Parliamentary dissolution power of Latvian President
Encyclopedia
The Constitution of Latvia
, ratified on February 15, 1922, contains a provision regarding one of the reserve power
s of the President of Latvia to initiate the dissolution of the parliament. According to Article 48-50 of the Constitution,
Since 2009, Article 14 also foresees the right for the citizens without involvement of president:
Thus, the Constitution establishes one of the possible procedures to resolve a political crisis in a parliamentary republic
by entitling the President, an otherwise largely ceremonial figure, to initiate the dissolution of parliament
, but at the potential cost of his own office, should his initiative be rejected by popular vote.
This constitutional power was used for the first time in the history of the Latvian state
by the President, Valdis Zatlers
, on May 28, 2011. This move was in response to the parliament's refusal to sanction a search
at the home of Ainārs Šlesers
, a Saeima
member and former Cabinet minister
. The referendum
on the dissolution of parliament has to take place no later than two months time after the President's decree. On May 30 the Central Election Commission resolved that the vote will take place on July 23, 2011.
Previously, following the riots in Riga on January 13, 2009, President Zatlers promised to dissolve the Saeima unless it adopted amendments to the Constitution providing for the possibility of dissolving it by popular vote. These amendments were adopted by the Saeima
on April 8, 2009, but on April 1, 2009, the President decided not to dissolve parliament.
The Latvian parliament, the Saeima
, was also dissolved unconstitutionally on May 15, 1934 following a bloodless coup
organized by then-Prime Minister Kārlis Ulmanis
. The Cabinet declared a military state of emergency and suspended the activity of all parties which effectively put a ban on the work of the Saeima
. This act was in direct violation of the Constitution
and led to the establishment of an authoritarian regime.
Constitution of Latvia
The Constitution of Latvia is the fundamental law of the Republic of Latvia. It was adopted by, as it states itself, the people of Latvia, in a freely elected Constitutional Assembly, on 15 February 1922 and came into force on 7 November 1922. It was influenced by ideas of the Weimar Constitution...
, ratified on February 15, 1922, contains a provision regarding one of the reserve power
Reserve power
In a parliamentary or semi-presidential system of government, a reserve power is a power that may be exercised by the head of state without the approval of another branch of the government. Unlike a presidential system of government, the head of state is generally constrained by the cabinet or the...
s of the President of Latvia to initiate the dissolution of the parliament. According to Article 48-50 of the Constitution,
-
-
- 48. The President shall be entitled to propose the dissolution of the Saeima. Following this proposal, a national referendum shall be held. If in the referendum more than half of the votes are cast in favour of dissolution, the Saeima shall be considered dissolved, new elections called, and such elections held no later than two months after the date of the dissolution of the Saeima.
- 49. If the Saeima has been dissolved, the mandate of the members of the Saeima shall continue in effect until the newly elected Saeima has convened, but the dissolved Saeima may only hold sittings at the request of the President. The agenda of such sittings shall be determined by the President.
- 50. If in the referendum more than half of the votes are cast against the dissolution of the Saeima, then the President shall be deemed to be removed from office, and the Saeima shall elect a new President to serve for the remaining term of office of the President so removed.
-
Since 2009, Article 14 also foresees the right for the citizens without involvement of president:
-
-
- 14. Not less than one tenth of electors has the right to initiate a national referendum regarding recalling of the Saeima. If the majority of voters and at least two thirds of the number of the voters who participated in the last elections of the Saeima vote in the national referendum regarding recalling of the Saeima, then the Saeima shall be deemed recalled. The right to initiate a national referendum regarding recalling of the Saeima may not be exercised one year after the convening of the Saeima and one year before the end of the term of office of the Saeima, during the last six months of the term of office of the President, as well as earlier than six months after the previous national referendum regarding recalling of the Saeima.
- The electors may not recall any individual member of the Saeima.
-
Thus, the Constitution establishes one of the possible procedures to resolve a political crisis in a parliamentary republic
Parliamentary republic
A parliamentary republic or parliamentary constitutional republic is a type of republic which operates under a parliamentary system of government - meaning a system with no clear-cut separation of powers between the executive and legislative branches. There are a number of variations of...
by entitling the President, an otherwise largely ceremonial figure, to initiate the dissolution of parliament
Saeima
Saeima is the parliament of the Republic of Latvia. It is a unicameral parliament consisting of 100 members who are elected by proportional representation, with seats allocated to political parties which gain at least 5% of the popular vote. Elections are scheduled to be held once every four years,...
, but at the potential cost of his own office, should his initiative be rejected by popular vote.
This constitutional power was used for the first time in the history of the Latvian state
Latvia
Latvia , officially the Republic of Latvia , is a country in the Baltic region of Northern Europe. It is bordered to the north by Estonia , to the south by Lithuania , to the east by the Russian Federation , to the southeast by Belarus and shares maritime borders to the west with Sweden...
by the President, Valdis Zatlers
Valdis Zatlers
Valdis Zatlers is a Latvian politician and former physician who served as the seventh president of Latvia from 2007 to 2011. He won the Latvian presidential election of 31 May 2007...
, on May 28, 2011. This move was in response to the parliament's refusal to sanction a search
Search and seizure
Search and seizure is a legal procedure used in many civil law and common law legal systems whereby police or other authorities and their agents, who suspect that a crime has been committed, do a search of a person's property and confiscate any relevant evidence to the crime.Some countries have...
at the home of Ainārs Šlesers
Ainārs Šlesers
Ainārs Šlesers is a Latvian politician. He is a member of the LPP/LC and a deputy of the 9th Saeima .-External links:*...
, a Saeima
Saeima
Saeima is the parliament of the Republic of Latvia. It is a unicameral parliament consisting of 100 members who are elected by proportional representation, with seats allocated to political parties which gain at least 5% of the popular vote. Elections are scheduled to be held once every four years,...
member and former Cabinet minister
Minister (government)
A minister is a politician who holds significant public office in a national or regional government. Senior ministers are members of the cabinet....
. The referendum
Latvian parliamentary dissolution referendum, 2011
A referendum on whether the Saeima should be dissolved early was held in Latvia on 23 July 2011. President Valdis Zatlers used his parliamentary dissolution power for the first time in the history of Latvia...
on the dissolution of parliament has to take place no later than two months time after the President's decree. On May 30 the Central Election Commission resolved that the vote will take place on July 23, 2011.
Previously, following the riots in Riga on January 13, 2009, President Zatlers promised to dissolve the Saeima unless it adopted amendments to the Constitution providing for the possibility of dissolving it by popular vote. These amendments were adopted by the Saeima
Saeima
Saeima is the parliament of the Republic of Latvia. It is a unicameral parliament consisting of 100 members who are elected by proportional representation, with seats allocated to political parties which gain at least 5% of the popular vote. Elections are scheduled to be held once every four years,...
on April 8, 2009, but on April 1, 2009, the President decided not to dissolve parliament.
The Latvian parliament, the Saeima
Saeima
Saeima is the parliament of the Republic of Latvia. It is a unicameral parliament consisting of 100 members who are elected by proportional representation, with seats allocated to political parties which gain at least 5% of the popular vote. Elections are scheduled to be held once every four years,...
, was also dissolved unconstitutionally on May 15, 1934 following a bloodless coup
Bloodless Coup
Bloodless Coup is the fifth studio album by Irish band Bell X1. It was released on 1 April 2011 in Ireland, Germany, Belgium and the Netherlands, on 4 April in the United Kingdom, and on 5 April in North America....
organized by then-Prime Minister Kārlis Ulmanis
Karlis Ulmanis
Kārlis Augusts Vilhelms Ulmanis was a prominent Latvian politician in pre-World War II Latvia during the Latvian period of independence from 1918 to 1940.- Education and early career :Ulmanis studied agriculture at the Swiss Federal Institute of Technology Zurich and...
. The Cabinet declared a military state of emergency and suspended the activity of all parties which effectively put a ban on the work of the Saeima
Saeima
Saeima is the parliament of the Republic of Latvia. It is a unicameral parliament consisting of 100 members who are elected by proportional representation, with seats allocated to political parties which gain at least 5% of the popular vote. Elections are scheduled to be held once every four years,...
. This act was in direct violation of the Constitution
Constitution of Latvia
The Constitution of Latvia is the fundamental law of the Republic of Latvia. It was adopted by, as it states itself, the people of Latvia, in a freely elected Constitutional Assembly, on 15 February 1922 and came into force on 7 November 1922. It was influenced by ideas of the Weimar Constitution...
and led to the establishment of an authoritarian regime.
External links
- Legal Analysis of the Procedure for Saeima's Dissolution (in Latvian).
See also
- Latvian parliamentary dissolution referendum, 2011Latvian parliamentary dissolution referendum, 2011A referendum on whether the Saeima should be dissolved early was held in Latvia on 23 July 2011. President Valdis Zatlers used his parliamentary dissolution power for the first time in the history of Latvia...
- Politics of LatviaPolitics of LatviaThe politics of Latvia takes place in a framework of a parliamentary representative democratic republic, whereby the Prime Minister is the head of government, and of a multi-party system. The President holds a primarily ceremonial role as Head of State. Executive power is exercised by the government...