The Chairman of the Judicial Council warns that the new pension law may violate three points of the Constitution
The Chairman of the Judicial Council of Latvia has raised concerns that a proposed special pension law for judges and prosecutors may infringe on constitutional rights by affecting their financial security and independence.
Aigars Strupišs, the Chairman of the Judicial Council and the Supreme Court of Latvia, expressed concerns in a letter to President Edgar Rinkēvičs about the rushed process leading to the proposed special pension law for judges and prosecutors. He emphasized that the development of the law has lacked proper dialogue with the judiciary, which undermines the principles of justice and constitutional integrity. Strupišs argues that judges' pensions are distinct from other pensions because they serve a unique constitutional purpose aimed at ensuring the independence and financial security of judges after they leave office.
The letter outlines that any changes to the pension law should not reduce judges' financial security, as this is a fundamental guarantee of their independence, vital for them to perform their duties without political pressure. The concerns raised emphasize the interrelationship between financial guarantees and the judiciary's ability to operate independently. This highlights the potential risks associated with weakening the current pension scheme for judges, especially in a political environment where their roles are crucial for upholding the rule of law.
Strupišs further asserts that the reform should not adversely affect the status of sitting judges, stressing the importance of the principle of legal certainty. This principle is crucial as it grants judges assurance in their roles, ensuring that their rights and obligations remain protected despite changes in legislation. The ongoing debate signifies a critical moment for the judicial system in Latvia, as the implications of the proposed reforms could have long-lasting effects on judicial independence and governance in the country.