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Tariff Council Case

Latvia Constitutional Court
Decision No. 03-05 (1999)

Written by Kelly Simon, JD

Facts

The Saeima (the Latvian Parliament) created a parliamentary investigation committee (the committee) to investigate the actions of the Telecommunications Tariff Council (the council). After the committee’s investigation, the Saeima’s investigatory committee determined that the council violated the Latvian law on telecommunications. In response, the Saeima passed a resolution requiring that the Latvian cabinet of ministers (the ministers) dismiss the council members. According to the Saeima, a strong parliamentary tradition existed to assign different tasks to government entities by passing a resolution. The resolution obliging that the ministers dismiss the council was consistent with tradition. The constitutional court considered whether the Saeima had the authority over the cabinet of ministers, a separate governmental organ, to require that the ministers take a specific action to dismiss the members of the council.

Rule of Law

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Issue

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Holding and Reasoning (Per curiam)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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