IPU PARLINE database: LATVIA (Saeima), Oversight

Parliament name (generic / translated)

Saeima / Parliament

Structure of parliament

Unicameral

Type of political regime

parliamentary

Notes

The President represents the State in international relations, appoints the diplomatic representatives and receives diplomatic representatives of other States (Article 41 of the Constitution). He is also the commander-in-chief of the armed forces and during wartime he or she appoints a supreme commander.

Head of the executive

Prime Minister

Notes

The Prime Minister is the head of the executive, which is formed by a cabinet. The cabinet is composed of the Prime Minister and other ministers chosen by him or her.

Method for appointing the executive

The cabinet is formed by the person who has been invited by the President to do so (Article 56 of the Constitution), which is usually the person from the party winning the most seats in the general elections. When the cabinet has been formed, the candidate for Prime Minister notifies the chairperson of the parliament thereof, and submits a statement about the planned activity of the cabinet as well as a draft resolution to be adopted by the parliament. Besides the Government, the parliament also elects the President by secret ballot with a majority of the votes of no less than 51 of its members (Article 35 of the Constitution).

Term of office of the executive and coincidence with the term of the legislature

Both the President and the parliament are elected for a term of four years. The President can be re-elected once. There is no fixed term for the cabinet (Prime Minister and other ministers); ideally the cabinet's term of office should be for four years.

Incompatibility of the functions of member of the executive and member of Parliament

No

A parliamentarian has the right to give up his or her mandate during a term of office as Prime Minister or minister, and may renew this mandate if he or she resigns from this position.

Dissolution of Parliament

Yes

Circumstances

The President is entitled to propose the dissolution of the parliament (Article 48 of the Constitution).

Modalities

Following the President's proposal, a national referendum is held. If more than half of the votes in the referendum are cast in favour of dissolution, the parliament is considered dissolved; new elections are called and held no later than two months after the date of the dissolution. If the parliament has been dissolved, the mandate of its members continues to take effect until a newly elected parliament has convened; but the dissolved parliament may only hold sittings at the request of the President. The agenda of such sittings is determined by the President. If more than half of the votes in the referendum are cast against the dissolution of the parliament then the President is removed from office and the parliament elects a new President to serve for the remaining term of office. No dissolution occurred between 1990 and and July, 2005.

Accountability of Government to Parliament

Yes

In order to fulfil their duties, the Prime Minister and other ministers must have the confidence of the parliament and they are accountable to the latter for their actions (Article 59 of the Constitution). Moreover, political responsibility for the fulfilment of presidential duties is not borne by the President (Article 53 of the Constitutionr) as all presidential orders are jointly signed by the Prime Minister or by the appropriate minister who thereby assumes full responsibility for such orders.

Modalities of oversight

Oral and written questions of parliamentarians

The parliament has the right to submit requests and questions to the Prime Minister or to an individual minister, which either they or a responsible government official, duly authorised by them, must answer (Article 27 of the Constitution). The Prime Minister or any minister must furnish the relevant documents and enactments requested by the parliament or by any of its Committees.

Government reports to Parliament

Government accountability to the parliament is brought into play by annual reports, if such reports have been requested by the parliament.

Measures

Vote of confidence on Government programs and/or legislative proposals

Once a cabinet has been formed, the candidate for Prime Minister notifies the Chairperson of Parliament thereof, and submits the statement about the planned activity of the cabinet as well as the draft resolution to be adopted by the parliament. The Prime Minister must enjoy the confidence of the parliament.

Motions of censure and votes of no confidence (sub-report)

Circumstances

A motion of censure may be tabled by the parliament in the case of the disapproval of actions taken by the Government, or in case of a breach of the Constitution or a law.

Modalites

A motion of censure requires a qualified majority.

Consequences

If the parliament expresses no confidence in the Prime Minister, the entire cabinet must resign. If there is an expression of no confidence in an individual minister then the minister must resign and another person is invited to replace him or her by the Prime Minister. Between1999 and July, 2005, 18 motions of censure were tabled (once for the entire cabinet, five times for the Prime Minister and 12 times for individual ministers). All 18 motions were unsuccessful (11 were defeated when the parliament voted, and seven were withdrawn).

Dismissal and/or impeachment of Government and other public officials (sub-report)

Circumstances and persons concerned

The parliament may decide to remove the President from office (Article 51 of the Constitution).

Modalites and procedure

The President may be subject to criminal liability only if the parliament consents thereto by a majority vote of no less than two-thirds. A request to dismiss the President must be initiated upon the proposal of no less than half of all members of the parliament. The parliament then decides, in closed session and with a majority vote of no less than two-thirds of all its members, to remove the President from office.

Consequences

If the President is removed from office before his or her term has ended, the chairperson of the parliament assumes the duties of the President until the parliament has elected a new President. Similarly, the chairperson assumes the duties of the President if the latter is abroad or for any other reason is unable to fulfil the duties of office.

Have these procedures been applied?

Oversight over the actions of the Government administration

Yes

The administrative institutions of the State are under the authority of the cabinet (Article 58 of the Constitution). In order to fulfil their duties, the Prime Minister and other ministers must have the confidence of the parliament and they are accountable to the latter for their actions.

Means and modalities of oversight

Hearings in Committees

Committees have the right to require of individual ministers information and explanations necessary for the work of the committees, and the right to invite responsible representatives from the relevant ministries to their sittings to furnish explanations (Article 25 of the Constitution).

Committees of inquiry and missions to Government departments

The parliament appoints parliamentary investigation committees for specified matters if no less than one-third of its members so request (Article 26 of the Constitution).

Oral and written questions of parliamentarians

At least five parliamentarians together may submit questions in writing to the Prime Minister, a deputy prime minister, a minister, a state minister or the President of the Bank of Latvia concerning matters which fall within the competence of these officials. Questions must be so formulated that short and precise answers may be given. Questions may not contain any evaluation. They are submitted to the Chancellery which enlists them in the register in accordance with the procedure set by the Presidium and notifies the official to whom the question is addressed. Unless a submitted question is marked as urgent, a notice about the question is posted in the parliament building. During regular parliamentary sittings, the question period should not exceed one hour. Questions are answered by the officials to whom they have been addressed. An answer to a non-urgent question must be submitted in writing to the Chancellery no later than one day before the deadline set, or a verbal answer may be given. Answers to urgent questions must be given if the questions have been submitted no later than 48 hours before the relevant parliamentary sitting.

After the answer has been given, the submitters may ask two follow-up questions. The floor is given to the first signer of the question, and the time limit for asking a follow-up question must not exceed one minute. When the answers have been given to the follow-up questions, the other members may also ask follow-up questions, but not more than three. If several members want to ask follow-up questions they are given the floor in the order in which they applied. The time for answering each follow-up question must not exceed two minutes. The questions not answered during the question period, because of a lack of time or because none of the submitters of the question was present, are answered in writing within 48 hours of the respective parliamentary sitting. If an answer is not provided because of the justified absence of the relevant official and if a written answer has not been given or if the answer does not satisfy the submitters of the question, the submitters may request that an answer to the respective question be given at the end of the next regular sitting. If answers to questions have not been given during a particular session, they should be provided in writing within 48 hours after the closing of the session.

Role of Parliament in the appointment of senior Government officials

The parliament exercises oversight over the actions of the Government through a permissive function in appointing senior government officials.

Activity reports of the Government administration and of public services or establishments

The parliament exercises oversight over the actions of the Government office by submitting annual reports, if such reports are requested by the parliament.

Representation of Parliament in governing bodies of the Government administration

Not applicable

Existence of an ombudsman

Yes

Method for appointing the executive

The National Human Rights Office is headed by a director who is appointed by the parliament upon the recommendation of the cabinet for a term of four years. The Office may establish permanent advisory bodies and working groups for the elaboration of specific projects, whose mandates and tasks for the advisory bodies are approved by the director of the office.

Relationship to Parliament

The Office is an independent state institution that investigates complaints of violations of the rights of individuals and citizens, but it does not investigate a complaint if a court verdict has already come into legal effect in a civil, criminal or administrative case against the same person and for the same violation. At least once a year, the office presents a written report to the parliament and the cabinet on its activities, as well as once a quarter on human rights issues.

Consultation of Parliament in the preparation of the national budget

Yes

The parliament is consulted in the preparation of the budget through the Budget and Finance Committee.

Modalities of oversight

Examination of the budget / finance act by Parliament

Before the commencement of each financial year, the parliament determines the state revenues and expenditures budget, the draft of which must be submitted to the parliament by the cabinet (Article 66 of the Constitution). If the parliament makes a decision that involves expenditures not included in the budget then the decision must also allocate funds to cover such expenditures. The first reading of a draft law begins with a report by the rapporteur appointed by the responsible committee. When the debate is closed, the parliament decides on the adoption of the draft law at its first reading. If the draft law has not been adopted at the first reading it is deemed rejected and may be resubmitted for consideration during the same session only if it has been signed by at least 51 parliamentarians or if it has been amended. Thereafter, the draft law is again prepared for a second reading by the responsible committee. The committee provides its opinion concerning the submitted proposals and, if necessary, adds its own proposals.

A second reading of the draft law begins with a report by the rapporteur. Consideration of the draft law, article by article, follows the report. During the second reading, only debate on a specific article or a part of it is permitted. After all the proposals have been considered, the person chairing the sitting puts the draft law to a vote in its entirety, together with the adopted proposals. Only two readings are required for adopting the draft budget law and amendments to the state budget.

Reports on the budget / finance act by Committees

The first and second reading of a draft budget law begins with a report by the rapporteur appointed by the responsible committee, and the debate on the provisions of the draft law begins only after these reports.

Fields overseen

Defence budget

Parliament exercises oversight over all public funds.

Budget of special departments

Not applicable

Role of Parliament in national development plans

Parliamentary commissions take part in the preparation and implementation of national development plans.

Parliament's deadline for the examination and adoption of the budget / finance act

The deadline for the examination of the finance act is October. The deadline for its adoption is February of the following year.

Consequences of failure by Parliament to adopt the budget / finance act

If the annual draft budget submitted by the cabinet is rejected by the parliament at the first or second reading, it is regarded as a vote of no confidence in the cabinet (Article 30 of the Constitution). However, if the parliament fails to adopt the finance act then the praxis of the previous year's budget use is adjusted for the first months of the following year.

Budgetary autonomy of Parliament

Yes

The parliament is financially independent. After its budget request has been examined by the committees and approved by the Presidium it is submitted to the Minister of Finance, who incorporates it without any amendments into the draft of the state budget law. Issues related to the financial management of the parliament are decided by the Presidium on the basis of the proposals of the Administrative Committee. Finances are managed by the Presidium or a parliamentary official appointed by the Presidium. Bookkeeping records, the legitimacy and usefulness of expenditures, as well as the annual report of the parliament are audited by the Public Expenditure and Audit Committee.

Evaluation of Government spending

Parliament approves Government expenditures annually

Yes

After the end of the budgetary year, the cabinet submits an accounting of budgetary expenditures for approval of the parliament.

Parliamentary oversight of public companies

No

Not applicable

Modalities of oversight

Body for auditing the Government's books and method for appointing

The appointment of the Comptroller General, respectively the Office of the Comptroller General, is confirmed by the parliament.

Reports of the public auditor's office

The Comptroller General submits reports to the parliament if so requested by the latter.

Specialised committee

The parliament exercises oversight over the implementation of the budget through the Budget and Finance Committee.

Foreign Relations Committee (sub-report)

Functions of the Committee

The parliament exercises oversight over foreign policy through the Foreign Affairs Committee.

Powers of the Committee

The Committee has the right to directly request the information and explanatory material necessary for its work form the respective minister and the institutions subordinated to or supervised by him/her, as well as from the local Governments. The Committee may also summon the appropriate official to provide the required comments.

Composition of the Committee

Members of parliament from all the Saeima's (parliament) factions.

Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad

The parliament exercises oversight over foreign policy through bilateral visits, participation in inter-parliamentary organisations and conferences, other conferences and information missions abroad.

Plenary debates on foreign policy issues

The parliament exercises oversight over foreign policy by organising plenary debates on foreign policy issues.

Involvement of Parliament

Participation of Parliament in inter-governmental meetings

Parliamentarians may participate in inter-governmental meetings at the request of the Government.

Modalities and procedures for ratifying international treaties and agreements (sub-report)

All international agreements, which settle matters that may be decided by the legislative process, require ratification by the parliament (Article 68 of the Constitution). Upon entering into international agreements, Latvia, with the purpose of strengthening democracy, may delegate a part of its state institution competencies to international institutions. Such agreements may be ratified by the parliament at sittings in which at least two-thirds of its members participate, and a two-thirds majority vote of the members present is necessary for ratification. Membership in the European Union was decided by a national referendum, which was proposed by the parliament. Substantial changes in the terms regarding the European Union membership are decided by a national referendum if such a referendum is requested by at least one half of the members of Parliament. The President implements the decisions of the parliament concerning the ratification of international agreements.

Other mechanisms for participation in foreign policy by Parliament

In addition to the above, the parliament exercises oversight over foreign policy through the European Affairs Committee.

National Defence Committee (sub-report)

Functions of the Committee

The parliament exercises oversight over defence policy through the Defence and Internal Affairs Committee.

Powers of the Committee

The Committee is responsible for formulating legislation on defence and internal affairs and establishes parliamentary oversight of military structures so that the funds allocated for defence from the state budget are utilised efficiently and yield the maximum return. Also, in carrying out its foreign policy activities, the Committee maintains contacts with related parliamentary committees in other countries.

Composition of the Committee

Members of parliament from all of the Saeima's (parliament) factions.

Parliamentary oversight of public arms manufacturing companies

Not applicable

Circumstances and involvement

Modalities and procedures in case of war, an armed attack or a state of emergency

The President declares war on the basis of a decision of the parliament (Article 43 of the Constitution). He has the right to take whatever steps are necessary for the military defence of the State should another State declare war or an enemy invade its borders. Concurrently and without delay, the President convenes the parliament, which decides as to the declaration and commencement of war.

Role of Parliament in sending troops abroad

Not available

Other mechanisms for participation in national defence policy by Parliament

There are no other parliamentary oversight mechanisms in addition to the above.

Circumstances

The President declares war on the basis of a decision of the parliament (Article 43 of the Constitution). He has the right to take whatever steps are necessary for the military defence of the State should another State declare war or an enemy invade its borders. Concurrently and without delay, the President convenes the parliament, which decides as to the declaration and commencement of war. 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 thereof, the cabinet has the right to proclaim a state of emergency and informs the Presidium within twenty-four hours (Article 62 of the Constitution). The Presidium must then, without delay, present such decision of the cabinet to the parliament.

Can parliament take the initiative to declare a state of emergency

No

Consequences of a state of emergency for Parliament

The parliament exists and functions normally in case of an emergency.

Modalities of oversight

Body ruling on the constitutionality of laws

A specialised body / constitutional Court

The Constitutional Court reviews cases concerning the compliance of laws with the Constitution, as well as other judicial matters (Article 85 of the Constitution). The Court has the right to declare laws or other enactments or parts thereof invalid. The appointment of judges to the Constitutional Court is confirmed by the parliament with a majority of the votes of not less than 51 members. The Court has seven judges. Three of them are confirmed upon the recommendation of not less than ten members of the parliament, two upon the recommendation of the cabinet, and two more judges upon the recommendation of the plenum of the Supreme Court. The term of office of a judge of the Constitutional Court is ten years.

Means and procedures

The Constitutional Court reviews cases regarding (i) the compliance of laws with the Constitution, (ii) the compliance with the Constitution of international agreements that have been signed (even before the parliament has confirmed the agreement), (iii) the compliance of other normative acts or their parts with the legal norms (acts) of higher legal force, (iv) the compliance with the law of other acts (with the exception of administrative acts) by the parliament, the cabinet, the President, the chairperson of the parliament and the Prime Minister, (v) the compliance with the law of regulations whereby the minister has rescinded binding regulations issued by the Dome (Council) of a municipality and (vi) the compliance of the national legal norms with the international agreements entered, which are not contrary to the Constitution.

The following have the right to submit an application to initiate a case regarding the compliance of laws and other normative acts or international agreements with the Constitution, (i) the President, (ii) the parliament, (iii) no less than 20 members of the parliament, (iv) the cabinet, (v) the Prosecutor General, (vi) the Council of the State Control, (vii) the Dome (Council) of a municipality, (viii) the National Human Rights Office, (ix) a court, when reviewing an administrative, civil or criminal case, (x) a judge of the land registry when entering real estate or thus confirming property rights on it in the land book, and (xi) a person whose fundamental rights established by the Constitution have been violated.

Following the session of the Constitutional Court, the justices meet to reach a judgment in the name of the Republic. The judgment is reached by a majority vote and is forwarded to the participants in the case no later than three days after reaching the judgment. Every judgment of the Constitutional Court is final and comes into legal effect at the time of announcement. A judgment is binding for all state and municipal institutions, offices and officials, including the courts, and for natural and juridical persons. Any legal norm that the Court has determined as incompatible with the legal norm of higher force is considered invalid as of the date of publishing the judgment.

Evaluation of laws

Yes

The body responsible for evaluating laws is the Legal Affairs Committee.

Measures

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