Latvian Human Rights Quarterly #7-10

Constitution and human rights: Yearbook 1999


CONTENTS

Foreword
Part A
Articles


E.Levits.
Comments on Chapter 8 of the Satversme (Constitution) – Fundamental Rights

Introduction
1. Legal-political Context of Human Rights
1.1. Human rights norms currently in force in Latvia
1.2. Other countries where human rights are not expressly mentioned in the constitution
1.3. The legal reality in Latvia
1.4. Constitutional regulations in other post-dictatorship states
1.5. The addition of a fundamental rights chapter to the Satversme
1.6. Understanding fundamental rights
1.7. Judicial enforcement of fundamental rights
1.8. Fundamental rights and judicial control of normative acts
2. General Assessment of the New Chapter
3. Proposals

M.Mits.
The Satversme in the Context of the European Human Rights Standards
1. Introduction
2. Necessity of Constitutional Regulation
2.1. Deficiencies of the Constitutional Law
2.2. Problems of human rights status in Latvia
2.3. Advantages of constitutional regulation
3. Compatibility of the Chapter on Fundamental Rights with the European Convention on Human Rights
3.1. Guarantees relating to criminal law
3.2. Other civil and political guarantees
4. The Fundamental Rights Chapter and the European Social Charter
4.1. The right to adequate remuneration
4.2. The right to social security
4.3. The right to organise
4.4. Rights of women and children
4.5. Absent economic, social and cultural guarantees
5. Conclusion

G.Ozoliòa.
State of Emergency in the Latvian Constitution
1. Introduction
2. The Satversme provisions on state of emergency: as to competence of the Saeima and the Cabinet of Ministers
3. Restrictions of Human Rights during a State of Emergency: the Satversme and International Human Rights Standards
4. Conclusion

A.Drzemczewski.
The Internal Organisation of the European Court of Human Rights: the Composition of Chambers and the Grand Chamber
Introduction
Brief overview of the relevant provisions of the new system
Internal organisation
1. Composition of the Chambers [Sections]
1.1. General information
1.2. The organisation of the sections
1.3. The organisation of the chambers within sections
1.4. The designation system in the sections
2. Composition of the Grand Chamber [Two Groups]
2.1. General information
2.2. The two groups of the Grand Chamber
2.3. The designation system in the Grand Chamber
Conclusions

Part B
Documents

Satversme
Constitutional Court Law
Judicial Powers Law
Latvian National Human Rights Office Law
Republic of Latvia International Agreements Law
Law on the European Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950 and its protocols No. 1, 2, 4, 7 and 11
Law on Protocol No.6 to the European Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950


Part C
Court practice

Judgment of the Constitutional Court Concerning Coercive Expropriation of Real Estate for the State or Public Interest
I.Ziemele. State Continuity and the Right to Property: A Commentary on the Constitutional Court Judgment
1. The Scope of the Commentary
2. Positive Aspects of the Judgment
3. Reservation, Prohibition of Discrimination and State Continuity

Decision of the Supreme Court Concerning Right to a Fair Trial

Judgment of the Supreme Court Concerning Genocide
I.Ziemele. Questions Concerning Genocide. A Note on the Supreme Court Judgment
1. Introduction
2. The Application of the Principle of State Continuity
3. Crime of Genocide and Crimes against Humanity
3.1. Scope and content of applicable international rules
3.2. International individual criminal responsibility
4. The Latvian Criminal Code
Concluding Remarks

Part D
Information

Annual meeting of the Advisory Board of the Institute on Human Rights
Moot Court of the European Court of Human Rights
Conference “The Right to a Fair Trial in Latvia and the European Convention on Human Rights”
Public lecture by Prof. Gudmundur Alfredsson “The United Nations and Human Rights”
Conference “Access to Information in Public Institutions”
Seminar “The European Convention on Citizenship”
Public lecture by Prof. Ole Espersen “How to Make the Declaration a Living Reality?”
Book Review
Research Resources Review