“Constitutional Court Resumes Examination on Covid-19 Vaccination Requirement for Saeima Members”

While making the verdict in the case regarding the previously introduced requirement for members of the Saeima to be vaccinated against Covid-19, the Constitutional Court (ST) has decided to resume the examination of the case with the participation of the participants in the case.

The court session is now only scheduled for November 1 at 10:00 a.m.

Previously, the court considered the case in a written process and the verdict was scheduled to be announced on May 3.

The case has been initiated following the constitutional complaint of former Saeima member Yulia Stepanenko. Until November 15, 2021, she had not presented the Covid-19 safety certificate required by the disputed norm to the Saeima’s Mandate, Ethics and Submissions Committee, therefore she could not participate in the work of the Saeima, either in person or remotely, until the norm was lifted. Stepanenko was the only member of parliament who did not participate in the work of the parliament during the entire period of validity of the mentioned law, because she had chosen not to be vaccinated and did not present a certificate of illness.

In the applicant’s assessment, her ability to fulfill her duties as a member of the Saeima depended on whether she had been vaccinated against Covid-19, thus violating her right to the inviolability of her private life, as well as her right to participate in state activities.

According to Article 2 of the Law “On Temporary Additional Requirements for the Work of Saeima Members and Municipal Council Members”, from November 15, 2021, only members of the Saeima were entitled to participate in the work of the Saeima, who presented co-operable Covid-19 certificates, which confirmed the fact of vaccination or contracting the disease, as well as MPs who have received the opinion of medical specialists on the postponement of vaccination for a certain period of time and have presented a cooperative certificate on the negative result of the performed test. The contested norm was valid until March 31, 2021.

Article 96 of the Constitution states that everyone has the right to inviolability of private life, home and correspondence. The first part of Article 101 of the Constitution stipulates that every citizen of Latvia has the right to participate in the activities of the state and local governments in the manner provided by law, as well as to perform public service.

In the politician’s view, although the limitation of fundamental rights established in the contested norm could be related to the protection of public health and safety, it is not proportionate. This goal can be achieved with more lenient means, for example, by ensuring that all members of the Saeima are regularly tested for Covid-19 if the work of the Saeima takes place in person, or by allowing the work of the Saeima remotely. In addition, the benefit to the society is said to be less than the damage caused to Stepanenko’s rights, because, firstly, there are significant side effects of the Covid-19 vaccines and, secondly, there is a “lack of scientific evidence” about the duration of the immunity created by the vaccines and their ability to limit the spread of Covid-19.

Source: LETA