disclosure records because this access is very obvious. Section 26 of the law "On Prevention of Conflict of Interest in Activities of Public Officials" provides legal grounds for public access to the publicly accessible parts of declarations of public officials. This Web site ([ LINK ]) allows any user to access the publicly accessible parts of declarations of public officials (not for officials of security agencies), including those of members of Parliament. Access is free of charge. References: The below are not studies but references to a law and official Web site. Art. 26 of the Law "On Prevention of Conflict of Interest in Activities of Public Officials." Web site: [ LINK ]
|
||||||||
| 32 | Can citizens access legislative processes and documents? | |||||||
| 32a: In law, citizens can access records of legislative processes and documents. | ||||||||
|
||||||||
|
Comments: According to the Constitution, sittings of the Saeima shall be public. According to Saeima Rules of Procedure, transcripts of open sittings and the attached written answers to questions, as well as statements of members explaining the reasons for their voting, shall be published in the newspaper Latvijas Vestnesis. Transcripts of open sittings include records of open votes. References: The Constitution of Latvia. Sec. 22, Sec.100. Saeima Rules of Procedure. Sec.147, Clause 1 Sec.159. Committee meetings shall be open to the public.
|
||||||||
| 32b: In practice, citizens can access records of legislative processes and documents within a reasonable time period. | ||||||||
|
||||||||
|
Comments: Records of legislative processes and documents are accessible online instantly. References: Full and instant access to records of parliamentary sittings: [ LINK ] Full and instant access to pending and adopted bills: [ LINK ]
|
||||||||
| 32c: In practice, citizens can access records of legislative processes and documents at a reasonable cost. | ||||||||
|
||||||||
|
Comments: Records of legislative processes and documents are accessible online at no cost. References: Full and instant access to records of parliamentary sittings: [ LINK ] Full and instant access to pending and adopted bills: [ LINK ]
|
||||||||
Global Integrity uses a